Beverly Hills Municipal Code Art. 50 Accessory Dwelling

10-3-5000: BUILDING PERMIT ONLY ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING…¶

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.

Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Permitted: 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.

a. For lots zoned for single-family residential development with a lot area of 13,000 square feet or greater, one additional ADU, 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.

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 single-family 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.
Site Area: There is no minimum site area for accessory dwelling units or junior accessory dwelling units.
Unit Size:

a. Attached or Detached Accessory Dwelling Units: An 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.

(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.

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 unit shall not exceed 500 square feet.

Floor Area Ratio Calculations: For accessory dwelling units and junior accessory dwelling units, 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 accessory dwelling units exceeding 800 square feet.
Height:

a. Detached Accessory Dwelling Units: 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 §66321(b)(4), as amended from time to time.

(4) Notwithstanding the foregoing, a detached accessory dwelling unit 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.

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.

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.

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 unit 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.

Parking:

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.

(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.

Setbacks:

a. In the Central Area, accessory dwelling units shall have side and rear setbacks of no less than four feet, except that no minimum side or rear setback is required for the portion of an accessory dwelling unit that abuts an alley.

b. In the Hillside Area and Trousdale Estates, accessory dwelling units 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 four feet from a side or rear property line. Where the rear or side portion of an accessory dwelling unit 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, shall comply with all applicable development standards for a new detached accessory dwelling unit pursuant to section 10-3-5000 of this article.

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 the primary dwelling.
Separation: Newly constructed 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.
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.
Maximum Site Density: Density limitations set forth in this municipal code shall not preclude the construction of accessory dwelling units that comply with the provisions of this code section.
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 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 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 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 incentive accessory dwelling unit may not be sold, transferred or assigned separately from the primary dwelling unit, that one accessory dwelling unit 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 deed-restricted 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 unit(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.

Fire Sprinklers: An accessory dwelling unit or junior accessory dwelling unit 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.
Fees and Charges: Any accessory dwelling unit or junior accessory dwelling unit shall not be considered new residential uses for purposes of calculating 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 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.
Utility Connections:

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.

Historic Resources: Any accessory dwelling unit that has the potential to adversely impact a 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.
Conversion Of Existing or Proposed Space Of A Dwelling Or Existing Accessory Structure: Conversion of existing space or proposed wholly within a single-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.
Porches and Decks: No accessory dwelling unit 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 units.
Windows: Windows within ten feet (10') 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.

B. Minor Accommodation: Any proposed ADU that does not conform to the below objective standards set forth in this Section 10-3-5000 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.

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.

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.
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.
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, 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.

(Ord. 24-O-2892, eff. 4-18-2024; Ord. 24-O-2903, eff. 12-20- 2024; Ord. 26-O-2933, eff. 6-19-2026)

Exceptions & meaning →

10-3-5001: 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.

Number of Accessory Dwelling Units Allowed:

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.

Location: Detached accessory dwelling units shall be located behind the existing multi-family building on the site. Attached accessory dwelling units must be contained entirely within or attached to an existing or newly proposed and constructed multi-family structure.
Site Area: There is no minimum site area for accessory dwelling units or junior accessory dwelling units.
Unit Size:

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 comply with all applicable development standards for a new detached accessory dwelling units pursuant to section 10-3-5001 of this article.

Parking Required:

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.

(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.

Demolition of Garages, Carports, Covered Parking Structures or Existing Structures: 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.
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.
Height:

a. Detached accessory dwelling units shall not exceed a height of 24 feet.

b. Attached accessory dwelling units shall be subject to the same height limitations applicable to the primary dwelling structure on the site.

Setbacks.

a. Attached accessory dwelling units shall have side and rear setbacks of no less than four feet.

b. Detached accessory dwelling units shall have side and rear setbacks of no less than four feet, 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 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.

e. Separation: Newly constructed 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.

Maximum Site Density. Density limitations set forth in this municipal code shall not preclude the construction of accessory dwelling units that comply with the provisions of this code section.
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.
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.
Fire Sprinklers: An accessory dwelling unit 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.
Fees and Charges For Utilities: Accessory dwelling units shall not be considered new residential uses for purposes of calculating 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.
Utility Connections:

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.

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.
Porches and Decks:

a. No accessory dwelling unit 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 units.

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.

Windows: Windows within 10 feet of a side or rear property line and the closest side property line shall be at located at least six feet above finished grade, or shall be awning style windows with the ability to open a maximum of six inches (6") and shall be fitted with translucent glass.
Historic Resources: Any accessory dwelling unit that has the potential to adversely impact a 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.

B. 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 by applying for an R-4 permit pursuant to article 28.5 of this chapter, in accordance with Section 10-3-2850.J.

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.

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.
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.
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.

(Ord. 24-O-2892, eff. 4-18-2024; amd. Ord. 24-O- 2903, eff. 12-20-2024)

Exceptions & meaning →