BEVERLY
HILLS
AGENDA REPORT
Meeting Date: August 11,2026
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener
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. Ordinance
REC0MM EN DATI ONIt is recommended that the City Council move to waive the full reading and adopt the ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS 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)”.
INTRODUCTION
At its August 4, 2026 meeting, the City Council conducted a first reading of this ordinance and introduced it.
DISCUSSION
This ordinance updates 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. The amendments primarily consist of modifications to regulations for consistency with recent updates to state law applicable to ADU5 and Junior ADUs and a reorganization of Article 50 to reference state law provisions.
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Meeting Date: August 11,2026
ENVIRONMENTAL REVIEW
Staff recommends that the City Council find the ordinance exempt from environmentalreview under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines §15282(h) and per §21080.17 of the California Public Resources Code. Thesesections 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.
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.
Laurence S. Wiener
City Attorney
Approved By
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Attachment
1 ORDINANCE NO. 26-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLS TOAMEND 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 andstate law requirements for 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.
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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 ofthis 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 regulateland 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 beavailable 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, contingentupon the ability to maintain the qualities that distinguish and contribute to the livability ofthe 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 -2-
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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 thepublic 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 enhancesthe 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 andrevision of the zoning code to reflect the general plan’s policies for permitted uses anddevelopment 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 anyprovision 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. Thedecision 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’sshort-term rental regulations applicable to the underlying zone.D. JADUs and Owner Occupancy: If the JADU has shared sanitation facilities with thesingle-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 theowner is another governmental agency, land trust, or housing organization. -4-
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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 JADUshall 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 anADU or JADU shall not trigger a requirement for fire sprinklers to be installed in theexisting 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 timeto time. -5-
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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 setforth 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 maybe amended from time to time.
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 subjectto 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 constructedin compliance with all other local development standards. -6-
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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” (JADU), shall be allowed subject to a building permit, provided that theIADU 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 forshort 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. -7-
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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 containedentirely within or attached to an existing or newly proposed and constructed single-family structure.
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, orthe 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 ofdetermining 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 6632 l(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 limitapplicable 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 regulationsapplicable 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 therequired 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 sizeand/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 formsatisfactory 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 TADU shall notbe owner occupied, and shall be rented with the initial and each subsequent rental periodbeing at least one year, without the ability to sublet or use for short term rentals, and that —11—
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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 JADU withappropriate 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 acopy 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 historicassessment 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 -12-
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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. Aminor 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 requestunrelated to height increases. However, the Planning Commission shall be the reviewing authority for any increase in height beyond the maximum allowable height limit in thisarticle.
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 PlanningCommission 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 minoraccommodation 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 andair, 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, -14-
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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 U1JITS 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 iscomplete and demonstrates that the ADU complies with the requirements contained in this Section and any other applicable law. Applications and application procedures shallbe governed by Government Code sections 663 17 or 66335 or successor statutes, as maybe amended from time to time. D. Local Development Standards for ADUs on Lots withMulti-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 -15-
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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 developmentstandards.
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.
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 -16-
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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 ADUsthat are replacing existing structures within the same footprint of the existing structureand do not exceed the existing structure size and/or height. Conversion or replacement ofunenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte-cocheres, or similar structures shall not be allowed, -17-
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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. -19-
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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 historicproperties, as authorized by Government Code section 663 14, 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 10-3-500 i.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 ofthe 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. -21-
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Section 4. CEQA Determination. The Amendments have been environmentally reviewed pursuant to the provisions ofthe California Environmental Quality Act (Public ResourcesCode Sections 21000, et seq.(”CEQA”), the State CEQA Guidelines (California Code ofRegulations, 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 andalso 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 provisionsof Section 65852.1 of, or Article 2 (commencing with Section 66314) or Article 3 (commencingwith Section 66333) of Chapter 13 of Division 1 ofTitle 7 of’, the Government Code is exempt fromCEQA 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 tocertify to the enactment ofthis Ordinance and to cause this Ordinance to be published and/or postedas required by law.
Adopted:
Effective:
CRAIG A. CORMANMayor of the City of Beverly Hills,
California
ATTEST:
______________________
(SEAL)
HUMA ARMEDCity Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER RYAN GOHLICH
City Attorney City Manager
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