Article 18.7 — MIXED USE (MU) OVERLAY ZONE

Beverly Hills Zoning Code · 2026-06 edition · ingested 2026-07-06 · Beverly Hills

10-3-1871: MIXED USE (MU) OVERLAY ZONE CREATED:

There is hereby created and established in the City an overlay zone, designated as the Mixed Use (MU) Overlay Zone. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1872: PURPOSE AND OBJECTIVES OF THE MIXED USE OVERLAY ZONE:

The purpose of the MU Overlay Zone is to provide areas of the City where mixed use development is allowed in order to encourage vibrant, walkable neighborhoods and increase the availability of housing in the City, while preserving the vitality of existing commercial corridors and minimizing displacement of existing residents. The objectives of the MU Overlay Zone shall be as follows:

A. Expanding the options and opportunities for certain commercial property owners and developers by allowing for combinations of commercial uses, and multi-family residential uses subject to specific standards, rules and procedures;

B. Creating the potential for more intensive development in certain neighborhoods, while maintaining realistic buffers between commercial and residential zones to ensure there is harmonious development in the area;

C. Expanding housing options for diverse socioeconomic populations in the City including seniors, young people, populations that wish to be transit-adjacent and populations that will benefit from development near an urban core;

D. Retaining the commercial tax base and streetscape character that exists in the City by encouraging neighborhood-serving and pedestrian-friendly commercial uses;

E. Concentrating new housing and amenities near existing and anticipated transportation nodes and stations to encourage the use of alternative modes of transportation to automobile travel; and

F. Allowing projects that are appropriately designed to achieve the desired neighborhood character, while providing development standards to minimize impacts of commercial uses to adjacent residential zones, and to encourage symbiotic uses. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1873: APPLICATION OF THE MIXED USE OVERLAY ZONE:

The Mixed Use Overlay Zone shall be applied only to commercially zoned properties located in the following areas: A. Properties fronting on Wilshire Boulevard between San Vicente Boulevard to the east and Rexford Drive to the west;

B. Properties located on the southern side of Wilshire Boulevard between Rexford Drive to the east and South Santa Monica Boulevard to the west;

  • C. Properties fronting on La Cienega Boulevard between the northern and southern borders of the City;

  • D. Properties fronting Robertson Boulevard between the northern and southern borders of the City;

  • E. Properties fronting on Olympic Boulevard located between the eastern boundary of the City and Rexford Drive to the west;

  • F. Properties fronting on South Doheny Drive between Wilshire Boulevard to the north and Charleville Boulevard to the south;

  • G. Properties fronting on San Vicente Boulevard between Wilshire Boulevard and La Cienega Boulevard;

H. Properties fronting on Santa Monica Boulevard (south roadway) between Wilshire Boulevard to the east and South Moreno Drive to the west; and

I. Properties fronting on South Beverly Drive between Wilshire Boulevard to the north and Charleville Boulevard to the south. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1874: DEFINITIONS:

Unless the context otherwise requires, the following definitions shall govern the construction of this article:

ADJACENT TO A RESIDENTIAL
ZONE:
A site that shares a property line with a residentially zoned property or is separated from a
residentially zoned property by a public alley.
GROUND FLOOR: The story or floor level within a building that provides direct access to and fronts on a
public street, and the elevation of the floor level along the street frontage is an average of
three feet (3') above or below the adjacent curb.
MIXED USE DEVELOPMENT: A project that includes commercial and multi-family residential uses within the same
structure. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1875: PROCEDURES FOR APPROVAL:

No mixed use development shall be constructed without approval of a development plan review by the Planning Commission in accordance with article 31 of this chapter.

A. A public hearing shall be held by the Planning Commission on all development plan review permits for mixed use developments. Noticing shall be completed in accordance with article 2.5 of this chapter and the City's public notice guidelines.

B. Any decision made by the planning commission pursuant to this article may be appealed to the city council in the manner provided in title 1, chapter 4, article 1 of this code. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1876: USES PERMITTED:

Except as otherwise provided or restricted by this article, no lot, premises, building or portion thereof in the MU Overlay Zone shall be used for any purpose except the following:

  • A. Uses permitted in the applicable underlying zone that meet the development standards of the underlying zone.

  • B. Uses conditionally permitted in the applicable underlying zone that meet the development standards of the underlying zone for which an applicant has received a conditional use permit.

  • C. Multi-family residential housing units as part of a mixed use project and the usual and customary accessory and appurtenant uses thereto. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1877: RESTRICTED USES; MINIMUM INITIAL RENTAL PERIODS:

The following restrictions shall apply to mixed use development in the MU Overlay Zone:

  • A. No medical uses may be included in a mixed use development.

  • B. No entertainment uses including, but not limited to, cabarets, nightclubs, and adult entertainment businesses, may be included in a mixed use development.

C. Residential uses included as part of a mixed use development shall be permitted in all portions of the development regardless of the underlying zone, except that residential uses shall not be permitted within the first forty feet (40') of depth from any street-facing property line of the first floor, except as otherwise allowed through the development plan review request.

D. Commercial uses included as part of a mixed use development shall only be permitted in those portions of the development in which the underlying zone is a commercial zone unless otherwise approved through a zone text amendment request. Further, no commercial uses shall be allowed above the third story of a mixed use development. E. A "multi-family dwelling" or "accessory dwelling unit", as defined in section 10-3-100 of this chapter, may be rented or leased (as evidenced by a written rental or lease agreement, or by evidence of occupancy for at least one year), provided that the initial lease term shall be at least one year. This provision does not apply to transitional housing, emergency shelters, congregate care facilities, or supportive housing.

F. The planning commission shall have authority through conditions imposed on a development plan review permit to prohibit uses not specified herein, on a use by use basis, if it finds that the proposed uses will have a significant adverse impact on adjacent uses, or will not promote harmonious development of the area. (Ord. 20-O-2825, eff. 1218-2020; amd. Ord. 25-O-2918, eff. 9-5-2025)

10-3-1878: APPLICABILITY OF UNDERLYING ZONE REGULATIONS:

Except as otherwise specifically provided in this article for mixed use developments, development in a MU Overlay Zone shall comply with the zoning regulations applicable to the underlying zone. In addition, the construction of a mixed use development as defined in this chapter shall comply with the development standards in this article, regardless of the underlying zone in which the mixed use development is constructed.

Nothing in this article shall require a development to comply with the provisions of the MU Overlay Zone if the development fully conforms to the requirements of the underlying zone. (Ord. 20-O-2825, eff. 12-18-2020; amd. Ord. 26-O-2931, eff. 7-1-2026)

10-3-1879: GROUND FLOOR RESTRICTIONS:

Any building in the MU Overlay Zone shall include commercial uses on the ground floor of the building, subject to the use limitations noted in this article. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1880: HEIGHT LIMIT:

A building in the MU Overlay Zone shall not be constructed, altered, or enlarged so that it is taller than the heights set forth as follows and as displayed in the Mixed Use Overlay Zone Height District Map maintained by the Department of Community Development:

A. Height District A: A maximum height of forty five feet (45') and three (3) stories is permitted for properties adjacent to any single-family residential zones and/or multi-family residentially zoned properties located in multifamily height district A, as noted in section 10-3-2804 of this chapter.

B. Height District B: A maximum height of forty five feet (45') and four (4) stories is permitted for properties adjacent to multi-family residentially zoned properties located in multi-family height district B, as noted in section 103-2804 of this chapter.

C. Height District C: A maximum height of fifty five feet (55') and five (5) stories is permitted for properties adjacent to multi-family residentially zoned properties located in multi-family height district C, as noted in section 103-2804 of this chapter, or other properties in existing mixed use overlay zones.

When a mixed use development is located adjacent to more than one residential zone, the residential zone allowing the shortest height shall dictate the maximum height allowed for the mixed use development. The height of a mixed use development shall be measured pursuant to the definition of "Height of Building" for Multiple-Family Residential Zones in section 10-3-100 of this chapter.

For the purposes of applying the provisions of Government Code Section 65915, the height limitations and story limitations set forth in this article shall be considered separate requirements. (Ord. 20-O-2825, eff. 12-18-2020; Ord. 22-O- 2860, eff. 6-10-2022)

10-3-1881: RESIDENTIAL DENSITY:

Maximum Density Of Residential Units: The number of residential units that may be included in a mixed use development in the MU Overlay Zone shall not exceed one unit per five hundred fifty (550) square feet of site area. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1882: MINIMUM AND AVERAGE FLOOR AREA OF DWELLING UNITS:

The following floor area requirements shall apply to multi-family residential dwelling units within a mixed use development:

A. Efficiency And One Bedroom Units: Efficiency and one bedroom units shall have a minimum floor area of five hundred (500) square feet each.

B. Two (2) Or More Bedroom Units: A dwelling unit with two (2) or more bedrooms shall have a minimum floor area of eight hundred (800) square feet.

C. The average of the floor areas of all residential units in a mixed use development shall not exceed one thousand seven hundred fifty (1,750) square feet.

D. Outdoor Living Space: One-half (1/2) of the square footage of outdoor living space required by section 10-31886 of this chapter may be counted as part of the floor area of a dwelling unit if such outdoor living space does not project into any required yard, is contiguous to the dwelling unit, and is designated for the exclusive use of the dwelling unit. However, the outdoor living space shall not be counted as more than ten percent (10%) of the required minimum floor area of the dwelling unit. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1883: PARKING REQUIREMENTS:

A. Except as otherwise provided in this section, parking requirements for the commercial portion of a building located in the MU Overlay Zone are located in 10-3-2727 through 10-3-2736 inclusive of this chapter.

B. A mixed use development shall provide parking for the commercial and residential components that can be physically separated. Notwithstanding the foregoing, the planning commission may permit, as part of a development plan review permit, access between parking facilities for the commercial and residential components, such as instances in which the site is physically constrained so that separate facilities are not practical nor feasible.

C. Parking for the residential portion of the building shall be provided per the requirements of section 10-3-2816.

D. Guest parking for residential units in the MU Overlay Zone shall be provided per the requirements of section 10-3-2817.

E. If parking is provided above ground, all parking, except for driveways and access to loading areas, shall be located behind building space that is dedicated to a permitted use other than parking, and that building space shall be a minimum of forty feet (40') deep as measured from the building facades facing public streets, to prevent direct visibility from adjacent streets unless otherwise approved by the planning commission through a development plan

review permit, such as instances in which the site is physically constrained by the depth requirements and unable to provide sufficient parking areas.

F. The parking component of a mixed use development in the MU Overlay Zone shall be as approved as part of a development plan review.

G. Parking spaces for the residential component of the building shall be assigned to specific residential units, and shall not be used by patrons of the commercial uses in the building. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1884: SETBACKS AND MODULATION:

Mixed use developments in the MU Overlay Zone shall have the same setbacks as established in the underlying zone, except no setback shall be required at the property line between two (2) zones if the project is proposed across those property lines.

If a building is constructed across two (2) different zones, and modulation is required for buildings in one of the zones, the modulation shall be provided on the portion of the building located in the zone in which the modulation is required. The width of the building for the purpose of calculating modulation shall be the width that is located within the zone that requires modulation. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1885: LOADING FACILITIES:

Except as otherwise provided in this section, loading facilities for mixed use developments in the MU Overlay Zone shall be provided in accordance with sections 10-3-2740 through 10-3-2744, inclusive, of this chapter, or as otherwise approved by the planning commission as part of a development plan review permit such as instances in which the site is physically constrained and unable to provide such loading facilities. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1886: OUTDOOR LIVING SPACE REQUIRED:

The residential components of all mixed use developments in the MU Overlay Zone shall provide outdoor living space in accordance with the requirements of section 10-3-2803 of this chapter. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1887: APPLICATION OF TRANSITIONAL OPERATIONAL STANDARDS:

Unless otherwise provided in this article, all commercial uses in a mixed use development shall comply with the general operational requirements set forth in section 10-3-1956 of this chapter. (Ord. 20-O-2825, eff. 12-18-2020)

10-3-1888: CONVERSION OF EXISTING COMMERCIAL BUILDINGS:

A. Existing commercial buildings may obtain a development plan review permit to convert to a mixed use building if located in the MU Overlay Zone. Such a project may request relief from the following mixed use standards, if it is not physically feasible to comply with these standards. To determine feasibility, the commission shall evaluate whether the site is physically constrained, with regard to depth and width, whether the existing commercial building does not conform to mixed use standards, and/or whether the existing commercial building would be rendered structurally defective by providing such features.

  1. Parking requirements;

  2. Loading facilities;

  3. Outdoor living space;

  4. Commercial-residential transitional setbacks, if such buildings have legally nonconforming setbacks; and

  5. Height limits, if buildings have legally nonconforming heights.

B. Notwithstanding the density calculation in section 10-3-1881, the maximum density permitted for a mixed use development that is also a conversion project shall be calculated by dividing the existing building floor area, excluding floor area on the ground floor of the existing building, by the minimum allowed unit size of 500 square feet. Existing building floor area shall be determined pursuant to the definition of non-residential and multi-family floor area in section 10-3-100 of this chapter. (Ord. 20-O-2825, eff. 12-18-2020; amd. Ord. 24-O-2886, eff. 4-11-2024)

10-3-1889: OBJECTIVE DESIGN STANDARDS:

Notwithstanding any other provision of this chapter or provision to the contrary, the Objective Design Standards adopted by the City Council on September 30, 2025 by Resolution No. 25-R-13565, as may be amended from time to time (ODS), shall apply to a mixed use development constructed pursuant to this article, except that any Objective Design Standard that would physically preclude the construction of the housing development project shall not be required.

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

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

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

D. Advisory Guidelines: In addition to the mandatory Objective Design Standards, advisory design guidelines which do not impose mandatory requirements, may be voluntarily used by applicants during the applicable project review process. (Ord. 26-O-2931, eff. 7-1-2026)