Beverly Hills Municipal Code Art. 31 Development Plan Review

Notwithstanding any other provision of this Code or ordinance of the City of Beverly Hills, the following shall not be established unless a development plan review is approved pursuant to the provisions of this article unless exempted pursuant to section 10-3-3101 of this article:

A. All uses involving new construction that requires the issuance of a building permit other than new construction subject to a discretionary permit under this chapter (excluding architectural review) or any other interim zoning ordinance of the City.

B. All rooftop gymnasiums and lunchrooms permitted pursuant to section 10-3-3107 of this article.

C. All projects constructed pursuant to a density bonus permit.

D. All new parking lots. A new parking lot shall mean a parking lot established in a location not previously used for parking purposes.

E. Conversion of parking to a commercial parking lot. Parking shall be considered to be converted to a commercial parking lot upon the initial posting of signs advertising the availability of such parking to the general public. Nothing in this subsection shall require development plan review of an existing parking lot that currently contains signage advertising the availability of parking to the general public. Signage indicating the availability of parking for patrons or employees of a commercial establishment shall not be considered to be signage advertising the availability of parking to the general public.

F. All common interest development projects, as defined in chapter 2, article 7 of this title.

G. All projects which would increase the floor area of a structure or building by two thousand five hundred (2,500) square feet or more.

H. All projects that would increase the height of a structure or building more than twenty-four (24) inches, but not exceeding the maximum height limit otherwise applicable to the zone nor resulting in an additional story, unless the addition or alteration is specified in this chapter as an element not considered when determining building height.

I. Any multi-family residential project requesting up to five (5) deviations from the Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this chapter that are requested through incentives, concessions, or waivers as part of a state density bonus project (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute).

J. As otherwise required by this chapter. (Ord. 18-O-2755, eff. 7-20-2018; amd. Ord. 22-O-2860, eff. 6-10-2022; Ord. 25-O-2925, eff. 11-28-2025; Ord. 26-O-2933, eff. 6-19-2026)

The development plan review procedure required by this article shall not apply to the following:

A. Single-family residences and accessory uses permitted in single-family zones except single-family residences constructed pursuant to a density bonus permit.

B. Signs.

C. Sculptures or other types of artwork.

D. Landscaping not involving any new construction of buildings or structures on the site.

E. Facade remodeling of existing buildings or structures not increasing the square footage by two thousand five hundred (2,500) square feet or more, or the height of the building or structure.

F. Awnings.

G. Encroachment permits approved by the City Council.

H. New construction involving less than two thousand five hundred (2,500) square feet of new or additional floor area that does not increase the height of the structure or building and is not for the purpose of establishing a rooftop gymnasium or lunchroom pursuant to section 10-3-3107 of this article, or an automatic teller machine adjacent to a public right-of-way.

I. Resurfacing, restriping and similar alteration of an existing legally nonconforming surface parking facility.

J. Satellite dish antennas permitted as accessory uses pursuant to section 10-3-4503 of this chapter.

K. Wireless telecommunication antenna facilities permitted without a conditional use permit pursuant to section 10-3-4509 of this chapter. (Ord. 11-O-2615, eff. 12-16-2011)

A. The Planning Commission shall be the reviewing authority for all development plan review applications involving the following:

1. Projects in the C-5 or Public Service Zone involving new construction with a floor area ratio greater than 1.5, other projects in those zones involving more than forty thousand (40,000) square feet of new or additional floor area, and projects in any other zone involving more than fifteen thousand (15,000) square feet of new or additional floor area.

• 2. Multi-family residential projects involving five (5) or more new units.
• 3. Any project requiring the granting of a variance.
• 4. Rooftop gymnasiums and lunchrooms in the C-3, C-R, C-3A, and C-3B Zones.
• 5. Any project referred to the Planning Commission by the Planning Director.

6. All common interest development projects, as defined in chapter 2, article 7 of this title.

7. Any project constructed pursuant to a density bonus permit.

8. Any multi-family residential project requesting up to five (5) deviations from the Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this chapter that are requested through incentives, concessions, or waivers as part of a state density bonus project (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute).

The reviewing authority for all other projects subject to the provisions of this article shall be the City Planning Director or such other person that may be designated by the City Manager. The Planning Director or such other designated person may refer to the Planning Commission any project that the Director or other designated person deems appropriate for review by the commission due to the size, location, or other characteristics or impacts of the project. (Ord. 11-O-2615, eff. 12-16-2011; amd. Ord. 25-O-2925, eff. 11-28-2025)

A. A public hearing shall be held by the Planning Commission on all applications for which it is the reviewing authority. Noticing shall be completed in accordance with article 2.5 of this chapter and the City's public notice guidelines. A public hearing shall not be required for applications subject to review by the Director of Planning and Community Development pursuant to this article.

B. A public hearing shall be held by the City Council on all applications for which it is the reviewing authority pursuant to the procedures set forth in subsection A of this section. (Ord. 14-O-2661, eff. 6-20-2014)

Except as provided in this section for development plans to be located in the C-5 Zone and reviewed by the Director of Planning and Community Development, the reviewing authority shall approve a development plan review application only if it makes all of the following findings:

A. The proposed plan is consistent with the general plan and any specific plans adopted for the area, and complies with all development standards and Objective Design Standards as adopted by Resolution of the City Council pursuant to section 10-3-2800.5 of this chapter, unless deviations from standards are authorized through state density bonus law (pursuant to Government code section 65915 through 65918, et. Seq or any successor statute) or pursuant to section 10-3-3100 of this chapter.

B. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

For those proposed plans to be located in the C-5 Zone that are reviewed by the Planning Commission, the commission shall consider the factors set forth in section 10-3-2021 of this chapter as part of the commission's determination regarding whether a project will promote harmonious development of the area.

C. The nature, configuration, location, density, height and manner of operation of any commercial development proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property.

D. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.

E. The proposed plan will not be detrimental to the public health, safety or general welfare.

In approving a development plan application, the reviewing authority may impose such conditions as it deems appropriate to protect the public health, safety and general welfare.

With regard to development plans to be located in the C-5 Zone and to be reviewed by the Director of Planning and Community Development, the review of the Director shall be ministerial and limited to whether such building conforms to the requirements of the C-5 Zone. (Ord. 11-O-2615, eff. 12-16-2011; amd. Ord. 25-O-2925, eff. 11-28-2025)

The decision by the Planning Commission on a development plan application shall be by resolution. Such decision may be appealed to the City Council in the manner provided by title 1, chapter 4, article 1 of this Code. The decision by the planning official shall be in writing and may be appealed to the Planning Commission in the same manner as the appeal of a Planning Commission decision to the City Council.

In addition, the Planning Commission may order a review of a decision by the Planning Director in the same manner that the City Council may order the review of a Planning Commission decision pursuant to title 1, chapter 4, article 2 of this Code. (Ord. 90-O-2100, eff. 9-13-1990; amd. Ord. 95-O-2239, eff. 7-7-1995)

Unless otherwise provided in the resolution granting a development plan review approval, the exercise of rights granted in such approval shall be commenced in accordance with the time limits imposed by section 10-3-207 of this chapter.

Notwithstanding the provisions of section 10-3-207 of this chapter, those projects located in any C-3 or C-5 Zone that: a) have rights pursuant to a resolution granting development plan approval that was adopted prior to November 15, 1996, and b) are more particularly located in those areas subject to the provisions of title 9, chapter 7, "Protection Of Subterranean Construction From Water Intrusion", of this Code, as originally adopted, may have the time limit imposed pursuant to this section extended by as many as seven (7) years after the adoption of the initial final resolution granting development plan approval. (Ord. 90-O-2100, eff. 9-13-1990; amd. Ord. 95-O-2239, eff. 7-7-1995; Ord. 98-O-2305, eff. 8-21-1998; Ord. 02-O-2411, eff. 11-22-2002)

A. Notwithstanding any provisions to the contrary contained in this title, and subject to architectural review pursuant to article 30 of this chapter, the following rooftop uses may be permitted in accordance with the standards outlined in this section:

1. Rooftop uses in the C-3, C-R, C-3A, and C-3B Zones that exceed the height, story, and/or density limitations otherwise applicable to the development. For the purposes of this subsection A1, rooftop uses shall include gymnasiums, lunchrooms and structures or uses ancillary to such lunchrooms, unenclosed terraces that are ancillary to a gymnasium or lunchroom, and unenclosed architectural features that are not otherwise excluded from the definition of "height of building" in section 10-3-100 of this chapter. Such rooftop uses may be permitted by the Planning Commission provided that as to any such rooftop uses:

a. The Planning Commission grants a development plan review in accordance with the procedures and findings set forth in this article.

b. The additional height above the maximum height limit otherwise applicable to the development will not exceed fifteen feet (15'). Furthermore, in no event shall the distance between the floor and ceiling of the gymnasium or lunchroom and structures or uses ancillary to such lunchroom exceed fifteen feet (15').

c. The total floor area of the rooftop use shall not exceed the maximum allowable floor area otherwise applicable to the development by more than: 1) three thousand five hundred (3,500) square feet; 2) fifty percent (50%) of the total area of the story immediately below the rooftop use; or 3) ten percent (10%) of the total floor area of the development, whichever is less.

d. The total area of any unenclosed terraces that are ancillary to a rooftop use, or unenclosed architectural features shall not exceed fifty percent (50%) of the total area of the story immediately below the rooftop use.

e. Unless otherwise authorized by the Planning Commission as part of the development plan review, no food service, other than vending machines, shall be provided in connection with the rooftop use.

f. The subject structure provides not less than the minimum number of parking spaces required by this section as of the date when building permits for the structure were issued. In addition, two (2) parking spaces shall be provided for any rooftop gymnasium and additional parking as may be required pursuant to subsection A1l of this section shall be provided.

g. Unless otherwise authorized by the Planning Commission as part of the development plan review, only persons who work in the building or are registered hotel guests shall be permitted to use the rooftop facilities.

h. No admittance or use fees shall be charged for the use of the rooftop facilities.

i. The rooftop uses permitted pursuant to this subsection A1 shall be set back from the front property line or from the required front setback line immediately adjacent thereto, whichever is the more restrictive, so that a forty five degree (45°) angle to such line is not intersected. In addition, all enclosed rooftop structures shall be set back a minimum of five feet (5') from the street-facing facade of the story immediately below.

j. Notwithstanding the provisions of subsection A1i of this section, unenclosed architectural features approved pursuant to this section may intersect a forty five degree (45°) angle to the vertical plane of the nearest outside wall if the Planning Commission finds that such features are architecturally compatible with the building and will not adversely impact the building's scale and massing.

k. Notwithstanding the provisions in the definition of "height of building" in section 10-3-100 of this chapter permitting certain elements to be located above maximum height limits, only those elements required by law to project above the roof deck shall be permitted to exceed the fifteen foot (15') height limit of the structure enclosing the rooftop use permitted herein.

l. The Planning Commission may modify the area limitations set forth in subsections A1c, item 2, A1c, item 3, and A1d of this section, provided that additional parking is provided for such rooftop uses. The amount of additional parking required shall be established by the Planning Commission as part of the development plan review.

m. A landscape plan is required to be submitted as part of the development plan review application for a rooftop use.

2. Rooftop uses in the City's commercial zones that do not exceed the height, story, and density limitations otherwise applicable to the development. For the purposes of this subsection A2, rooftop uses shall include gymnasiums, lunchrooms and structures or uses ancillary to such lunchrooms, and unenclosed terraces that are ancillary to a gymnasium or lunchroom located above the top story of the building. Such rooftop uses may be permitted by the Planning Commission provided that as to any such rooftop uses:

a. The Planning Commission grants a development plan review in accordance with the procedures and findings set forth in this article.

b. The total floor area of the rooftop use shall not exceed: 1) three thousand five hundred (3,500) square feet; 2) fifty percent (50%) of the total area of the story immediately below the rooftop use; or 3) ten percent (10%) of the total floor area of the development, whichever is less.

c. The total area of any unenclosed terraces that are ancillary to a rooftop use, or unenclosed architectural features shall not exceed fifty percent (50%) of the total area of the story immediately below the rooftop use.

d. Unless otherwise authorized as part of the development plan review, no food service, other than vending machines, shall be provided in connection with the rooftop use.

e. The subject structure provides not less than the minimum number of parking spaces required by this Code as of the date when building permits for the structure were issued. In addition, two (2) parking spaces shall be provided for any rooftop gymnasium and additional parking as may be required pursuant to subsection A2i of this section.

f. Unless otherwise authorized as part of the development plan review, only persons who work in the building or are registered hotel guests shall be permitted to use the rooftop facilities.

g. No admittance or use fees shall be charged for the use of the rooftop facilities.

h. Unless otherwise authorized as part of the development plan review, the rooftop uses permitted pursuant to this subsection A2 shall be set back from the front property line or from the required front setback line immediately adjacent thereto, whichever is the more restrictive, so that a forty five degree (45°) angle to such line is not intersected.

i. The Planning Commission may modify the area limitations set forth in subsections A2b, item 2, A2b, item 3, and A2c of this section, provided that additional parking is provided for such rooftop uses. The amount of additional parking required shall be established by the Planning Commission as part of the development plan review.

j. A landscape plan is required to be submitted as part of the development plan review application for a rooftop use.

3. Rooftop uses in that portion of the C-3 Zone, known as the business triangle, bounded to the northeast by the alley parallel to and northwest of Crescent Drive, to the southwest by the north side of Wilshire Boulevard and to the northwest by Santa Monica Boulevard north roadway, that exceed height, story and/or density regulations otherwise applicable to the development. Such rooftop uses may be permitted by the Planning Commission provided that as to any such rooftop uses:

a. The rooftop use is not an office, storage use, or a restaurant use unless such use is a rooftop dining or rooftop open air dining use in the business triangle approved and permitted pursuant to section 10-3-3107.5 of this chapter.

b. The Planning Commission grants a development plan review in accordance with the procedures and findings set forth in this article.

c. In addition to the findings set forth in section 10-3-3104 of this chapter, the Planning Commission finds that the proposed rooftop use will be of such limited intensity, frequency and/or duration so as not to significantly and adversely impact traffic and circulation in the surrounding area.

d. The additional height above the maximum height limit otherwise applicable to the development shall not exceed fifteen feet (15').

e. The floor area ratio of the building shall not exceed two to one (2:1). However, if the floor area ratio of the building exceeds two to one (2:1) prior to the establishment of a rooftop use, then the rooftop use may be established if a portion of the existing building is removed or converted to a use which is not calculated as "floor area" as defined in section 10-3-100 of this chapter so that there is no net increase in the existing floor area of the building.

f. The combined area of the rooftop use and the area designated for mechanical equipment does not exceed fifty percent (50%) of the total area of the story immediately below.

g. The additional structure shall be set back from the intersection of the roof deck and the face of any exterior wall of the floor immediately below that faces a public right-of-way so that a forty five degree (45°) angle to the vertical plane of such exterior wall is not intersected.

4. Rooftop unenclosed terraces and unenclosed architectural features located in the C-3, C-R, C-3A and C-3B Zones that are: a) not ancillary to a gymnasium or lunchroom; and b) that are not otherwise excluded from the definition of "height of building"; may be permitted by the Director of Community Development, or may be forwarded by the Director to the Planning Commission for consideration, provided that as to any such unenclosed rooftop uses:

a. The Director of Community Development or Planning Commission grants a development plan review in accordance with the procedures and findings set forth in this article.

b. Unless otherwise authorized by the Planning Commission, the total area of the unenclosed terraces and unenclosed architectural features shall not exceed fifty percent (50%) of the total area of the story immediately below the unenclosed rooftop use.

c. Unless otherwise authorized as part of the development plan review, no food service shall be provided in connection with the unenclosed terraces and unenclosed architectural features.

d. Unless otherwise authorized as part of the development plan review, only persons who work in the building or are registered hotel guests shall be permitted to use the unenclosed terraces and unenclosed architectural features.

e. No admittance or use fees shall be charged for the use of the unenclosed terraces and unenclosed architectural features.

f. Unless otherwise authorized as part of the development plan review, the unenclosed rooftop uses permitted pursuant to this subsection A4 shall have a seventy two inch (72") tall barrier, with the use of transparent material required above forty five inches (45") in height, for any building side located within five feet (5') of a public street or facing any residentially zoned property.

g. Unenclosed architectural features permitted pursuant to this subsection A4 shall be set back from the front property line or from the required front setback line immediately adjacent thereto, whichever is the more restrictive, so that a forty five degree (45°) angle to such line is not intersected.

h. A landscape plan is required to be submitted as part of the development plan review application for a rooftop use.

B. In approving an application for a rooftop use, the Planning Commission may impose such conditions as it deems appropriate, including, without limitation, a condition that requires the subject property owner to record a covenant that a rooftop facility shall only be used for the specific use proposed, and requiring the applicant annually to attest at the time of application for or renewal of its City business license that the rooftop facility is only used for the specific use permitted. (Ord. 17-O-2733, eff. 6-16-2017; amd. Ord. 21-O-2843, eff. 10-15-2021)

Notwithstanding any provisions to the contrary contained in this chapter, rooftop dining and rooftop open air dining uses may be permitted subject to the following:

A. Rooftop Dining Standards:

1. The proposed use complies with the definitions of a "rooftop dining use" and "rooftop open air dining use", as defined in section 10-3-100 of this chapter.

2. The proposed use is located on a property in the C-3 Commercial Zone in the business triangle, defined as the area bounded to the northeast by the alley parallel to and northwest of Crescent Drive, to the southwest by the north side of Wilshire Boulevard and to the northwest by Santa Monica Boulevard north roadway. Specific plans and/or overlay zones approved through a planned development that apply to properties located in the C-3 Commercial Zone in the business triangle shall control the allowable use and development of such properties, and shall be separately amended to allow rooftop dining uses.

3. Any element of an enclosed rooftop restaurant and/or related unenclosed rooftop structure:

a. May not exceed 15 feet above the adjacent roof deck;

b. Shall be set back from the intersection of the roof deck and the face of any exterior wall of the floor immediately below that faces a public street so that a forty five degree (45°) angle to the vertical plane of such exterior wall is not intersected; and

c. Has an enclosed floor area total that shall not exceed the lesser of (1) three thousand five hundred (3,500) square feet; (2) fifty percent (50%) of the total floor area of the story immediately below the rooftop use; or 3) ten percent (10%) of the total floor area of the development. Such area shall not be counted towards the floor area limitation otherwise applicable to the property.

d. Shall be permanently affixed to the rooftop. This requirement shall not apply to furniture or other typical features in the dining area, but only the enclosed and/or unenclosed structures.

4. A landscape buffer is provided along all rooftop edges that face a public street. The landscape buffer shall be permanently affixed to the rooftop, at least forty-two inches (42") in height, and may be comprised of living and/or nonliving plant materials.

5. Parking for any indoor restaurant floor area on the rooftop or rooftop open air dining shall be provided pursuant to the requirements for "eating and bar facilities located in the Business Triangle" and "open air dining on private property" in section 10-3-2730 of this chapter. If the rooftop dining use requires more parking spaces than are provided on-site, the requirement for the rooftop dining may be satisfied through the use of off-site parking located within seven hundred and fifty feet (750') of the use site, provided that at a minimum the required parking spaces are secured through a lease that makes such parking spaces available from six o'clock (6:00) P.M. to ten o'clock (10:00) P.M. on weekdays, and during operating hours of the rooftop dining use on the weekends. If off-site parking is used to satisfy parking requirements for the rooftop dining use, valet parking services must also be provided during the time periods stated above and whenever the off-site parking is in use.

6. Background music on the rooftop is permitted, as long as the music is not noticeably audible beyond the site property lines. The only form of live entertainment permitted on a rooftop dining area shall be a musical performance by no more than two (2) performers. For purposes of these regulations, a disc jockey is considered a performer, as is any other person whose performance is comprised of selecting or manipulating prerecorded selections of music, so long as the live music is not noticeably audible beyond the property lines. Areas where musicians perform may not be located on any raised platform, stage or other mechanism designed to enhance the visibility of the musicians to patrons and may not have any special lighting other than ambient lighting and lighting specifically focused upon and designed to illuminate any sheet music the musicians might use.

7. Rooftop dining areas, including any associated bar areas, shall not be accessible to the public unless the restaurant is operating.

8. A designated waiting area that is not located on the public right-of-way shall be provided for patrons.

B. Rooftop Dining Use Permit. A rooftop dining use that complies with the standards in section 10-3-3107.5 A. of this chapter shall be reviewed and approved, subject to the following review procedures:

1. Required Findings.

a. The proposed rooftop dining use is consistent with the general plan;

b. The proposed rooftop dining use will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area;

c. The nature, configuration, location, density, height and manner of operation of the rooftop dining use will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property; and

d. The proposed rooftop dining use will not be detrimental to the public health, safety or general welfare.

2. Reviewing Authority. The Director of Community Development or their designee shall be the reviewing authority for all rooftop dining permits, however, if in the opinion of the Director, 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 for such rooftop dining permit and shall conduct a noticed public hearing regarding the requested rooftop dining permit.

3. Notice. Noticing shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines.

4. Restrictions and Conditions. In granting a rooftop dining permit, the reviewing authority may impose such restrictions or conditions as it deems necessary or proper to satisfy the findings required.

5. Appeals from Decisions. The applicant or any person aggrieved by any decision of the planning commission regarding an open air dining permit may appeal the decision to the city council. Any decision of the director pursuant to this article may be appealed to the planning commission, and any decision of the planning commission on appeal may be appealed to the city council. Any appeals pursuant to this section shall be pursued in a manner consistent with the procedures set forth in title 1, chapter 4, article 1 of this code, shall be in writing, and shall be received by the city clerk within fourteen (14) days after the date of the reviewing authority's action.

6. Pilot Program. In order to ensure that proposed rooftop dining uses are consistent with the intent of this ordinance, the Director of Community Development shall forward the first three Rooftop Dining Permits submitted for review to the Planning Commission. The fee and public noticing for such review shall be consistent with the requirements for a Director-level review. (Ord. 21-O-2843, eff. 10-15-2021)

Nothing required by this article shall be construed to supersede the requirements set forth in chapter 2, article 7 of this title regarding the conversion of the form of ownership of an existing rental apartment building to a common interest development within the meaning and definitions of that article. (Ord. 06-O-2497, eff. 4-6-2006; amd. Ord. 11-O-2615, eff. 12-16-2011)