Beverly Hills Municipal Code Art. 49 Objective Standards for Two-Primary Unit Projects and Urban Lot Splits In…

The provisions of this article establish standards and procedures for projects developed pursuant to the regulations of Government Code Sections 65852.21 and 66411.7 (as originally established by Senate Bill 9 and any successor statute), including two primary residential units constructed on a single-family residential lot and two-lot subdivision (urban lot split) projects, respectively. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023; Ord. 25-O-2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

For the purposes of this article, certain words and phrases used in this article are defined as follows:

FRONT LOT: When an urban lot split creates two lots where there was previously one lot, the lot with the most frontage on the primary street shall be considered the front lot.

PRIMARY ENTRANCE: The entrance to a residential building that serves as the main point of ingress and egress.

PRIMARY RESIDENTIAL UNIT: A residential building that serves as a main living space on a property and does not qualify as an accessory structure or accessory dwelling unit, as defined in section 10-3-100 of this chapter.

REAR LOT: When an urban lot split creates two lots where there was previously one lot, the lot with the least frontage on the primary street shall be considered the rear lot.

REAR LOT FRONT SETBACK: The front lot line of such rear lot shall be the lot line closest to the alley and/or furthest from and parallel to the primary street. The rear lot front setback shall be considered the distance between the front lot line of the rear lot and closest element of a building or structure on the site area of the rear lot.

TWO-PRIMARY UNIT PROJECT: A housing project on a single-family residential zoned property that allows up to four units to be constructed, including the construction of two primary residential units and accessory dwelling unit(s) on a single lot or on two separate lots created by an urban lot split, through a ministerial approval process. This type of project is authorized pursuant to Government Code section 65852.21 (as originally established in Senate Bill 9 by the California state senate and the Governor on September 16, 2021, and any successor statute, including Senate Bill 450, passed by the California state senate and approved by the Governor on September 19, 2024).

URBAN LOT SPLIT: A parcel map subdivision of a single-family residential parcel that creates no more than two parcels of approximately equal lot area through a ministerial approval process as permitted pursuant to Government Code section 66411.7 (as originally established in Senate Bill 9 by the California state senate and the Governor on September 16, 2021, and any successor statute, including Senate Bill 450, passed by the California state senate and approved by the Governor on September 19, 2024). (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023; Ord. 25-O-2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

Notwithstanding any other provision of this Chapter and Chapter 2 of Title 10, the provisions of this Article shall apply to two-primary unit projects and urban lot splits. Except as expressly provided in state law or in this Article, all other regulations of the underlying zone of a property developed with a two-primary unit project or urban lot split shall apply, along with all other applicable regulations of chapter 2, title 10 as related to an urban lot split. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023; Ord. 25-O-2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

A property owner seeking to complete an urban lot split, or develop a two-primary unit project on a single-family residential property and the standards in this article, shall be subject to the following general requirements, which shall be accepted and acknowledged by the property owner by signing and recording a covenant against the property. The covenant shall be supplied by the City and provide as follows:

A. The short term rental (defined as a "single-family transient use" in section 10-3-100 of this chapter) of any units and Accessory Dwelling Units (ADUs) on the site shall comply with applicable regulations for the underlying zone, as enumerated in chapter 3, title 10, and any rental of a unit built pursuant to this article shall be longer than thirty (30) days;

B. Non-residential uses on the site shall be prohibited;

C. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited;

D. The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; and

E. Compliance with underlying zoning: Any project developed pursuant to Government code section 65852.21. shall comply with the standards of this article in addition to any provision applicable to the underlying zone. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023; Ord. 25-O-2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

Upon approval of a tentative parcel map or parcel map, a single-family residential lot may be subdivided into two lots, also referred to as an urban lot split as follows:

A. No lot resulting from an urban lot split shall be smaller than 1,200 square feet.

B. The two resulting lots shall be approximately equal, and no smaller than 48% or larger than 52% of the lot area of the original parcel.

C. No flag lots shall be created as a result of an urban lot split as a mechanism to avoid minimum frontage requirements if the subject property is adjacent to an alley, located on a corner, or on a through lot. If there is no alley access, or the lot is not a through lot or a corner lot, the rear lot shall comply with the definition of a flag lot in section 10-3-100 of this chapter and access to the rear lot shall be provided. If a flag lot is created, the lot width of the front lot may be reduced by the required width for a driveway to provide access to the rear lot.

D. No right-of-way dedications shall be imposed upon urban lot split projects. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023; Ord. 25-O-2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

A. For projects that include an urban lot split, no more than two units may be located on a site.

B. For two-primary unit projects that do not include an urban lot split, no more than four units (the four units may be any combination of up to two primary residential units, and any ADUs and Junior ADUs allowable under state and local law) may be located on a site. The units must conform to the objective standards included in this article and as otherwise regulated by ADU or Junior ADU regulations of this chapter. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O- 2880, eff. 11-3-2023; Ord. 25-O-2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

For any primary residential units constructed as part of an urban infill two-unit project or urban lot split, the maximum floor area shall be calculated pursuant to the limitations of the underlying zone in this chapter. The maximum cumulative floor area of the primary residential units developed on separate lots after any subdivision of lots shall not exceed the maximum cumulative floor area calculation for the site prior to the subdivision of lots. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023; Ord. 25-O-2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

All primary residential units constructed as part of an urban infill two-unit project or urban lot split shall have a minimum floor area pursuant to the limitations of the underlying zoning of this chapter. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023; Ord. 25-O-2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

A. Side and rear setbacks. Any units constructed as part of a two-primary unit project or urban lot split shall have a minimum four-foot setback from all side and rear lot lines.

B. Front setbacks shall be provided pursuant to the regulations of the underlying zoning standards of this chapter.

C. Setbacks for existing structures. No setbacks shall be required if a unit is constructed within the footprint of an existing structure on a lot. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023; Ord. 25-O-2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

All residential buildings, including the primary residential unit, on a site area constructed as part of a two-primary unit project or urban lot split shall have a minimum width consistent with the regulations of the underlying zone. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023; Ord. 25-O-2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

A. Only one primary entrance of a primary residential unit built as part of an urban infill two-unit project or urban lot split shall be permitted to face the lot line from which the front setback is measured.

B. Each unit on each lot created by an urban lot split shall have a separate entrance. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023; Ord. 25-O- 2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

A. Parking required: One parking space is required for each primary residential unit created as part of a two-primary unit project or urban lot split, unless the parcel upon which the unit is created is within one-half mile of a high-quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project.

B. Parking location restrictions:

1. Parking location shall be limited by underlying zoning of this chapter. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023; Ord. 25-O- 2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

The building official, or his or her designee, may make a written finding to deny an urban lot split or the construction of a primary residential units as part of a two-primary unit project or urban lot split. Such findings shall be based upon the preponderance of evidence that the proposed housing development project would have a specific, adverse impact (as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5) upon the public health and safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. In addition, the building official, or his or her designee shall review any urban lot split or two-primary unit project to determine if the housing development project would have a specific, adverse impact if the project is located within the California Department of Forestry and Fire Protection designated Very High Fire Hazard Severity Zone (VHFHSZ) to determine whether the proposed urban lot split or urban infill two-unit development would have a specific, adverse impact upon public health and safety. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023; Ord. 25-O-2913, eff. 5-6-2025; Ord. 25-O-2915, eff. 6-17-2025)

In addition to the objective standards outlined in this article, the following regulations shall apply to any SB 9 projects that are developed in the Hillside or Trousdale Estates area of the City.

A. No level pad area may be created for purpose of constructing units.

B. No units, or part of units, may be constructed off of the existing level pad area on any site.

C. Lots created from an urban lot split shall conform to the regulations provided in this article, unless there is no alley access, or the lot is not a through lot or a corner lot, in which case, the rear lot shall comply with the definition of a flag lot in this chapter and access to the rear lot shall be provided. (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023)

The building official, or his or her designee, may make a written finding to deny an urban lot split or the construction of units pursuant to SB 9. Such findings shall be based upon the preponderance of evidence that the proposed housing development project would have a specific, adverse impact (as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5) upon the public health and safety or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact." (Ord. 21-O-2853, eff. 12-7-2021; amd. Ord. 22-O-2856, eff. 1-18-2022; Ord. 22-O-2869, eff. 11-16-2022; Ord. 23-O-2880, eff. 11-3-2023)