Beverly Hills Municipal Code Art. 51 Transit-Oriented Development Alternative Plan Overlay Zone

The following definitions shall apply for the purposes of implementing the regulations of this article.

HOUSING DEVELOPMENT PROJECT: A housing development project is a use that consists of any of the following:

A. Residential units only;

B. Mixed use residential if:

1. At least two-thirds of the new or converted square footage is residential uses;

2. At least 50 percent of the new or converted square footage is residential uses and the project includes at least 500 net new residential units;

3. At least 50 percent of the new or converted square footage is residential uses and the project includes at least 500 net new residential units and the project involves the demolition or conversion of at least 100,000 square feet of nonresidential uses, and the project demolishes at least 50 percent of the existing nonresidential uses on the site;

4. Farmworker housing as defined in Health and Safety Code § 50199.7(h); or

5. Transitional or supportive housing.

A housing development project shall not include a project of which any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. For the purposes of this subdivision, the term "other transient lodging" does not include either of the following:

A. A residential hotel, as defined in Section 50519 of the Health and Safety Code.

B. After the issuance of a certificate of occupancy, a resident's use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, in a manner consistent with local law.

NET HABITABLE SQUARE FOOTAGE: The finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.

RESIDENTIAL FLOOR AREA RATIO (FAR): The ratio of net habitable square footage dedicated to residential use to the area of the lot.

SENATE BILL (SB) 79: The state bill known as the "Abundant and Affordable Homes Near Transit Act" and codified as Government Code § 65912.155 through 65912.162, inclusive that was adopted by the California state legislature and signed into law by the Governor of California on October 10, 2025, as it may be amended from time to time.

SB 79 HOUSING DEVELOPMENT PROJECT: A housing development project as defined in this section proposed on property subject to the SB 79 Alternative Plan Overlay Zone that invokes the provisions of this Article.

TRANSIT-ORIENTE D DEVELOPMENT STOPS: The Tier 1 transit-oriented development stops as defined in Government Code Section 65912.157(n) and (p) located in the City of Beverly Hills from which a radius is measured including the Metro stops located at: 1) the northeast corner of the intersection of Wilshire Boulevard and La Cienega Boulevard; and 2) the southwest corner of the intersection of Wilshire Boulevard and Reeves Drive; and the Tier 1 transit-oriented development stop located in the City of Los Angeles in proximity to the City of Beverly Hills's western boundary, and from which a radius is measured include the Metro stop located at the northeasterly corner of the intersection of Avenue of the Stars and Constellation Boulevard.

TRANSIT-ORIENTE D DEVELOPMENT ZONE: The area within one-half mile of a transit-oriented development stop, which shall be measured in a straight line from the pedestrian access point of the stop. (Ord. 26-O-2931, eff. 7-1-2026)

Notwithstanding any other provision of this code, pursuant to Government Code Sections 65912.155 through 65912.162, but excluding Section 65912.158, or any successor statute, the zoning provisions as enumerated in this article shall apply to only those parcels located in the R-1, R-1.X, R-1.5, R-1.5X, R-1.5X2, R-1.6X, R-1.7X, R-1.8X, R-4, RMCP, R-4X1, R-4X2, R-3, R-4-P, C-3, C-3T-1, C-3T-2, C-3T-3, C-3A, and C-3B zones located within the Transit-Oriented Development Alternative Plan Overlay Zone, which is hereby create, and shown on the "Transit-Oriented Development Alternative Plan Map", as measured from the transit-oriented development stops defined in this article. The Community Development Department shall maintain the "Transit-Oriented Development Alternative Plan Map", a copy of which is on file in City Hall and is incorporated in this chapter by reference, and said map shall govern as to the outline of any zones identified on such map. (Ord. 26-O-2931, eff. 7-1-2026)

The construction of a housing development project shall comply with the provisions of the underlying zone and any applicable overlay zone, and the applicable development standards in this chapter for the development of a single-family dwelling, multi-family housing project, or mixed use housing project as enumerated in Articles 18.7, 24, and 28 of this chapter, respectively, except that any SB 79 housing development project shall comply with the provisions of this Article, which shall prevail over any conflicting provision in this chapter, including conflicting provisions in the underlying zone or any other applicable overlay zone. (Ord. 26-O-2931, eff. 7-1-2026)

Notwithstanding any other provision of this chapter and notwithstanding the restrictions of the underlying zone or other applicable overlay zone, an SB 79 housing development project shall be a permitted use on parcels subject to the SB 79 Alternative Plan Overlay Zone standards set forth in this article. (Ord. 26-O- 2931, eff. 7-1-2026)

The minimum density for a housing development project shall be 30 dwelling units per acre. (Ord. 26-O-2931, eff. 7-1-2026)

A housing development project shall include a minimum of 5 dwelling units. (Ord. 26-O-2931, eff. 7-1-2026)

The average total area of floor space for all proposed units in a housing development project shall not exceed 1,750 net habitable square feet. (Ord. 26- O-2931, eff. 7-1-2026; amd. Ord. 26-O-2935, eff. 6-9-2026)

An SB 79 housing development project shall not be located on either of the following:

A. A site containing more than two units where the development would require the demolition of housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power that has been occupied by tenants within the past seven years.

B. A site that was previously used for more than two units of housing that were demolished within seven years before the development proponent submits an application under this section and any of the units were subject to any form of rent or price control through a public entity's valid exercise of its police power. (Ord. 26-O-2935, eff. 6-9-2026)

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, and as may be amended from time to time, shall apply to an SB 79 housing development project authorized pursuant to this article, except that any Objective Design Standard that would physically preclude the construction of the SB 79 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 guidance may be included in the ODS, which are intended to be advisory, do not impose mandatory requirements, and may be voluntarily used by applicants. (Ord. 26-O-2931, eff. 7-1-2026; amd. Ord. 26-O-2935, eff. 6-9-2026)

A. Units Required. In addition to complying with the inclusionary requirements in Article 48 of this Chapter, SB 79 housing development projects with more than 10 dwelling units must provide affordable units in the project as follows: a minimum of 7% extremely low-income units as defined in Section 50106 of the Health and Safety Code, 10% very low-income units as defined in Section 50105 of the Health and Safety Code, or 13% low-income units, as defined in Section 50079.5 of the Health and Safety Code. The percentages shall be calculated based on the base density unit count for the SB 79 housing development project, prior to the application of state law density bonus. Notwithstanding the foregoing, an SB 79 housing development project shall provide at a minimum the number of affordable housing units required by Section 10-3-4803 of this chapter.

B. Affordability Terms. The units shall have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code. All affordable rental units included in the housing development project required by this section shall remain affordable for a minimum of 55 years and all affordable ownership units included shall remain affordable for a period of 45 years, as guaranteed by a covenant and agreement between the City and the applicant, and recorded with the Clerk of the County of Los Angeles. (Ord. 26-O-2931, eff. 7-1-2026; amd. Ord. 26-O-2935, eff. 6-9-2026)

An SB 79 housing development project shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Government Code Section 65915, and the density allowed under this article shall be used as the base density for purposes of density bonus calculations.

A. Request for Height Increase. Pursuant to Government Code Section 65912.157(d), the City is not required to grant a waiver, incentive, or concession pursuant to Government Code Section 65915 for additional height beyond that specified in this article, except as provided in subparagraph (D) of paragraph (2) of subdivision (d) of Section 65915.

B. Additional Concessions. A SB 79 housing development project with a minimum density of 90 dwelling units per acre and that otherwise meets the eligibility requirements of Section 65915, including, but not limited to, affordability requirements, shall be eligible for additional concessions pursuant to Section 65915 as follows:

1. Three additional concessions for a housing development project providing housing for extremely low income households.

2. Two additional concessions for a housing development project providing housing for very low income households.

3. One additional concession for a housing development project providing housing for low-income households. (Ord. 26-O-2931, eff. 7-1-2026; amd. Ord. 26-O-2935, eff. 6-9-2026)

Unless subject to alternate processing as may be required by state law, an SB 79 housing development project is subject to development plan review pursuant to Article 31 of this Chapter. (Ord. 26-O-2931, eff. 7-1-2026; amd. Ord. 26-O-2935, eff. 6-9-2026)

A. The SB 79 Alternative Plan Overlay Zone is divided into subareas as described below and shown on the Transit-Oriented Development Alternative Plan map adopted by the City Council and on file with the Community Development Department.

1. Area A includes parcels that are located within one-quarter mile of a transit-oriented development stop, as shown on the Transit-Oriented Development Alternative Plan map.

2. Area B includes parcels within a single-family residential zone and are located within one-quarter mile of a transit-oriented development stop, as shown on the Transit-Oriented Development Alternative Plan map.

3. Area C includes all parcels that are located within a 200-foot radius of a transit-oriented development stop, as shown on the Transit-Oriented Development Alternative Plan map.

4. Area D includes all parcels in the Mixed Use Overlay Zone (MUOZ) as identified in Article 18.7 of this chapter that are not adjacent to a single-family residential zone and are located within 200 feet of the transit-oriented development stop located at the northeast corner of the intersection of Wilshire Boulevard and La Cienega Boulevard, as shown on the Transit-Oriented Development Alternative Plan map.

B. The maximum number of units allowed on a parcel shall be determined by multiplying the maximum allowed density by the acreage of the parcel. If the calculation results in fractional units, the number shall be rounded up to the next whole number. (Ord. 26-O-2931, eff. 7-1-2026; amd. Ord. 26-O-2935, eff. 6-9-2026)

A. Area A: The maximum number of residential units that may be included in a housing development project in Area A is 120 dwelling units per acre.

B. Area B: The maximum number of residential units that may be included in a housing development project in Area B is 60 dwelling units per acre.

C. Area C: The maximum number of residential units that may be included in a SB 79 housing development project in the Area C is 160 dwelling units per acre.

D. Area D: The maximum number of residential units that may be included in a SB 79 housing development project in Area D is 201 dwelling units per acre. (Ord. 26-O-2931, eff. 7-1-2026; amd. Ord. 26-O-2935, eff. 6-9-2026)

A. Area A: A maximum floor area ratio (FAR) of 3.5 to 1 shall be permitted for a housing development project in Area A.

B. Area B: A maximum floor area ratio (FAR) of 2.5 to 1 shall be permitted for a housing development project in Area B.

C. Area C: A maximum floor area ratio (FAR) of 4.5 to 1 shall be permitted for a SB 79 housing development project in Area C.

D. Area D: A maximum floor area ratio (FAR) of 8.5 to 1 shall be permitted in a SB 79 housing development project in Area D. (Ord. 26-O-2931, eff. 7-1- 2026; amd. Ord. 26-O-2935, eff. 6-9-2026)

A. Area A: A maximum height of 75 feet shall be permitted for a housing development project in Area A.

B. Area B: A maximum height of 44 feet shall be permitted for a housing development project.

C. Area C: A maximum height of 95 feet shall be permitted for a SB 79 housing development project in Area C.

D. Area D: A maximum height of 132 feet shall be permitted for a SB 79 housing development project in Area D. (Ord. 26-O-2931, eff. 7-1-2026; amd. Ord. 26-O-2935, eff. 6-9-2026)