ITEM F-1 — Beverly Hills City Council, August 4, 2026

AGENDA REPORT
Meeting Date: August 4, 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 ACCESSORY DWELLING UNIT REGULATIONS IN

COMPLIANCE WITH STATE LAW REQUIREMENTS IN
GOVERNMENT CODE SECTIONS 66310 THROUGH 66342

AND FINDING THE ORDINANCE TO BE EXEMPT UNDER

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

2. Planning Commission Resolution No. 2124

3. Redline of Existing Code Sections

4. Overview of Proposed Changes

5. Applicable General Plan Goals and Policies

6. Public Comments
_________________________________________________________________________________________________________

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 ACCESSORY

DWELLING UNIT REGULATIONS IN COMPLIANCE WITH STATE LAW
REQUIREMENTS IN GOVERNMENT CODE SECTIONS 66310 THROUGH
66342 AND FINDING THE ORDINANCE TO BE EXEMPT UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)” (Attachment 1) Meeting Date: August 4, 2026

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INTRODUCTION
This report provides information regarding a proposed ordinance to update regulations for accessory dwelling units (ADUs) in Article 50 [Accessory Dwelling Units and Junior Accessory Dwelling Units] of Chapter 3 [Zoning] of Title 10 [Planning and Zoning] of the Beverly Hills Municipal Code (BHMC). The recommended amendments primarily consist of modifications to regulations for consistency with recent updates to state law applicable to ADUs and Junior ADUs (JADUs) and a reorganization of Article 50 to reference state law provisions.

DISCUSSION
In recent years, ADUs have become an important part of the City’s and state’s housing stock. ADUs and JADUs provide flexibility for homeowners and property owners to add additional dwellings on residential properties. In 2024, the City Council adopted a major update to the ADU ordinance to streamline the approval process, ensure consistency with state law, and allow additional flexibility beyond state law minimums where appropriate.

Since then, state legislators have passed a number of laws to further incentivize the construction of ADUs and JADUs and allow for additional ADUs on each property. The proposed amendments to the ADU regulations aim to align the local regulations with state law and further streamline ADU code sections to improve usability and implementation.

Planning Commission Review
June 11, 2026 Planning Commission Discussion
The Planning Commission discussed the amendments at their regular meeting on June 11, 2026. The Commission asked staff for clarification on rental term requirements, the total number of ADUs and JADUs allowed per property, number of ADUs approved in the City so far, and the scope of updates. The Commission directed staff to amend the ordinance to explicitly reference the City’s short-term rental regulations, which require a minimum of a one-year initial rental term for housing units, including ADUs. The Commission unanimously voted to recommend adoption of the updates as amended per the Commission direction.

Proposed Amendments Reviewed by the Planning Commission This section of the report discusses each of the proposed updates and the impetus for the change. These updates were reviewed by the Planning Commission at the June 11, 2026 meeting.
• Reorganization of Article 50 to cross-reference state law provisions [BHMC Title 10, Chapter 3, Article 50]:

Frequent state law changes often result in inconsistencies between local regulations and state law, which require repeated updates to local ordinances. To ensure continued and ongoing compliance with state law, the proposed amendments incorporate cross-references to frequently amended provisions where appropriate. Additionally, Article 50 has been reorganized to clearly distinguish between the state-mandated provisions and local standards allowed per Government Code §66314. As reorganized, the article will include separate sections laying out the following: ADU standards that must be adopted without modification per Government Code §66323 (BHMC §10-3-5000); local standards for ADUs on single-family lots (BHMC §10-3-5001); and local standards for ADUs on multi-family lots (BHMC §10-3-5002).

Meeting Date: August 4, 2026

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• Reference to Short-Term Rental Regulations [originally BHMC §10-3-5000.A.7.(b); amended §10-3-5000.C, §10-3-5001.D.6.(a), §10-3-5002.D.10]:

Per the Planning Commission direction, the short-term rental prohibition provision explicitly references the City’s short-term rental regulations. • Senate Bill (SB) 543 increased the number of detached ADUs allowed on properties with existing multi-family dwellings from two to eight. Additionally, it created provisions to allow ADUs enumerated in Government Code §66323 in addition to an ADU that is allowable per Government Code §66314, increasing the total number of ADUs allowable on a site for both single-family and multi-family residential properties. Based on current state law, a single-family property may construct up to two ADUs and a JADU per Government Code §66323 and one additional ADU. A single-family residential property that exceeds 13,000 square feet may also have one additional ADU per the City’s incentive ADU (IADU) provisions as mandated by the Housing Element. Per Government Code §66323, a multi-family residential property with existing units may construct up to eight detached ADUs, not to exceed the number of existing units on the lot, and convert existing non-livable space as defined by state law to ADUs, up to 25% of the number of existing units within the multi-family dwelling. Additionally, Government Code §66323 allows up to two detached ADUs on properties with proposed multifamily dwellings. The types of ADUs allowed based on current state law provisions are summarized in Table 2 of Attachment 4.
• Amendment to the owner occupancy requirement for JADUs meeting certain criteria [originally BHMC §10-3-5000.A.7; amended §10-3-5000.D]:

Assembly Bill (AB) 1154 removed the owner occupancy requirement for JADUs that provide independent sanitation facilities. The proposed amendments remove the owner occupancy requirement for ADUs and JADUs except where a JADU shares sanitation facilities with the primary residence. • Clarifications to the provision regarding conversion of unenclosed accessory structures [originally BHMC §10-3-5000.A.4, §10-3-5000.A.9, and §10-3-5001.A.4; amended §10-3-5001.D.9.c and §10-3-5002.D.9.d]:

This provision would be updated to clarify that it would be permissible to enclose and convert an unenclosed accessory structure into an ADU only if the resulting structure adheres to the setback, height, and other development regulations for a new detached ADU that is subject to local regulations.
• Amendment to covenant requirements [originally BHMC §10-3-5000.A.14 and §10-3-5001.A.12; amended §10-3-5000.E and §10-3-5001.D.12]:

Government Code §§66315 and 66323 list the type of regulations local jurisdictions may impose on locally regulated ADUs. Covenant and deed restriction requirements are not included as allowable regulations. Accordingly, the covenant requirement for ADUs is proposed to be removed. The covenant requirement for IADUs remains in place with minor semantic revisions, as IADUs are allowed in addition to the ADUs permitted under state law and, therefore, are allowed to have stricter deed requirements. The covenant requirement for JADUs is also maintained as required by Government Code §66333(c).

Meeting Date: August 4, 2026

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• Update to the historic resource protection provision [originally BHMC §10-3- 5000.A.18 and §10-3-5001.A.19; amended §10-3-5001.D.16 and §10-3- 5002.D.16]:

Per Government Code §66314, local jurisdictions may only impose objective standards for ADUs. As the Secretary of the Interior’s Standards for the Treatment of Historic Properties are not fully objective, these standards may not be applied in the review of ADUs. The amendments propose that an ADU converted from a historically significant structure shall maintain character-defining features, as identified on the historic assessment report prepared for the landmark designation.

The amendments also give authority to the Director of Community Development to adopt objective standards, which may be developed in the future, to prevent adverse impacts to any property that is listed on the national, state, or the Beverly Hills register of historic properties.
• Clean-up of the window requirement for multifamily ADUs for consistency [originally BHMC §10-3-5001.A.18; amended §10-3-5002.D.15]:

In May 2026, the City Council adopted Ordinance No. 26-O-2933. The ordinance updated window privacy requirement for ADUs, clarifying that the provision is intended to apply windows on any floor and that the height of the window is to be measured from the finished floor to the bottom of the window sill. This update was inadvertently made only to the regulations for ADUs on properties with singlefamily residential dwellings. The proposed amendments will ensure that this update is made to the regulations for ADUs subject to local standards on multifamily residential properties, as well.

Additional Changes Per Informal Review by State Department of Housing and Community Development (HCD)
After the Planning Commission review, staff engaged with HCD for an informal review of the draft ordinance. On June 30, 2026, HCD staff provided feedback on a number of items and staff has made additional updates to the ordinance to these topics for compliance with state law as follows, in addition to the changes discussed in the earlier section:
• Approval process [amended BHMC §10-3-5001.C, §10-3-5002.C]:

Provision for the approval process is amended to include a mandate to comply with state law requirements.
• Further amendments to the covenant requirements for JADUs [amended BHMC §10-3-5000.E]:

While short-term rental is prohibited for all ADUs including JADUs and owner occupancy is required if the JADU shares sanitation facilities with the primary dwelling, these items may not be included as a part of a deed restriction per state law. Therefore, clauses for the covenant requirement for JADUs are revised to remove restrictions for short-term rentals and owner occupancy. The provision is also revised to include maintenance of square footage and other physical attributes per Gov. Code §66333(c)(2).
• Further amendment to the covenant requirement for IADUs [amended BHMC §10- 3-5001.D.12]:

Based on the City’s ADU ordinance, if a property owner opts to construct an IADU, one of the ADUs onsite must be for rent and deed-restricted. Previously, any ADU could be the deed-restricted rental ADU. The proposed amendment limits this Meeting Date: August 4, 2026

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rental, deed-restriction requirement to IADUs, as this type of deed restriction may only apply to ADUs that are created in excess of state requirements. • Additional update to the historic resource protection provision [amended BHMC §10-3-5001.D.16, §10-3-5002.D.16]:

This provision is amended to only reference the state register of historic places per Gov. Code §66314(b)(1) and HCD interpretation of this section. The provision to give the director authority to adopt objective standards in the future to prevent adverse impacts to properties listed on the national, state, or local register remains in place.

The attached draft ordinance includes both changes that the Planning Commission reviewed and the additional changes per HCD guidance after the Planning Commission review, as summarized above. A redline of the code language showing all of the proposed changes is included as Attachment 3. Changes made after the Planning Commission review per HCD guidance are highlighted in yellow in the redline document. An overview of major changes is included as Attachment 4.

HOUSING ELEMENT IMPLEMENTATION
The Housing Element encourages the development of a variety of housing types, including ADUs, and includes policies and programs related to ADU production. ADUs and JADUs may be counted towards the Regional Housing Needs Allocation (RHNA). As part of the Housing Element update process, the City was assigned a RHNA of 3,104 units to be accommodated through zoning regulations (not a requirement to build) during the 2021- 2029 cycle. Within the Housing Plan of the Housing Element, which is a plan designed to meet the community’s housing needs, Policy H 2.4 establishes the following goal:
“promote accessory dwelling units (ADUs) as a means of providing lower-cost options for seniors, caretakers, and others”. Additionally, Implementation Program (Imp.) 10.4 of the Housing Plan includes action items to allow greater flexibility for ADUs if the City does not meet the production goal of an average of 20 ADUs as noted in the Housing Element. The City is currently on track for the production targets with building permits issued for 201 ADUs, JADUs, and ancillary living quarters (ALQs) citywide since the beginning of the current housing cycle in 2021. Staff will continue to monitor ADU and ALQ production to ensure that the City is on track with identified targets. If production is not on par with targets, staff will bring the topic of potential further changes to ADU regulations to the City Council at such time.

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 5.

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.

Meeting Date: August 4, 2026

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TABLE 1. PUBLIC NOTIFICATION TABLE
Notice Type Notice Date
Notice of Public Hearing
• Mailed Notice (500’ radius + block face; via first class mail) Not required • On-site Posted Notice Not required
• Newspaper Notice
Beverly Hills Courier
Beverly Weekly
7/10/2026
7/16/2026
Public Comment
Staff received two written comments for this item during the June 11, 2026 Planning Commission meeting. One of the comments, a letter from the California Housing Defense Fund (CalHDF) and Californians for Homeownership, states that several provisions of the City’s current ADU ordinance are not aligned with the current state ADU law. This letter was issued prior to the publication of the proposed draft ordinance. Staff believes that the proposed draft ordinance meets state law requirements. Both comments are included as Attachment 6.

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 §15282(h) and per §21080.17 of the California Public Resources Code. These sections specify that the adoption of an ordinance regarding accessory dwelling units to implement the provisions of Government Code §65852.1 and §65852.2 is exempt from CEQA requirements.

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) REVIEW Under state law, the City must submit the ADU ordinance to HCD for compliance review within 60 days of the date of adoption. Should the City Council approve the draft ordinance, staff will forward the ordinance to HCD for review. After reviewing, HCD may notify the City whether the ordinance complies with the new ADU laws. In the event a provision of the ordinance does not comply, the City would have 30 days to either respond as to how the City would amend the ordinance for compliance or adopt additional findings that justify how the ordinance complies with the statute.

FISCAL IMPACT
No fiscal impact is anticipated as a result of approval of the ordinance. Staff will continue to review and process ADU and JADU 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 ACCESSORY DWELLING UNIT REGULATIONS IN

COMPLIANCE WITH STATE LAW REQUIREMENTS IN
GOVERNMENT CODE SECTIONS 66310 THROUGH 66342

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 related to accessory dwelling units;
WHEREAS, On June 11, 2026, the Planning Commission held a duly noticed public hearing at which it adopted Resolution No. 2124 recommending that the City Council amend portions of Title 10 (Planning and Zoning) of the BHMC to add or clarify language to ensure a streamlined application of code provisions, and to align code language with current practices and state law requirementsfor accessory dwelling unit development (collectively, the “Amendments”); and
WHEREAS, The City Council, at a regular meeting, considered the ordinance on August 4, 2026, at a duly noticed public hearing, as prescribed by law, at which time City staff and interested parties had an opportunity to and did testify either in support or against this matter. -2-
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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 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)
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 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 use in the community.

Policy LU 3.2 (Fair Share of Regional Housing Needs) urges the City 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. Updating the City’s zoning code regulations for accessory dwelling units to align with state law will help facilitate the -3-
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permitting process and meet the production target for this type of housing in City’s Regional Housing Needs Allocation (RHNA).

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 with state law and to align the code with current City practice ensures that the code is accurate and enhances the ability of the public to understand regulations that govern development projects.

Housing Element (HE)
Policy H 2.4 (Accessory Dwelling Units) Accessory Dwelling Units establishes a goal to promote accessory dwelling units (ADUs) as a means of providing lower-cost options for seniors, caretakers, and others.

Implementation Programs (Imp.)
Imp. 2.1 (Update Zoning Code and Development Regulations) prompts the review and revision of the zoning code to reflect the general plan’s policies for permitted uses and development standards.

Section 2. 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 to read as follows:
“10-3-5000: BUILDING PERMIT ONLY ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS:
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A. Purpose: The purpose of this Section is to implement California Government Code Section 66323 regulating accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) that must be approved through a building permit. To the extent any provision of this section conflicts with state law, state law shall prevail.

B. Building Permit Only Standards: Notwithstanding the use regulations of this chapter, ADUs and JADUs that meet the standards of California Government Code Section 66323, as that section may be amended from time to time, shall be allowed to be constructed with a building permit only and shall not be subject to any of the locally adopted development standards identified in this Article. The building permit application shall be reviewed for completeness and processed in accordance with state law. The appeal of any incompleteness determination or application denial shall be considered and heard by the planning commission within the timeframes identified by state law. The decision of the planning commission shall be final.

C. Prohibition on Short Term Rentals: The rental of an ADU and/or JADU created pursuant to this Section shall be for a term longer than 30 days and be subject to the city’s short-term rental regulations applicable to the underlying zone.

D. JADUs and Owner Occupancy: If the JADU has shared sanitation facilities with the single-family residence, owner-occupancy shall be required. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owneroccupancy shall not be required if the JADU has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization. -5-
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E. Covenant Required for JADUs: Within 30 days of the issuance of a building permit for a JADU, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice that the JADU may not be sold, transferred or assigned separately from the primary dwelling unit, and that the JADU shall maintain square footage and other attributes as approved per Government Code Section 66333, as may be amended from time to time. Such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.

F. Fire Sprinklers: The installation of fire sprinklers shall not be required in an ADU or JADU if sprinklers are not required for the primary residence. The construction of an ADU or JADU shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.

G. Nonconforming Zoning Conditions: The correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of a permit application for the creation of an ADU or JADU pursuant to this Section.

H. ADUs and JADUs shall not be considered to exceed the allowable density for the lot.

I. ADUs approved pursuant to this Section shall be subject to fees and utility connection requirements as prescribed by Government Code Section 66311.5, as amended from time to time.
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10-3-5001: LOCAL STANDARDS FOR ACCESSORY DWELLING UNITS ON LOTS WITH SINGLE-FAMILY DWELLINGS:

A. Purpose: The purpose of this Section is to implement California Government Code Sections 66314 through 66322 regulating those accessory dwelling units (ADUs) on lots with single-family dwellings that do not qualify for approval through Section 10-3-5000.

To the extent any provision of this section conflicts with state law, state law shall prevail.

B. Definitions: As used in this Article, words and phrases shall have the meanings set forth in state law, unless otherwise expressly defined in this Article.

D. Local Development Standards for ADUs with Single-Family Residences: An ADU proposed on a lot with a single-family residence pursuant to this Section shall be subject to the following standards, provided that no local standard shall be applied in a manner that would physically preclude the construction of an ADU with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. -7-
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1. Number of Accessory Dwelling Units:
a. In addition to the ADUs and JADUs that may be approved through Section 10-3- 5000, one ADU is allowed on any lot zoned for residential or mixed-use with an existing or proposed single-family dwelling.
b. For lots zoned for single-family residential development with a lot area of 13,000 square feet or greater, one additional ADU, referred to as an "incentive accessory dwelling unit" (IADU), shall be allowed subject to a building permit, provided that the IADU complies with the following requirements:
(1) IADU Type: The IADU may be attached or detached new construction, but shall not be a JADU or conversion ADU.
(2) IADU Size: Maximum floor area shall not exceed 800 square feet. (3) IADU floor area shall not count toward maximum floor area for the site. (4) IADU Height: Maximum height limitations set forth in Government Code §66321(b)(4).
(5) IADU Setbacks: Minimum of 4-foot side and rear setbacks. (6) IADU Rental Requirement: The IADU shall be rented with the initial and each subsequent rental period being at least one year, without the ability to sublet or use for short term rentals.
(7) IADU General Standards: The IADU shall comply with all other applicable development standards and provisions of this article and the municipal code. -8-
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3. Unit Size:
a. Minimum Unit Size: The minimum size of an attached or detached accessory dwelling unit shall be governed by state law.
b. Maximum Unit Size: ADUs developed pursuant to this Section shall comply with the following maximum unit sizes, except that in no instance shall the required maximum unit size be less than 800 square feet.
(1) In the Central Area south of Santa Monica Boulevard, an attached or detached accessory dwelling unit shall not exceed a maximum floor area of 1,200 square feet, or the site's remaining maximum allowable floor area, whichever is less. (2) In the Central Area north of Santa Monica Boulevard and the Hillside Area, an attached or detached accessory dwelling unit shall not exceed a maximum floor area of 1,400 square feet, or the site's remaining maximum allowable floor area ratio, whichever is less.
(3) In Trousdale Estates, an attached or detached accessory dwelling unit shall not exceed a maximum floor area of 850 square feet for a studio or one-bedroom unit and 1,000 square feet for any unit with more than one bedroom, or the site's remaining maximum allowable floor area ratio, whichever is less.
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4. Floor Area Calculations: The floor area of basements shall not be included when calculating floor area under this chapter, including the determination of maximum floor area ratio for the site. However, basement areas shall be counted for purposes of determining maximum floor area for proposed attached and detached ADUs exceeding 800 square feet.

5. Height:
a. Detached Accessory Dwelling Units on Lots: A detached accessory dwelling unit shall not exceed a maximum height of:
(1) 22 feet in Central Area south of Santa Monica Boulevard; (2) 25 feet in Central Area north of Santa Monica Boulevard; (3) In the Hillside Area and Trousdale Estates, the maximum height shall be in accordance with the height limitations set forth in Government Code Section 66321(b)(4), as amended from time to time.
(4) Notwithstanding the foregoing, a detached ADU of up to two-stories, located within the principal building area on an estate lot of at least twenty four thousand (24,000) square feet in the Central Area shall comply with the maximum height limit applicable to the primary dwelling structure on the site, provided that in no instance shall the limit be less than the limits required by 66321.
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b. Attached Accessory Dwelling Units: An attached accessory dwelling unit shall be subject to the same height limitations applicable to the primary dwelling on the site or a maximum height of 25 feet, whichever is lower.

6. Owner Occupancy, Rental, and Transfer:
a. The rental of an ADU or IADU created pursuant to this Section shall be for a term longer than 30 days and be subject to the city’s short-term rental regulations applicable to the underlying zone.
b. An IADU shall not be rented for a rental term of less than one consecutive year.

7. Parking: Parking requirements and exemptions for an ADU shall be governed by state law.

8. Setbacks:
a. In the Central Area, setbacks for ADUs shall be governed by state law, except that no minimum side or rear setback is required for the portion of an ADU that abuts an alley.
b. In the Hillside Area and Trousdale Estates, ADUs shall comply with all side and rear setback requirements applicable to the primary dwelling unit on the site, unless the required setbacks are more than four feet, in which case the setback required shall be no less than four feet from a side or rear property line. Where the rear or side portion of an ADU abuts an alley, no minimum setback is required.
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c. Existing Structure Conversions or Replacement of Existing Structures with New Structures: No additional setback beyond the existing structure setback shall be required if the existing structure is not expanded or if the new structure is constructed within the same footprint of the existing structure and does not exceed the existing structure size and/or height. Conversion or replacement of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, portecocheres, or similar structures shall not be allowed, however, unless such conversion complies with all applicable development standards for a new detached ADU pursuant to section 10-3-5001.

9. Entrances: An ADU shall provide an entrance as governed by state law.

10. Separation: Newly constructed detached ADUs shall be located no closer than 6 feet to any other building on the same site area.

11. Maximum Site Density: Density limitations set forth in this Code shall not preclude the construction of ADU that complies with the provisions of this Section.

12. Covenant Required: Within 30 days of the issuance of building permit for an IADU pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the IADU as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the IADU, that the IADU may not be sold, transferred or assigned separately from the primary dwelling unit, that the IADU shall not be owner occupied, and shall be rented with the initial and each subsequent rental period being at least one year, without the ability to sublet or use for short term rentals, and that -12-
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such restrictions shall run with the land and be binding upon all future owners. The covenant shall also include the City's right to inspect the site and/or the IADU with appropriate notice and required record keeping by the owner of rental agreements, tenant information, and rental periods, which must be made accessible to the City upon request.

The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.

13. Fire Sprinklers: Fire sprinkler requirements for an ADU or JADU shall be governed by state law.

14. Fees and Charges: Calculation of local agency connection fees; capacity charges for utilities, including water and sewer service; impact fees; or park fees for an ADU or JADU shall be governed by state law.

15. Utility Connections: Utility connection requirements shall be governed by state law.

16. Historic Resources:
a. Any ADU that is converted from a structure listed on the California register of historic places shall maintain the character-defining feature(s) identified on the historic assessment report completed for the landmark designation. b. The director of community development is authorized to adopt objective standards to prevent adverse impacts of any property that is listed on the national register, California register of historic places, or the city of Beverly Hills register of historic -13-
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properties, as authorized by Government Code section 66314, as may be amended from time to time.

17. Porches and Decks: No ADU shall have a porch or deck located more than three feet (3') above the finished grade. Rooftop decks shall not be permitted for ADUs.

18. Windows: Windows within 10 feet of and facing a side or rear property line and within the ADU 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.

E. Minor Accommodation: Any proposed ADU that does not conform to the objective standards set forth in this Section 10-3-5001.D may be permitted by the City with the approval of a minor accommodation permit, in accordance with Section 10-3-3600. U. A minor accommodation permit may not be granted for junior accessory dwelling units or incentive accessory dwelling units.

1. Exceptions: Approval of a minor accommodation for a proposed ADU shall not allow:
a. Rooftop decks.
b. Height in excess of the underlying zoning district applicable to the primary building.
c. Floor area in excess of the underlying zoning district. d. Deviation from building or life safety codes.
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2. Reviewing Authority: The Director of Community Development may approve or conditionally approve a minor accommodation for an ADU for a discretionary request unrelated to height increases. However, the Planning Commission shall be the reviewing authority for any increase in height beyond the maximum allowable height limit in this article.

3. Referral to the Planning Commission: If, in the opinion of the Director of Community Development, an application merits review by the Planning Commission, the Director may refer such application to the Planning Commission, and the Planning Commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the requested minor accommodation.

4. Required Findings for Discretionary Approval: The director of community development or Planning Commission may approve or conditionally approve a minor accommodation for an ADU subject to the following findings. a. Compatibility: The requested accommodation will be compatible with the scale and massing of the streetscape and existing development in the neighborhood; b. No Adverse Impact or Detriment: The granting of the accommodation would not have a substantial adverse impact on or be detrimental to neighbors' access to light and air, neighbors' privacy, adjacent properties, the garden quality of the city, or public welfare.
(1) Specific Finding for Height Increases: In making a determination to increase height, the planning commission must look at such factors including, but not limited to, -15-
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the impact of the accessory dwelling unit on the scale and massing as viewed from adjacent properties, the impact of the accessory dwelling unit on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory dwelling unit in combination with existing accessory structures and accessory dwelling units in the vicinity.
10-3-5002: LOCAL STANDARDS FOR ACCESSORY DWELLING UNITS ON LOTS WITH MULTI-FAMILY DWELLINGS:

A. Purpose: The purpose of this Section is to implement California Government Code Sections 66314 through 66322 regulating those accessory dwelling units (ADUs) on lots with multi-family dwellings that do not qualify for approval through Section 10-3-5000.

To the extent any provision of this section conflicts with state law, state law shall prevail.

B. Definitions: As used in this Article, words and phrases shall have the meanings set forth in state law, unless otherwise expressly defined in this Article.

C. Ministerial Approval: The Director, or the Director’s designee, shall ministerially review and approve an ADU application, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this Section and any other applicable law. Applications and application procedures shall be governed by Government Code sections 66317 or 66335 or successor statutes, as may be amended from time to time. D. Local Development Standards for ADUs on Lots with Multi-Family Dwellings: An ADU processed on a lot with a multi-family dwelling pursuant to this Section shall be subject to the following standards, provided that no local standard shall be applied in a manner that would physically preclude the construction of -16-
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an ADU with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

2. Location: Detached ADUs shall be located behind the existing multi-family building on the site. Attached ADUs must be contained entirely within or attached to an existing or newly proposed and constructed multi-family structure.

3. Site Area: There is no minimum site area for ADUs.

4. Unit Size:
a. Attached or Detached Accessory Dwelling Units: The minimum size of an attached or detached ADU shall be governed by state law and an ADU shall not exceed a maximum size of 1,200 square feet.

5. Parking Required: Parking requirements and exemptions for an ADU shall be governed by state law.

6. Demolition of Garages, Carports, Covered Parking Structures or Existing Structures: Demolition of a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU constructed pursuant to the requirements of -17-
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this Section, replacement of the off street parking spaces lost as a result of the demolition and issuance of the building and demolition permits shall be governed by state law.

7. Height:
a. Detached ADUs shall not exceed a height of 24 feet. b. Attached ADUs shall be subject to the same height limitations applicable to the primary dwelling structure on the site.

8. Setbacks.
a. Setbacks for attached ADUs shall be governed by state law. b. Setbacks for detached ADUs shall be governed by state law, except that no minimum side or rear setback is required for the portion of an accessory dwelling unit that abuts an alley.
c. For conversion of existing livable or non-livable space or garage no additional setback is required beyond the existing provided setback. d. For replacement of an existing enclosed structure or garage, no existing setback is required beyond the existing setback provided. This provision shall only apply to ADUs that are replacing existing structures within the same footprint of the existing structure and do not exceed the existing structure size and/or height. Conversion or replacement of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte-cocheres, or similar structures shall not be allowed, -18-
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however, unless such conversion complies with all applicable development standards for a new detached ADU pursuant to section 10-3-5002.
e. Separation: Newly constructed detached ADUs shall be located no closer than 6 feet to any other building on the same site area.

9. Maximum Site Density. Density limitations set forth in this Code shall not preclude the construction of an ADU that complies with the provisions of this Section.

10. Rental: The rental of an ADU created pursuant to this Section shall be for a term longer than 30 days and be subject to the city’s short-term rental regulations applicable to the underlying zone.

11. Fire Sprinklers: Fire sprinkler requirements for an ADU shall be governed by state law.

12. Fees and Charges For Utilities: Calculation of local agency connection fees; capacity charges for utilities, including water and sewer service; impact fees; or park fees shall be governed by state law.

13. Utility Connections: Utility connection requirements shall be governed by state law.

14. Porches and Decks:
a. No ADU shall have a porch or deck located more than three feet (3') above the finished grade.
b. Rooftop decks shall not be permitted for ADUs.
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c. Internal-facing balconies are permitted subject to the following requirements:
(1) An internal-facing balcony is defined as a balcony that is directed toward the interior of the property, such as toward a courtyard or a structure on the same property, and shall not directly face a property line, public right-of-way, or neighboring residential structure.
(2) No portion of an internal-facing balcony shall extend beyond the footprint of the first floor of the ADU.
(3) The total area of all internal-facing balconies associated with the ADU shall not exceed 15 percent of the floor area of the proposed ADU. (4) For purposes of this Section, an internal-facing balcony does not include portions of stairs and landing areas that provide required external access to the ADU, provided they are the minimum size required by the applicable building code.

15. Windows: Windows within 10 feet of and facing a side or rear property line within the ADU shall be at located at least six feet above finished 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.

16. Historic Resources:
a. Any ADU that is converted from a structure listed on the California register of historic places shall maintain the character-defining feature(s) identified on the historic assessment report completed for the landmark designation. -20-
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b. The director of community development is authorized to adopt objective standards to prevent adverse impacts of any property that is listed on the national register, California register of historic places, or the city of Beverly Hills register of historic properties, as authorized by Government Code section 66314, as may be amended from time to time.

E. R-4 Permit: In order to allow flexibility in the development of ADUs in areas zoned R-4, while ensuring such units do not adversely impact neighbors or the community, an applicant for any proposed ADU may seek approval to deviate from the objective standards set forth in Section 10-3-5001.E by applying for an R-4 permit pursuant to article 28.5 of this chapter, in accordance with Section 10-3-2850.J.

1. Exceptions: Approval of an R-4 Permit for a proposed ADU shall not allow:
a. Rooftop decks.
b. Height in excess of the underlying zoning district applicable to the primary building area.
c. Any deviation from building or life safety codes.

2. Reviewing Authority: The Director of Community Development has the authority to approve or conditionally approve an R-4 Permit to allow an ADU to deviate from the applicable objective standards. Decisions of the Director are appealable to the Planning Commission.
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3. Referral to the Planning Commission: If, in the opinion of the Director of Community Development, an R-4 application warrants review by the Planning Commission, the Director may refer such application to the Planning Commission, and the Planning Commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the requested R-4 Permit. Decisions of the Planning Commission are appealable to the City Council.

4. Required Findings for Discretionary Approval: The Director of Community Development or Planning Commission shall approve or conditionally approve an R-4 Permit for an ADU that deviates from the otherwise applicable objective standards if it makes the following findings.
a. Compatibility: The proposed ADU will be compatible with the scale and massing of the streetscape and existing development in the neighborhood; and b. No Adverse Impact or Detriment: The proposed ADU would not have a substantial adverse impact on or be detrimental to neighbors' access to light and air, neighbors' privacy, adjacent properties, the garden quality of the city, or public welfare.” Section 3. 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. -22-
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Section 4. CEQA Determination. 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 15282(h) of the CEQA Guidelines and also exempt per Section 21080.17 of the California Public Resources Code. These sections specify that the adoption of an ordinance regarding accessory dwelling units to implement the provisions of Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of, the Government Code is exempt from CEQA requirements.
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Section 5. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. 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 RYAN GOHLICH
City Attorney City Manager
Attachment 2
Planning Commission Resolution
No. 2124
1 RESOLUTION NO. 2124

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING ADOPTION OF

AN ORDINANCE TO AMEND ACCESSORY DWELLING

UNIT REGULATIONS IN COMPLIANCE WITH STATE LAW
REQUIREMENTS IN GOVERNMENT CODE SECTIONS 66310
THROUGH 66342 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 in the Draft Ordinance that is attached hereto as Exhibit A (the “Amendments”); and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on June 11, 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.

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 Docusign Envelope ID: 14D70843-EAB5-81C4-8104-0DB681C1B46C 2 pursuant to Section 15282(h) of the CEQA Guidelines and also exempt per Section 21080.17 of the California Public Resources Code. These sections specify that the adoption of an ordinance regarding accessory dwelling units to implement the provisions of Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of, the Government Code is exempt from CEQA requirements.

Section 2. The Amendments are consistent with the objectives, principles, and standards of the General Plan.

General Plan 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 state law 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 use in the community.

General Plan Policy LU 3.2 – Fair Share of Regional Housing Needs urges the City 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. Updating the City’s zoning code regulations for accessory dwelling units to align with state law will help facilitate the permitting process and meet the production target for this type of housing in City’s Regional Housing Needs Allocation (RHNA).

Docusign Envelope ID: 14D70843-EAB5-81C4-8104-0DB681C1B46C 3 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 wellinformed. Amending the code to address inconsistencies with state law, improve usability, and streamline the approval process ensures that the code is legible and accurate, which enhances the ability of the public to understand regulations that govern development projects.

General Plan Policy H 2.4 – Accessory Dwelling Units establishes a goal to promote accessory dwelling units (ADUs) as a means of providing lower-cost options for seniors, caretakers, and others.

General Plan Implementation Program 2.1 – Update Zoning Code and Development Regulations prompts the City to review and revise the zoning code to reflect the general plan’s policies for permitted uses and development standards.

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 A, which is attached hereto and incorporated herein by reference. //
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Docusign Envelope ID: 14D70843-EAB5-81C4-8104-0DB681C1B46C 4 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: June 11, 2026

Jeff Wolfe
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: 14D70843-EAB5-81C4-8104-0DB681C1B46C

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. 2124 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on June 11, 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, Chair Wolfe
NOES: None
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
Docusign Envelope ID: 14D70843-EAB5-81C4-8104-0DB681C1B46C Certificate Of Completion
Envelope Id: 14D70843-EAB5-81C4-8104-0DB681C1B46C Status: Completed Subject: Complete with Docusign: PC Reso 2124 - ADU Ordinance Amendments.pdf Source Envelope:

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Certificate Pages: 2 Initials: 0 Karen Myron
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.181
Record Tracking
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7/10/2026 8:54:36 AM
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[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Jeff Wolfe
[email protected]
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[email protected]

COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
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Payment Events Status Timestamps
Attachment 3
Redline of Existing Code Sections
City Council Report
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August 4, 2026

Page 1 of 19 ends

REDLINE OF CODE CHANGES
Legend:

Red strikethrough: Deleted text
Red bold: New text
Yellow highlight: Changes per HCD review after Planning Commission TITLE 10, CHAPTER 3
ARTICLE 50. ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS
10-3-5000: BUILDING PERMIT ONLY ACCESSORY DWELLING UNITS AND 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. Purpose: The purpose of this Section is to implement California Government Code Section 66323 regulating accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) that must be approved through a building permit. To the extent any provision of this section conflicts with state law, state law shall prevail.

C. Prohibition on Short Term Rentals: The rental of an ADU and/or JADU created pursuant to this Section shall be for a term longer than 30 days and subject to the city’s short-term rental regulations applicable to the underlying zone.

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E. Covenant Required for JADUs: Within 30 days of the issuance of a building permit for a JADU, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice that the JADU may not be sold, transferred or assigned separately from the primary dwelling unit, and that the JADU shall maintain square footage and other attributes as approved per Government Code Section 66333, as may be amended from time to time. Such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.

H. ADUs and JADUs shall not be considered to exceed the allowable density for the lot.

I. ADUs approved pursuant to this Section shall be subject to fees and utility connection requirements as prescribed by Government Code Section 66311.5, as amended from time to time.
10-3-5001: LOCAL STANDARDS FOR ACCESSORY DWELLING UNITS ON LOTS WITH SINGLE-FAMILY DWELLINGS:

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B. Definitions: As used in this Article, words and phrases shall have the meanings set forth in state law, unless otherwise expressly defined in this Article.

D. Local Development Standards for ADUs on Lots with Single-Family Residences: An ADU proposed on a lot with a single-family residence pursuant to this Section shall be subject to the following standards, provided that no local standard shall be applied in a manner that would physically preclude the construction of an ADU with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

1.   Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Permitted:
a. In addition to the ADUs and JADUs that may be approved through Section 10-3-5000, one ADU is allowed One accessory dwelling unit and one junior accessory dwelling unit are allowed on any lot zoned for residential or mixed-use with an existing or proposed single-family dwelling.
ab.   For lots zoned for single-family residential development with a lot area of 13,000 square feet or greater, one additional ADU, referred to as an "incentive accessory dwelling unit" (IADU), shall be allowed subject to a building permit, provided that the IADU complies with the following requirements:
(1)   IADU Type: The IADU may be attached or detached new construction, but shall not be a JADU or conversion ADU.
(2)   IADU Size: Maximum floor area shall not exceed 800 square feet. (3)   IADU floor area shall not count toward maximum floor area for the site. (4)   IADU Height: Maximum height limitations set forth in Government Code §66321(b)(4).
(5)   IADU Setbacks: Minimum of 4-foot side and rear setbacks.

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(6)   IADU Rental Requirement: The IADU shall be rented with the initial and each subsequent rental period being at least one year, without the ability to sublet or use for short term rentals.
(7)   IADU General Standards: The IADU shall comply with all other applicable development standards and provisions of this article and the municipal code.

2.   Location: Detached accessory dwelling units must be located to the rear of the primary dwelling unit on the site. Attached accessory dwelling units must be contained entirely within or attached to an existing or newly proposed and constructed singlefamily structure. Junior accessory dwelling units must be located in a single-family zone, contained entirely within an existing or proposed and constructed single-family structure, including enclosed structures such as attached garages. JADUs are prohibited in detached garages and accessory structures.

3.   Site Area: There is no minimum site area for accessory dwelling units or junior accessory dwelling units.

4.   Unit Size:
a.   Attached or Detached Accessory Dwelling UnitsMinimum Unit Size: The minimum size of Aan attached or detached accessory dwelling unit shall not be less than the minimum size for an efficiency unit, as defined in section 17958.1 of the California Health and Safety Code or any successor statute shall be governed by state law.
b. Maximum Unit Size: ADUs developed pursuant to this Section shall comply with the following maximum unit sizes, except that in no instance shall the required maximum unit size be less than 800 square feet. (1)   In the Central Area south of Santa Monica Boulevard, an attached or detached accessory dwelling unit shall not exceed a maximum floor area of 1,200 square feet, or the site's remaining maximum allowable floor area, whichever is less. (2)   In the Central Area north of Santa Monica Boulevard and the Hillside Area, an attached or detached accessory dwelling unit shall not exceed a maximum floor area of 1,400 square feet, or the site's remaining maximum allowable floor area ratio, whichever is less.
(3)   In Trousdale Estates, an attached or detached accessory dwelling unit shall not exceed a maximum floor area of 850 square feet for a studio or one-bedroom unit and 1,000 square feet for any unit with more than one bedroom, or the site's remaining maximum allowable floor area ratio, whichever is less.

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b.   Application of development standards, such as floor area ratio, may further limit the size of the accessory dwelling unit, but in no case shall the front setback, floor area ratio, open space, or site coverage requirement reduce an accessory dwelling unit to less than 800 square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit. c.   Accessory Dwelling Units Converted from Existing or Proposed Space: If an accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, the accessory dwelling unit shall not exceed the size of the existing space to be converted. If required for ingress and egress, conversion of an accessory structure may add up to 150 square feet beyond the physical dimensions of the existing structure.

Conversion of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures shall not be allowed, however, shall comply with all applicable development standards for a new detached accessory dwelling units pursuant to section 10-3-5000 of this article.
d.   Junior Accessory Dwelling Unit: A junior accessory dwelling units shall not exceed 500 square feet.

54.   Floor Area Ratio Calculations: For accessory dwelling units and junior accessory dwelling units, tThe floor area of basements shall not be included when calculating floor area under this chapter, including the determination of maximum floor area ratio for the site. However, basement areas shall be counted for purposes of determining maximum floor area for proposed attached and detached accessory dwelling unitsADUs exceeding 800 square feet.

65.   Height:
a.   Detached Accessory Dwelling Units on Lots: A detached accessory dwelling unit shall not exceed a maximum height of:
(1)   22 feet in Central Area south of Santa Monica Boulevard; (2)   25 feet in Central Area north of Santa Monica Boulevard; (3)   In the Hillside Area and Trousdale Estates, the maximum height shall be in accordance with the height limitations set forth in Government Code §Section 66321(b)(4), as amended from time to time.
(4)   Notwithstanding the foregoing, a detached accessory dwelling unitADU of up to two-stories, located within the principal building area on an estate lot of at least twenty four thousand (24,000) square feet in the Central Area shall comply with the City Council Report
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maximum height limit applicable to the primary dwelling structure on the site, provided that in no instance shall the limit be less than the limits required by 66321. b.   Attached Accessory Dwelling Units and Junior Accessory Dwelling Units: An attached accessory dwelling unit or junior accessory dwelling unit shall be subject to the same height limitations applicable to the primary dwelling on the site or a maximum height of 25 feet, whichever is lower.

76.   Owner Occupancy, Rental, and Transfer:
a. An accessory dwelling unit or junior accessory dwelling unit may be rented, but shall not be sold, transferred or assigned separately from the primary single-family dwelling, except as provided in Government Code § 66341. The rental of an ADU or IADU created pursuant to this Section shall be for a term longer than 30 days and be subject to the city’s short-term rental regulations applicable to the underlying zone.
b.   An accessory dwelling unit or junior accessory dwelling unit shall not be rented for a rental term of less than 30 consecutive days. An incentive accessory dwelling unitIADU shall not be rented for a rental term of less than one consecutive year. c. The owner of a property with a junior accessory dwelling unit shall reside in one of the dwelling units on the property. This owner-occupancy requirement shall not apply to a junior accessory dwelling unit owned by a governmental agency, land trust, or housing organization.

87.   Parking: Parking requirements and exemptions for an ADU shall be governed by state law.
a. One parking space shall be required for each accessory dwelling unit on a site. However, no parking shall be required for any accessory dwelling unit in any of the following circumstances:
(1) It is located within one-half (½) mile walking distance of public transit. (2) It is located within a historic district or on a property listed in a Register of Historic Resources (local, state, or national).
(3) It is part of the proposed primary dwelling or converted from the existing space of a primary dwelling or existing accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

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(5) When there is a City-approved and dedicated parking space for a car share vehicle located within one block of the accessory dwelling unit. b. Any required parking for an accessory dwelling unit may be provided as tandem parking on an existing driveway, including driveway areas within setback areas. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit constructed pursuant to the requirements of this section, the off-street parking spaces lost as a result of the demolition are not required to be replaced. For an accessory dwelling unit that will replace a detached garage, the building and demolition permits shall be reviewed and issued concurrently.
d. No parking is required for a junior accessory dwelling unit.

98.   Setbacks:
a.   In the Central Area, accessory dwelling unitssetbacks for ADUs shall have side and rear setbacks of no less than four feet be governed by state law, except that no minimum side or rear setback is required for the portion of an accessory dwelling unit ADU that abuts an alley.
b.   In the Hillside Area and Trousdale Estates, accessory dwelling unitADUs shall comply with all side and rear setback requirements applicable to the primary dwelling unit on the site, unless the required setbacks are more than four feet, in which case the maximum setback required shall be no less than four feet from a side or rear property line. Where the rear or side portion of an accessory dwelling unitADU abuts an alley, no minimum setback is required.
c.   Existing Structure Conversions or Replacement of Existing Structures with New Structures: No additional setback beyond the existing structure setback shall be required if the existing structure is not expanded or if the new structure is constructed within the same footprint of the existing structure and does not exceed the existing structure size and/or height. Conversion or replacement of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte- cocheres, or similar structures shall not be allowed, however, shallunless such conversion complyies with all applicable development standards for a new detached accessory dwelling unitADU pursuant to section 10-3-50010. 109.   Entrances: An entrance separate from the main entrance to the primary dwelling shall be provided for accessory dwelling units and junior accessory dwelling units. A junior accessory dwelling unit that does not include a bathroom separate from the primary dwelling shall additionally include an interior entry to the main living area of City Council Report
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the primary dwelling.An accessory dwelling unit or a junior accessory dwelling unit ADU shall provide an entrance as governed by state law. 101.   Separation: Newly constructed detached ADUs shall be located no closer than 6 feet to any other building on the same site area, unless such separation would preclude the construction of an 800 square foot ADU pursuant to subsection A.4.c. of this section.
112.   Required Features: Accessory dwelling units must provide complete, independent living facilities for sleeping, sanitation, and cooking. Junior Accessory dwelling units may have separate sanitation facilities, or may share sanitation facilities with the existing structure. A junior accessory dwelling unit must include, at minimum, an efficiency kitchen containing (1) a cooking facility with kitchen appliances and (2) a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

13.   Maximum Site Density: Density limitations set forth in this municipal cCode shall not preclude the construction of accessory dwelling units ADU that compliesy with the provisions of this code sSection.
1412.   Covenant Required:
a.   Accessory Dwelling Units: Within 30 days of the issuance of building permit for an accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit except as provided in Government Code § 66341, that the accessory dwelling unit shall not be rented for a rental period shorter than 30 days, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk. b.   Junior Accessory Dwelling Units: Within 30 days of the issuance of building permit for a junior accessory dwelling unit, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the junior accessory dwelling unit as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the junior accessory dwelling unit, that the junior accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, that the junior accessory dwelling unit shall not be rented for a rental period shorter than 30 days, that the owner of the property must reside either in the primary dwelling or the junior accessory dwelling unit unless the owner is a governmental agency, land trust, or City Council Report
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housing organization, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.
c.   Incentive Accessory Dwelling Units: Within 30 days of the issuance of building permit for an incentive accessory dwelling unit IADU pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the incentive accessory dwelling unit IADU as set forth in the approved plans, the required amount of off street parking, if any, to be provided for the accessory dwelling unit IADU, that the incentive accessory dwelling unit IADU may not be sold, transferred or assigned separately from the primary dwelling unit, that one accessory dwelling unit the IADU on-site shall not be owner occupied, and shall be rented with the initial and each subsequent rental period being at least one year, without the ability to sublet or use for short term rentals, and that such restrictions shall run with the land and be binding upon all future owners. The deedrestricted rental accessory dwelling unit need not be the incentive accessory dwelling unit. The covenant shall also include the City's right to inspect the site and/or accessory dwelling unitthe IADU(s) with appropriate notice and required record keeping by the owner of rental agreements, tenant information, and rental periods, which must be made accessible to the City upon request. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.
1513.   Fire Sprinklers: Fire sprinkler requirements for aAn accessory dwelling unit ADU or junior accessory dwelling unit JADU shall not be required to provide fire sprinklers if they are not required for the primary dwelling, nor shall the construction of an accessory dwelling unit or junior accessory dwelling unit require fire sprinklers to be installed in the existing primary dwelling be governed by state law. 1614.   Fees and Charges: Any accessory dwelling unit or junior accessory dwelling unit shall not be considered new residential uses for purposes of calculating Calculation of local agency connection fees; or capacity charges for utilities, including water and sewer service;, unless the accessory dwelling unit is constructed with a new single-family dwelling or the unit is constructed as a newly constructed detached unit.

Further, no impact fees; or park fees for an ADU or JADU shall be levied upon accessory dwelling units that are less than 750 square feet in floor area or junior accessory dwelling units. Impact fees charged on accessory dwelling units of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit governed by state law.
1715.   Utility Connections: Utility connection requirements shall be governed by state law.

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a.   The applicant for any accessory dwelling unit or junior accessory dwelling unit approved pursuant to subsection A. 19. of this section, shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home. b.   The applicant for any accessory dwelling unit or junior accessory dwelling unit that is not described in subsection A. 19. of this section, may be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. 1816.    Historic Resources:
a. Any accessory dwelling unit ADU that has the potential to adversely impact is converted from a structure historical resource listed on the national register, California register of historic places, or the city of Beverly Hills register of historic properties, shall comply with and shall be designed and constructed in accordance with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time. maintain the character-defining features identified on the historic assessment report completed for the landmark designation.
b. The director of community development is authorized to adopt objective standards to prevent adverse impacts of any property that is listed on the national register, California register of historic places, or the city of Beverly Hills register of historic properties, as authorized by Government Code section 66314, as may be amended from time to time.
1917.   Conversion Of Existing or Proposed Space Of A Dwelling Or Existing Accessory Structure: Conversion of existing space or proposed wholly within a singlefamily dwelling or within an existing accessory structure into an accessory dwelling unit shall be permitted by right, provided that the proposed accessory dwelling unit has independent exterior access from the dwelling, and the side and rear setbacks are sufficient for fire safety.

20.   Porches and Decks: No accessory dwelling unit ADU shall have a porch or deck located more than three feet (3') above the finished grade. Rooftop decks shall not be permitted for accessory dwelling unitsADUs.

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2118.    Windows: Windows within 10 feet of and facing a side or rear property line and within the accessory dwelling unit ADU 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.

B E.   Minor Accommodation: Any proposed ADU that does not conform to the below objective standards set forth in this Section 10-3-50001.D may be permitted by the City with the approval of a minor accommodation permit, in accordance with Section 10-3- 3600. U. A minor accommodation permit may not be granted for junior accessory dwelling units or incentive accessory dwelling units.

1.   Exceptions: Approval of a minor accommodation for a proposed ADU shall not allow:
a.   Rooftop decks.
b.   Height in excess of the underlying zoning district applicable to the primary building.
c.   Floor area in excess of the underlying zoning district. d.   Deviation from building or life safety codes.

2.   Reviewing Authority: The Director of Community Development may approve or conditionally approve a minor accommodation for an ADU for a discretionary request unrelated to height increases. However, the Planning Commission shall be the reviewing authority for any increase in height beyond the maximum allowable height limit in this article.

3.   Referral to the Planning Commission: If, in the opinion of the Director of Community Development, an application merits review by the Planning Commission, the Director may refer such application to the Planning Commission, and the Planning Commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the requested minor accommodation.

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b.   No Adverse Impact or Detriment: The granting of the accommodation would not have a substantial adverse impact on or be detrimental to neighbors' access to light and air, neighbors' privacy, adjacent properties, the garden quality of the city, or public welfare.
(1)   Specific Finding for Height Increases: In making a determination to increase height, the planning commission must look at such factors including, but not limited to, the impact of the accessory dwelling unit on the scale and massing as viewed from adjacent properties, the impact of the accessory dwelling unit on available light in neighboring yards, and the cumulative impact to adjacent properties from the proposed accessory dwelling unit in combination with existing accessory structures and accessory dwelling units in the vicinity.
10-3-50012: ACCESSORY DWELLING UNITS ON LOTS WITH MULTIPLE FAMILY DWELLINGS:

A.   Building Permit Only Standards: Notwithstanding the use regulations of this chapter, accessory dwelling units shall be permitted on property in any lot zoned residential or mixed-use zone with an existing multi-family dwelling, or in conjunction with an application for a proposed and constructed multi-family dwelling, provided the proposed accessory dwelling unit meets the following standards and requirements.

Accessory dwelling units that meet the standards in this section are permitted to be constructed with a building permit only.

B. Definitions: As used in this Article, words and phrases shall have the meanings set forth in state law, unless otherwise expressly defined in this Article.

D. Local Development Standards for ADUs on Lots with Multi-Family Dwellings:

An ADU processed on a lot with a multi-family dwelling pursuant to this Section shall be subject to the following standards, provided that no local standard shall be applied in a manner that would physically preclude the construction of an ADU City Council Report
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with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

1.   Number of Accessory Dwelling Units Allowed: In addition to the ADUs that may be approved through Section 10-3-5000, one ADU is allowed on any lot zoned for residential or mixed-use with an existing or proposed multi-family dwelling. a.   Detached Accessory Dwelling Units: No more than two detached accessory dwelling units are allowed on a lot that has an existing or proposed multi-family dwelling.

The detached accessory dwelling units may be newly constructed or converted from existing detached accessory structures. The two detached accessory dwelling units may be attached to one another; and
b.   Conversion of Existing Non-Livable Multi-family Building Space to Accessory Dwelling Units: Portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages may be converted to accessory dwelling units. Areas used for commercial or other activities that are intended for regular occupancy such as leasing offices, community rooms, or amenity spaces are not eligible for conversion. At least one conversion unit from non-livable space is allowed to be created on each site and the maximum number of units allowed shall not exceed 25 percent of the existing units on the site. For the purposes of calculating the number of allowable ADUs converted from non-livable space, the following shall apply:
(1)   Previously approved ADUs shall not count towards the number of existing multi-family dwellings; and
(2)   Fractions shall be rounded down to the next lower number of dwelling units, except that at least one ADU shall be allowed.
c.   As an alternative to subsections 1a and 1b, one attached or livable area conversion accessory dwelling unit is allowed on a lot that has an existing or proposed multi-family dwelling.

2.   Location: Detached accessory dwelling units ADUs shall be located behind the existing multi-family building on the site. Attached accessory dwelling units ADUs must be contained entirely within or attached to an existing or newly proposed and constructed multi-family structure.

3.   Site Area: There is no minimum site area for accessory dwelling units or junior accessory dwelling unitsADUs.

4.   Unit Size:

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a.   Attached or Detached Accessory Dwelling Units: The minimum size of Aan attached or detached accessory dwelling unit ADU shall be governed by state law not be less than the minimum size for an efficiency unit, as defined in section 17958.1 of the California Health and Safety Code or any successor statute and an ADU shall not exceed a maximum size of 1,200 square feet.
b.   Application of development standards, such as floor area ratio, may further limit the size of the accessory dwelling unit, but in no case shall the front setback, floor area ratio, open space, or site coverage requirement reduce an accessory dwelling unit to less than 800 square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit. c. Accessory Dwelling Units Converted from Existing or Proposed Livable Space:

If an accessory dwelling unit is within the proposed space of a multi-family dwelling or existing space of a multi-family dwelling or accessory structure, the accessory dwelling unit shall not exceed the size of the existing space to be converted. If required for ingress and egress, conversion of an existing accessory structure may add up to 150 square feet beyond the physical dimensions of the existing structure. Conversion or replacement of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures shall not be allowed, however, shall unless such conversion complyies with all applicable development standards for a new detached accessory dwelling units pursuant to section 10-3-5001 of this article.

5.   Parking Required: Parking requirements and exemptions for an ADU shall be governed by state law.
a.   Each accessory dwelling unit shall require the provision of one parking space.

However, no parking shall be required for any accessory dwelling unit in any of the following circumstances:
(1)   It is located within one-half (½) mile walking distance to public transit. (2)   It is located within a historic district or on a property listed in a Register of Historic Resources (local, state, or national).
(3)   It is part of the proposed primary dwelling or converted from the existing space of a primary dwelling or existing accessory structure.
(4)   When on street parking permits are required but not offered to the occupant of the accessory dwelling unit.

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6.   Demolition of Garages, Carports, Covered Parking Structures or Existing Structures: When Demolition of a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unitADU constructed pursuant to the requirements of this Ssection, replacement of the off street parking spaces lost as a result of the demolition are not required to be replaced. For an accessory dwelling unit that will replace a detached garage, and issuance of the building and demolition permits shall be reviewed and issued concurrently governed by state law.

7.   Building Standards: All accessory dwelling units must meet all building code standards for dwelling units, including those that are converted from existing non-livable spaces within multi-family buildings.

8.    Height:
a.   Detached accessory dwelling unitsADUs shall not exceed a height of 24 feet. b.   Attached accessory dwelling units ADUs shall be subject to the same height limitations applicable to the primary dwelling structure on the site.

98.   Setbacks.
a.   Setbacks for Aattached accessory dwelling units ADUs shall have side and rear setbacks of no less than four feet be governed by state law. b.   Setbacks for Ddetached accessory dwelling units ADUs shall have side and rear setbacks of no less than four feet be governed by state law, except that no minimum side or rear setback is required for the portion of an accessory dwelling unit that abuts an alley.
c.   For conversion of existing livable or non-livable space or garage no additional setback is required, beyond the existing provided setback. d.   For replacement of an existing enclosed structure or garage, no existing setback is required, beyond the existing setback provided. This provision shall only apply to ADUs that are replacing existing structures within the same footprint of the existing structure and do not exceed the existing structure size and/or height. However, replacement of the following accessory structures shall follow all applicable City Council Report
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development standards for detached accessory dwelling units per section 10-3-5001:
unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures. Conversion or replacement of unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte-cocheres, or similar structures shall not be allowed, however, unless such conversion complies with all applicable development standards for a new detached ADU pursuant to section 10-3-5002.
e.   Separation: Newly constructed detached ADUs shall be located no closer than 6 feet to any other building on the same site area, unless such separation would preclude the construction of an 800 square foot ADU pursuant to subsection A.4.b. of this section.
109.   Maximum Site Density. Density limitations set forth in this municipal cCode shall not preclude the construction of accessory dwelling units an ADU that compliesy with the provisions of this code sectionSection.

11.   Outdoor Living Space. Outdoor living space shall not be required for the construction of accessory dwelling units in multi-family or mixed-use residential zones.

12.   Covenant Required: The owner of record shall record a deed restriction in a form satisfactory to the city attorney within thirty (30) days following the issuance of a building permit for the accessory dwelling unit. Within thirty (30) days of the issuance of building permit for an accessory dwelling unit pursuant to this article, the owner of record shall record a covenant, in a form satisfactory to the city attorney, which shall place future buyers on notice of the maximum size of the accessory dwelling unit is as set forth in this subsection A, the required amount of off street parking to be provided for the accessory dwelling unit, that the accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, and that such restrictions shall run with the land and be binding upon all future owners. The covenant shall be recorded in the official records of the county of Los Angeles, and a copy of the covenant shall be filed with the office of the city clerk.

13.11. Fire Sprinklers: Fire sprinkler requirements for aAn accessory dwelling unit ADU shall not be required to provide fire sprinklers if they are not required for the primary dwelling, nor shall the construction of an accessory dwelling unit require fire sprinklers to be installed in the existing multi-family dwelling be governed by state law.

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1412.   Fees and Charges For Utilities: Accessory dwelling units shall not be considered new residential uses for purposes of calculating Calculation of local agency connection fees; or capacity charges for utilities, including water and sewer service,; unless the accessory dwelling unit is constructed with a new single-family dwelling.

Further, no impact fees; or park fees shall be levied upon accessory dwelling units that are less than 750 square feet in floor area. Impact fees charged on accessory dwelling units of 750 square feet or more shall be charged proportionately in relation to the average square footage of the residential units within the multi-family dwelling governed by state law.
1513.   Utility Connections: Utility connection requirements shall be governed by state law.
a.   The applicant for any accessory dwelling unit or junior accessory dwelling unit approved pursuant to subsection A. 16. of this section, shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new multi-family home. b.   The applicant for any accessory dwelling unit that is not described in subsection A. 16. of this section, may be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, and consistent with Government Code section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system.

16.   Conversion Of Existing or Proposed Space Of A Dwelling or Existing Accessory Structure: Conversion of existing livable space or proposed wholly within a multi-family dwelling or within an existing accessory structure into an accessory dwelling unit shall be permitted by right, provided that the proposed accessory dwelling unit has independent exterior access from the dwelling, and the side and rear setbacks are sufficient for fire safety.
1714.   Porches and Decks:
a.   No accessory dwelling unitADU shall have a porch or deck located more than three feet (3') above the finished grade.
b.    Rooftop decks shall not be permitted for accessory dwelling unitsADUs. c.   Internal-facing balconies are permitted subject to the following requirements:

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(1)   An internal-facing balcony is defined as a balcony that is directed toward the interior of the property, such as toward a courtyard or a structure on the same property, and shall not directly face a property line, public right-of-way, or neighboring residential structure.
(2)   No portion of an internal-facing balcony shall extend beyond the footprint of the first floor of the ADU.
(3)   The total area of all internal-facing balconies associated with the ADU shall not exceed 15 percent of the floor area of the proposed ADU. (4)   For purposes of this sectionSection, an internal-facing balcony does not include portions of stairs and landing areas that provide required external access to the ADU, provided they are the minimum size required by the applicable building code. 1815.   Windows: Windows within 10 feet of and facing a side or rear property line and the closest side property line within the ADU 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. 1916.   Historic Resources:
a. Any accessory dwelling unitADU that has the potential to adversely impact a historical resource is converted from a structure listed on the national register, California register of historic places, or the city of Beverly Hills register of historic properties, shall comply with and shall be designed and constructed in accordance with the "Secretary Of The Interior's Standards For The Treatment Of Historic Properties With Guidelines For Preserving, Rehabilitating, Restoring, And Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time. maintain the character-defining feature(s) identified on the historic assessment report completed for the landmark designation.
b. The director of community development is authorized to adopt objective standards to prevent adverse impacts of any property that is listed on the national register, California register of historic places, or the city of Beverly Hills register of historic properties, as authorized by Government Code section 66314, as may be amended from time to time.

BE.   R-4 Permit: In order to allow flexibility in the development of ADUs in areas zoned R-4, while ensuring such units do not adversely impact neighbors or the community, an applicant for any proposed ADU may seek approval to deviate from the objective standards set forth in this Section 10-3-5001.E by applying for an R-4 permit pursuant to article 28.5 of this chapter, in accordance with Section 10-3-2850.J.

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1.   Exceptions: Approval of an R-4 Permit for a proposed ADU shall not allow:
a.   Rooftop decks.
b.   Height in excess of the underlying zoning district applicable to the primary building area.
c.   Any deviation from building or life safety codes.

2.   Reviewing Authority: The Director of Community Development has the authority to approve or conditionally approve an R-4 Permit to allow an ADU to deviate from the applicable objective standards. Decisions of the Director are appealable to the Planning Commission.

3.   Referral to the Planning Commission: If, in the opinion of the Director of Community Development, an R-4 application warrants review by the Planning Commission, the Director may refer such application to the Planning Commission, and the Planning Commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the requested R-4 Permit. Decisions of the Planning Commission are appealable to the City Council.

Attachment 4
Overview of Proposed Changes
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TABLE 1. OVERVIEW OF PROPOSED CHANGES
Topic Current Regulation Proposed Regulation Amended BHMC Section(s) Reorganization
of Article 50
• §10-3-5000: Regulations for
accessory dwelling units (ADUs),
junior accessory dwelling units
(JADUs), and incentive accessory
dwelling units (IADUs) on lots with
single family dwellings
• §10-3-5001: Regulations for ADUs
on lots with multifamily dwellings
• §10-3-5000: Regulations for statemandated ADUs per Government Code (Gov. Code) §66323
• §10-3-5001: Regulations for ADUs
and IADUs on lots with single-family
dwellings
• §10-3-5002: Regulations for ADUs
on lots with multifamily dwellings
• Article 50 [Accessory
Dwelling Units and Junior
Accessory Dwelling Units]
Number of ADUs • For single-family properties:
o One converted/attached or newly
constructed/detached ADU, one
JADU, and one IADU if the
property is 13,000 SF or larger
• For multi-family properties:
o Two detached ADUs and at least
one converted ADU, not to exceed
25% of the number of existing
units onsite
• For single-family properties:
o One converted ADU, one
detached ADU, and one JADU per
Gov. Code §66323, in addition to
one converted or detached ADU
per local regulations; one IADU is
allowed additionally if the property
is 13,000 SF or larger
• For multi-family properties:
o Eight detached ADUs and at least
one converted ADU, not to exceed
25% of the number of existing
units onsite
• See Table 2 below for summary
• Originally §10-3-5000.A.1
and §10-3-5001.A.1
• Amended §10-3-5001.D.1
and §10-3-5002.D.1
Approval
Process
• ADUs complying with the ordinance
are only subject to building permit
requirements
• Approval process for ADUs subject
to Gov. Code §§66314-663233 must
also comply with state law
requirements, which includes specific
provisions regarding review timeline
• Originally §10-3-5000.A
and §10-3-5001.A
• Amended §10-3-5000.B,
§10-3-5001.C,
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TABLE 1. OVERVIEW OF PROPOSED CHANGES - Continued
Topic Current Regulation Proposed Regulation Amended BHMC Section(s) Owner
Occupancy
Requirement
• Owner occupancy is required for all
JADUs, unless the unit is owned by a
governmental agency, land trust, or
housing organization
• Owner occupancy is only required if
the JADU shares sanitation facilities
with the primary residence
• Originally §10-3-5000.A.7
• Amended §10-3-5000.D
Conversion of
Unenclosed
Accessory
Structures
• Provision was intended to state that
enclosure and conversion of an
unenclosed accessory structure into
an ADU is permissible only if the
resulting structure adheres to the
setback, height, and other
development regulations for a new
detached ADU
• No change to the regulation; the
proposed amendment corrects a
grammatical error to clarify the
provision
• Originally §10-3-5000.A.4,
§10-3-5000.A.9, and §10-
3-5001.A.4
• Amended §10-3-
5001.D.9.c and §10-3-
5002.D.9.d
Covenant
Requirements
• Covenant is required for ADUs,
JADUs, and IADUs, with terms
including prohibition of short-term
rentals and requirement for owner
occupancy where applicable
• For properties with IADUs, the deedrestricted, for-rent ADU need not be the IADU
• Requirement is removed for ADUs
• Requirement is amended for JADUs:
o Covenant may only include
prohibition of separate sales and
restriction of square footage and
attributes as required by Gov.

Code §66333
• Requirement is amended for IADUs:

The deed-restricted, for-rent ADU
must be the IADU
• Originally §10-3-
5000.A.14 and §10-3-
5001.A.12
• Amended §10-3-5000.E
City Council Report
2026 ADU Ordinance Update
August 4, 2026

Page 3 of 4 ends

TABLE 1. OVERVIEW OF PROPOSED CHANGES - Continued
Topic Current Regulation Proposed Regulation Amended BHMC Section(s) Historical
Resource
Protection
• An ADU that has the potential to
impact a historical resource shall
comply with the Secretary of the
Interior’s Standards
• An ADU that is on the same property
as a resource listed on the California
register of historic places shall
maintain character-defining features
as identified on the historic
assessment report
• Director may adopt additional
objective standards in the future for
resources on local, state, and
national registers
• Originally BHMC §10-3-
5000.A.18 and §10-3-
5001.A.19
• Amended §10-3-
5001.D.16 and §10-3-
5002.D.16
Window
Requirement for
Multi-family
ADUs
• Windows within 10 ft of a side or rear
property line shall be located at least
six feet above finished grade or shall
be awning style that opens maximum
of 6 inches and is fitted with
translucent glass
• Carry over the clarified provision for
single-family ADUs (Updated per
Ordinance No. 26-O-2933): Window
requirement is applicable to windows
on any floor and window height shall
be measured from finished floor to
bottom of the window sill
• Originally §10-3-
5001.A.18
• Amended §10-3-
5002.D.15
City Council Report
2026 ADU Ordinance Update
August 4, 2026

Page 4 of 4 ends

TABLE 2. NUMBER OF ADUS ALLOWED*
State Mandated (Gov. Code §66323) Locally Regulated (Gov. Code §66314) ADUs on
Single-Family
Properties
(1) One converted ADU from existing space (attached
to primary structure)
• Height limit: Height limit for the primary structure
or 25’, whichever is lower
(4) One attached or detached ADU, up to 850 SF-1,200 SF • Height limit, if attached: Height limit of the primary dwelling or 25’, whichever is lower
• Height limit, if detached:
o Central Area south of Santa Monica Blvd: 22’
o Central Area north of Santa Monica Blvd: 25’
o Hillside Area and Trousdale Estates: Same as (2)
(2) One detached ADU, up to 800 SF
• Height limit: 16’
• Height limit, if within ½-mile of major transit stop
of high-quality transit corridor: 18’
(5) One attached or detached Incentive ADU (IADU) if site is 13,000 SF or larger, up to 800 SF and up to 25 ft in height, subject to Gov. Code §66321(b)(4)
(3) One junior ADU (JADU), up to 500 SF
ADUs on
Multi-Family
Properties
(1) Converted ADU from existing non-livable space: a
minimum of one unit and up to 25% of existing units
onsite
(3) One attached or detached ADU, up to 1,200 SF
• Height limit, if attached: Height limit of the primary dwelling
• Height limit, if detached: 24’
(2) Detached ADUs:
• For existing MFR: Up to eight units (not to
exceed existing number of units on site)
• For new MFR: Up to two units
• Height limit: 16’
• Height limit, if within ½-mile of major transit stop
of high-quality transit corridor or on a lot with
multi-story multi-family dwelling(s): 18’
*The ADUs listed are allowed in combination with one another.

Attachment 5
Applicable General Plan Goals and
Policies
City Council Report
2026 ADU Ordinance Update
August 4, 2026

Page 1 of 1 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 ADU ordinance update include the following:

Land Use (LU) Element – Goals and Policies
• 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 3.2 (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 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 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) Housing (H) Element – Goals and Policies
• Policy H 2.4 (Accessory Dwelling Units) – Promote accessory dwelling units (ADUs) as a means of providing lower-cost options for seniors, caretakers, and others.

Implementation Program
• Imp. 2.1 (Update Zoning Code) – Update Zoning Code and Development Regulations, which prompts to review and revise the zoning code to reflect the general plan’s policies for permitted uses and development standards.

Attachment 6
Public Comments
May 19, 2026
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
By email: [email protected]; [email protected]; [email protected]; [email protected]
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Re: Proposed Changes to the City’s ADU Ordinance
Dear Beverly Hills City Council,
The California Housing Defense Fund (CalHDF) and Californians for Homeownership submit this letter regarding the proposed amendments to the City’s accessory dwelling unit (ADU) ordinance, which are calendared as agenda item E6 for the May 19, 2026 City Council meeting.

The proposed ordinance violates state law by imposing design standards on “statewide exemption” ADUs. A review of the City’s ADU ordinance reveals that it contains numerous provisions that violate state law, as discussed further infra.

Background
The law gives local governments authority to enact zoning ordinances that implement a variety of development standards on ADUs. (Gov. Code, § 66314.) The standards in these local ordinances are limited by state law so as not to overly restrict ADU development. (See id.) Separately from local ADU ordinances, Government Code section 66323 establishes a narrower set of ADU types that local governments have a ministerial duty to approve. “Notwithstanding Sections 66314 to 66322 ... a local agency shall ministerially approve” these types of ADUs. (Id. at subd. (a).) This means that ADUs that satisfy the minimal requirements of section 66323 must be approved regardless of any contrary provisions of the local ADU ordinance. (Ibid.) Local governments may not impose their own standards on such ADUs. (Gov. Code, § 66323, subd. (b) [“A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).”].) In addition, ADUs that qualify for the protections of Government Code section 66323, like other ADUs, must be processed by local governments within 60 days of a complete permit application submittal. (Gov. Code, § 66317, subd. (a).) State law also prohibits creating regulations on ADU development not explicitly allowed by state law. Government Code Section 66315 states, “No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require that the property may be used for rentals of terms 30 days or longer.”
Impermissible Design Standards
Proposed City Code section 10-3-5000.A.21 requires “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.” City code section 10-3-5001(A)(18) imposes similar window requirements on ADUs on multifamily parcels.

However, the City may not impose any design requirements on section 66323 ADUs. This is because section 66323, subdivision (b) specifically exempts such ADUs from all local requirements: “A local agency shall not impose any objective development or design standard that is not authorized by this section upon any unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).” From page 20 of the January 2025 HCD ADU Handbook (emphasis added):

A local agency may not impose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), (b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.).

The City must exempt section 66323 ADUs from these window design requirements, as is required by state law.

Impermissible Limit on the Number of ADUs Per Single-Family Parcel Code section 10-3-5000(A)(1) only allows one ADU and one JADU per single-family parcel. 2 of 10
However, SB 543 went into effect on January 1, 2026. Among numerous other provisions, the law requires the City to allow one conversion 66323 (“exemption”) ADU and one detached 66323 ADU per single family parcel.

The City must amend the proposed ordinance to allow two 66323 ADUs per single-family parcel: one detached, new construction 66323 ADU; and one internal conversion 66323 ADU.

Impermissible Location Requirement
Code section 10-3-5000(A)(1) requires ADUs to be located to the rear of the primary dwelling on single-family parcels. Code section 10-3-5001(A)(2) requires ADUs to be located to the rear of the existing multifamily building on multifamily parcels.

However, the City may not impose any such locational requirement on ADUs eligible for the protections of Government Code section 66323. The City may not impose front setbacks limits on these ADUs due to the provisions of Government Code section 66323, subdivision (b): “A local agency shall not impose any objective development or design standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).” This means that the City cannot impose any standards on section 66323 ADUs beyond what is specifically allowed in that section of state law, including such location requirements for ADUs developed pursuant to Government Code section 66323.

See pages 18-20 of the January 2025 HCD ADU Handbook for more information on section 66323 ADUs.

The City must amend its ADU ordinance to remove this front setback requirement for section 66323 ADUs.

Unlawful Restrictions on ADU Size
City code section 10-3-5000(A)(4)(a) establishes maximum ADU sizes in the Central Area south of Santa Monica Boulevard, the Central Area north of Santa Monica Boulevard and the Hillside Area, and Trousdale Estates. This code section also restricts ADU size based on floor area ratio. Additionally, City code section 10-3-5001(A)(4)(a) limits ADUs on multifamily parcels to 1,200 square feet.

However, these limits on ADU size violate the provisions of Government Code section 66323, subdivisions (a):
3 of 10
● Government Code section 66323, subdivision (a)(1) allows the conversion of existing accessory structures into ADUs without size restriction. In fact, the applicant is entitled to add up to 150 square feet for the purposes of ingress and egress. ● Government Code section 66323, subdivision (a)(2) allows the development of an 800 square foot detached ADU, regardless of whether the parcel has already achieved its maximum floor area.
● Government Code section 66323, subdivision (a)(3), allows the conversion of portions of existing multifamily buildings into ADUs without size restriction. ● Government Code section 66323, subdivision (a)(4) allows the development of up to eight detached ADUs on multifamily parcels without size restriction.

In all cases, the City cannot impose a size restriction because Government Code section 66323, subdivision (b) prohibits the application of any local standards to section 66323 ADUs.

The City must amend its ADU ordinance to remove these impermissible size limits for section 66323 ADUs.

Impermissible Application of Underlying Standards
City code section 10-3-5000(A)(4)(b) applies underlying zoning standards to ADUs on single-family parcels: “Application of development standards, such as floor area ratio, may further limit the size of the accessory dwelling unit, but in no case shall the front setback, floor area ratio, open space, or site coverage requirement reduce an accessory dwelling unit to less than 800 square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit.” City code section 10-3-5001(A)(4)(b) similarly applies underlying zoning standards to ADUs on multifamily parcels: “Application of development standards, such as floor area ratio, may further limit the size of the accessory dwelling unit, but in no case shall the front setback, floor area ratio, open space, or site coverage requirement reduce an accessory dwelling unit to less than 800 square feet where there is no other alternative to comply, and only to the extent necessary to construct the accessory dwelling unit.” However, the City may only impose underlying zoning standards for ADUs that do not qualify for the protections of Government Code section 66323. As discussed above, Government Code section 66323 mandates that the City approve a specific class of ADUs subject only to specified height and setback requirements, notwithstanding any local code requirements to the contrary. SB 1211 made this even more explicit: Government Code section 66323, subdivision (b): “A local agency shall not impose any objective development or design 4 of 10
standard that is not authorized by this section upon any accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).” The City’s exception for ADUs up to 800 square feet is insufficient, because detached ADUs on multifamily parcels developed pursuant to Government Code section 66323 are not subject to any size restrictions. This is because Government Code section 66323, subdivision (b) prohibits the application of any local standards to section 66323 ADUs. A size limit on detached ADUs on multifamily parcels is a local standard not provided in section 66323, and it is therefore prohibited.

From page 20 of the January 2025 HCD ADU Handbook (emphasis added):

The City must amend its ordinance to state clearly that underlying zoning standards do not apply to section 66323 ADUs.

Impermissible Owner-Occupancy Requirement for JADUs
City code section 10-3-5000(A)(7)(c) imposes owner-occupancy requirements on properties that include JADUs. However, AB 1154, effective January 1, 2026, amended state law to eliminate owner-occupancy requirements for JADUs that have their own bathrooms.

Government Code section 66333, subdivision (b):

If the junior accessory dwelling unit has shared sanitation facilities with the existing structure, require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization. (emphasis added)
The City must amend its code to eliminate this owner-occupancy requirement for JADUs that have their own bathrooms.
5 of 10
Impermissible Parking Requirements
City code sections 10-3-5000(A)(8) and 10-3-5001(A)(4) impose parking requirements on all ADUs, less certain exceptions.

However, the City cannot impose local development standards on ADUs that conform to the requirements of Government Code section 66323, subdivision (a), as section 66323, subdivision (b) specifically exempts such ADUs from all local requirements. This means that the City cannot impose parking requirements on section 66323 ADUs.

From page 20 of the January 2025 HCD ADU Handbook (emphasis added):

From page 34 of the HCD ADU Handbook:

In addition, local agencies may not impose parking requirements on 66323 Units.

The City must exempt section 66323 ADUs from parking requirements, as is required by state law.

Impermissible Building Separation Requirement
City code sections 10-3-5000(A)(11) and 10-3-5001(A)(9)(e) impose a six-foot building-to-building separation requirement on ADUs.

From page 20 of the January 2025 HCD ADU Handbook (emphasis added):

Impermissible Deed Restriction Requirement
City code sections 10-3-5000(A)(14) and 10-3-5001(A)(12) require a restrictive covenant to be placed on the property as a condition of permitting an ADU. This is a clear violation of Government Code section 66323, which prohibits any standards not explicitly authorized in that section. Deed restrictions are also not permitted by Government Code section 66315, which forbids standards not listed in section 66314.

The California Department of Housing and Community Development (“HCD”) has communicated that such deed restrictions are unlawful. The January 2025 HCD ADU Handbook specifically forbids deed restrictions as a condition of ADU development (see page 22).

Additionally, such deed restrictions imposed on ADUs (or on other accessory structures) are unenforceable. This is due to the absence of horizontal privity between the Town and the applicant. In other words, since the City does not own the applicant’s property at the time of the application, and does not own a neighboring property to whose benefit the proposed restriction(s) redound, black letter property law bars the restrictions from binding future property owners. (See, e.g., Scaringe v. J. C. C. Enters (1988) 205 Cal.App.3d 1536 [describing the types of privity relationship between covenanting parties that allow enforcement of a deed restriction]; see also Civ. Code, §§ 1460 et seq.) The City must therefore amend the proposed ordinance to remove the deed restriction requirement.

Impermissible Historic Standards
City code sections 10-3-5000(A)(18) and and 10-3-5001(A)(19) impose certain local standards on ADUs proposed for historic parcels.

From page 20 of the January 2025 HCD ADU Handbook (emphasis added):

A local agency may not impose development or design standards, including both local standards and standards found in State ADU Law, on 66323 Units that are not specifically listed in Government Code section 66323. (Gov. Code, § 66323, subds. (a), 7 of 10
(b).) This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.).

The City must exempt section 66323 ADUs from these historic requirements, as is required by state law.

Impermissible Limit on the Number of ADUs on Multifamily Parcels Code section 10-3-5001(A)(1)(a) only permits two detached ADUs on a parcel with an existing multifamily building.

However, Government Code section 66323, subdivision (a)(4)(ii) mandates that the City allow up to eight detached ADUs on each parcel that has an existing multifamily building.

The City must amend its ADU ordinance to allow up to eight detached ADUs on each parcel that has an existing multifamily building, as is required by state law.

Impermissible Limitations on Conversion ADUs in Multifamily Buildings Code section 10-3-5001(A)(1)(b) limits the conversion of space into ADUs inside multifamily buildings as follows: “Areas used for commercial or other activities that are intended for regular occupancy such as leasing offices, community rooms, or amenity spaces are not eligible for conversion.”
State law allows for conversion of space within multifamily buildings that is not used as “livable space.” (Gov. Code, § 66323, subd. (a)(1)(3)).) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

The City ignores the fact that this section uses the phrase “including, but not limited to,” in its description of areas not used as livable space. The City is required to allow for conversion of such space to ADUs, and allow additional units equalling 25 percent of the existing units in the building. The City’s ordinance restricts the space available for conversion by excluding spaces that would clearly qualify under state law. In particular, there can be no doubt that commercial space within a residential building is not being used as livable space. No one lives in commercial space, leasing offices, community rooms, etc. in a residential building, and there is really no serious argument otherwise.

When there are inadequate housing units available, and there is an extensive homelessness crisis, as there is in the Los Angeles region, an increase in the supply of low-cost housing, 8 of 10
such as ADUs, directly benefits tenants by reducing rents and making more housing units available.

The City must amend its ADU ordinance to remove this illegal restriction on conversion ADUs in multifamily buildings.

Impermissible Discretionary Process
City code section 10-3-5000(B) and 10-3-5001(B) create a process for discretionary approval of certain ADUs by the Planning Commission. However, state law does not allow any such process.

Government Code section 66316:
“An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes ...”
Government code section 66317, subdivision (a):
“ A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing ...”
If the City wishes to create a path for approval of certain ADUs that are taller or larger than a given threshold, then it should write objective criteria into its code and allow ministerial approval by City staff.

While the City may think that is helping applicants by providing a more flexible, discretionary path, on the contrary it is vastly more helpful to establish clear rules and objective criteria that are approved ministerially, rather than let an applicant embark on a vastly longer, more challenging and expensive discretionary path.

Housing Element Conflicts
Not only does the City’s proposed ADU ordinance violate state law, it also contravenes programs in the City’s Housing Element, including:

H 2.4 Accessory Dwelling Units. Promote accessory dwelling units (ADUs) through various programs, including regulatory incentives, as a means of providing lower-cost housing options for seniors, caretakers, and others. (Imp. 10.4) 9 of 10
Imp 10.4 Accessory Dwelling Units. The City is currently processing a Municipal Code amendment to revise ADU regulations in conformance with current State law and will take various steps detailed below to further encourage the provision of ADUs.

However, by requiring off-street parking and forbidding front yard ADUs, in addition to the other restrictions listed above, the City’s ADU ordinance discourages ADU development. This is distressing, because the City is planning on 150 ADUs to be built during the planning period, including 90 for very low- and low-income households. ⧫⧫⧫
Californians for Homeownership and CalHDF urge the City to amend the proposed ordinance to comport with state ADU law and Housing Element law.

Sincerely,

Matthew Gelfand Dylan Casey
Californians for CalHDF
Homeownership
\
10 of 10
From: Talia Smith
To: CommentPC
Subject: ADU Ordinance Update – Parking Concerns
Date: Friday, June 5, 2026 11:35:07 AM
[Some people who received this message don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] CAUTION: EXTERNAL SENDER
Be cautious when clicking links or opening attachments. Verify the sender's email address and be on the lookout for phishing attempts.

Dear Planning Commission MembersAs a Zone 9 resident, I support ADUs and the additional housing they provide. However, I am concerned that ADU tenants often have no practical parking options as overnight street parking is prohibited.

On my block alone, there are regularly around 20 vehicles parked overnight with disabled parking placards, demonstrating that overnight street parking already exists in practice. Given this reality, I encourage the City to consider allowing some form of overnight parking accommodation for ADU residents.

Thank you for your consideration.=

Beverly Hills City CouncilAugust 4, 2026

Beverly Hills City Council
August 4, 2026