Item F-2 Agenda Report — Beverly Hills City Council, November 15, 2022

AGENDA REPORT
Meeting Date: November 15, 2022
Item Number:

To: Honorable Mayor & City Council
From: Timothea Tway, AICP, City Planner
Chloe Chen, Associate Planner
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING

REGULATIONS IN THE BEVERLY HILLS MUNICIPAL CODE

RELATED TO THE ADJUSTMENT OF LOT LINES THAT WOULD

CREATE OR EXPAND LOTS ACROSS THE JURISDICTIONAL
BOUNDARIES OF THE CITY; AND

PURSUANT TO THE PROVISIONS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA), THE CITY COUNCIL WILL

ALSO CONSIDER FINDING THE ORDINANCE EXEMPT FROM
CEQA.

Attachments: 1. Draft Ordinance

2. Draft Redline Ordinance

3. Planning Commission Resolution No. 2004

4. Urgency Ordinance No. 21-O-2833

5. Ordinance No. 21-O-2834

6. Ordinance No. 22-O-2855

7. City Council Agenda Report on Urgency Ordinance - January 26, 2021 (without attachments)

8. City Council Agenda Report on Lot Line Adjustment – January 26, 2021 (without attachments)

9. Public Correspondence

RECOMMENDATION
Pursuant to the Planning Commission’s review and recommendation, staff recommends the City Council move to waive the full reading of the ordinance and introduce and read by title only the ordinance entitled “AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING REGULATIONS IN THE BEVERLY HILLS MUNICIPAL CODE RELATED

TO THE ADJUSTMENT OF LOT LINES THAT WOULD CREATE OR EXPAND LOTS ACROSS THE JURISDICTIONAL BOUNDARIES OF THE CITY”. The draft ordinance as recommended by the Planning Commission is included in Attachment 1.

F-2
Meeting Date: November 15, 2022

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INTRODUCTION
In January 2021, the City Council adopted an urgency ordinance to prohibit the approval of lot line adjustments that would create or expand a lot that crosses the jurisdictional boundaries of the City. The urgency ordinance was created due to the realization that such lot line adjustments could result in development that is inconsistent with the City’s General Plan policies and programs related to land use, as well as the City’s zoning regulations. The City Council has extended the urgency ordinance for its maximum effective period, with an expiration date of January 25, 2023. Given this upcoming expiration date, staff has drafted an ordinance with permanent regulations to replace those in the urgency ordinance, with the intent that, if adopted, the permanent regulations would become effective before the urgency ordinance expires. On October 13, 2022, the Planning Commission reviewed a draft ordinance to amend the existing lot line adjustment standards, and adopted Planning Commission Resolution No. 2004 (Attachment 3) to recommend the ordinance for approval by the City Council by a unanimous vote. The draft ordinance is being presented at this time for the City Council’s review and first reading, and this report summarizes the proposed changes in the draft ordinance.

DISCUSSION
Background
At the City Council meeting held on January 12, 2021, an issue arose on appeal from the Planning Commission’s October 22, 2020 denial of a requested lot line adjustment, which proposed to move a lot line away from the City boundary to create a parcel located both within the City of Beverly Hills and the City of Los Angeles in the Trousdale Estates Area of the City. The City Council expressed concerns about the relocation of property lines that coexist with the city’s boundary line, and asked staff to look into the issue and place a matter on a future agenda to consider whether property line relocations are appropriate in those circumstances. Additional background information on the City Council resolution denying a Lot Line Adjustment to create two lots from three existing lots located at 1034 Hillcrest Road in Beverly Hills and 9468 West Sierra Mar Drive in Los Angeles, and rejecting an appeal from the Planning Commission’s denial is available in the staff report (Attachment 8).

On January 26, 2021, the City Council adopted an urgency ordinance (Attachment 4) to prohibit lot line adjustments that would create or expand a lot across the jurisdictional boundaries between the city of Beverly Hills and an adjacent city. More specifically, the ordinance prohibited the adjustment of any lot line that is coterminous with the boundary of the city, away from the city boundary given concerns regarding potential impacts to the public health, safety, and welfare resulting from a parcel under split jurisdiction. On March 2, 2021, the City Council adopted Ordinance No. 21-O-2834 (Attachment 5) to extend the effectiveness of the urgency ordinance for an additional ten months and fifteen days after the initial 45 days of the urgency ordinance effective period. On January 18, 2022, the City Council adopted Ordinance No. 22-O-2855 (Attachment 6) to further extend the effectiveness of the urgency ordinance for a one-year period, setting the expiration date for the urgency ordinance to January 26, 2023. These extensions were necessary in order to provide additional time for staff to study possible permanent regulations, and prepare a draft ordinance for consideration by the Planning Commission and City Council for adoption.

On October 13, 2022, the Planning Commission conducted a public hearing, received public comments, and reviewed the draft ordinance. The public comments submitted were generally in support of the draft ordinance. However, one member of the public expressed concern that her property (1276 Beverly Green Drive) would be adversely Meeting Date: November 15, 2022

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affected by the regulations in the draft ordinance, and highlighted that her property was split into two lots, with one located in the city of Beverly Hills and one located in the city of Los Angeles. The Planning Commission recognized the potential negative effects to the particular property and directed staff to amend the draft ordinance to exempt 1276 Beverly Green Drive from the proposed regulations. The Commission then adopted a resolution to recommend that the City Council approve the draft ordinance, as amended.

Regulations in the Draft Ordinance
The majority of properties on the City’s border are defined, in part, by a property line that overlays the city boundary, and the Beverly Hills Municipal Code (BHMC) currently, on a temporary basis pursuant to the above noted urgency ordinances, prohibits the adjustment of a lot line on a single-family property that is coterminous with the city boundary resulting in a parcel or parcels located both within the city of Beverly Hills and another city. Before enactment of the urgency ordinances, the issue was not addressed by the City’s regulations. The draft ordinance only applies to single-family properties that are seeking a lot line adjustment and does not apply to multi-family residential areas because multi-family residential development would automatically be reviewed by the Planning Commission through an existing discretionary review process. Single-family residential developments do not automatically require review by either the Director of Community Development or the Planning Commission; however, the draft ordinance would ensure that a single-family residential development crossing city boundaries would not be permitted to request a lot line adjustment to create or expand a lot over the boundaries.

The City does not have authority over development of land outside of the Beverly Hills City boundary, and thus within the jurisdiction of another city. Accordingly, when a parcel is located both within the City of Beverly Hills and another city, a portion of the parcel is subject to the City’s regulations and development standards, and a portion of the parcel is subject to the regulations and development standards of that other city.

Because the City’s General Plan and zoning and building ordinances would not apply to the portion of the lot which is located in another city’s jurisdiction, a lot line adjustment that results in a lot with split jurisdiction, and any subsequent development of the splitjurisdiction lot, may not conform to the City’s General Plan or the City’s zoning and building ordinances. This may negatively impact the public health, safety, and welfare because buildings that do not comply with Beverly Hills codes may be built with Beverly Hills access, utilities, and other services, and buildings can be built under another city’s zoning regulations without appropriate setbacks, height limitations, or other development standards.

A summary of the proposed regulations in the draft ordinance is provided below. Please note that staff has also added further clarifying language to several sections in the ordinance, which was not included in the draft ordinance presented to the Planning Commission. These additions do not change the intent of the ordinance, but further clarify the regulations and make explicit certain requirements that are already applied to lot line adjustments.
• BHMC §10-2-303 - Lots
o Subsection E: This section (10-2-303 E.) currently prohibits the adjustment of a lot line of a property that would create or expand a lot that crosses the city boundaries. The proposed amendment would also prohibit the adjustment of lot lines that are coterminous with the city boundary to be adjusted away from the city boundary, and would limit the applicability of this provision only to lots in single-family residential zones.

Meeting Date: November 15, 2022

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 Per the direction of the Planning Commission, the draft ordinance also includes a new section that exempts the property located at 1276 Beverly Green Drive from the restrictions in the previous code section. o Subsection F: The subsequent code section (10-2-303 F.) currently allows that if a parcel is to be subdivided, and the location of the lot in reference to surrounding property creates an undue and unusual hardship, a Variance may be requested to grant relief from the specified lot standards. The draft ordinance includes new language stating that if the land being altered as a result of a lot line adjustment also creates an undue and unusual hardship, this would also be eligible for relief through a Variance request.
• BHMC §10-2-805 - Approval of Lot Line Adjustments
o This section has been revised to clarify that the Director of Community Development may forward a Lot Line Adjustment application to the Planning Commission for review, if the Director believes the request merits review by the Commission. This is a procedural clarification pertaining to Lot Line Adjustment applications.
o In addition, further clarifying language that was not previously reviewed by the Planning Commission was added to this section, which clarifies that the public noticing procedures for lot line adjustments shall be processed pursuant to the requirements for a planning review in Article

2.5 of the zoning code. This requirement already applied, but a crossreference has been added to make this explicit. Language has also been added to subsection C. of BHMC §10-2-805 to explicitly state that the lot line adjustment must conform to the local general plan and any applicable specific plans. This requirement already exists in Government Code Section 66412(d), but was similarly added to make this explicit in the zoning code.
• BHMC §10-2-806 - Appeals
o This section clarifies that if a Lot Line Adjustment application is forwarded for initial review to the Planning Commission, this decision may be appealed to the City Council pursuant to the procedures already set forward in the BHMC. In addition, this section clarifies that if the Director is the initial reviewing authority for the Lot Line Adjustment application, then the Director’s decision may be appealed to the Planning Commission. One clarification that has not been previously reviewed by the Planning Commission was also added, which clarifies that the appeal of a Planning Commission decision to the City Council would also be appealable by the applicant only. This restriction regarding appeals already applies to lot line adjustments processed at the Director-level, and was also intended to apply to lot line adjustments processed at the Commission-level.
o The appeal period for an action that is reviewed by the Director of Community Development has also been changed from fifteen days to fourteen days in order to bring it into consistency with the appeal period for actions appealed to the City Council (pursuant to Title 1, Chapter 4, Article 1 of the BHMC).
• BHMC §10-2-807 – Decision of the Planning Commission
o This section has also been updated to clarify that if the decision of the Director on a Lot Line Adjustment application is appealed to the Planning Meeting Date: November 15, 2022

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Commission, the Commission may uphold, reject, or modify this decision.

Such decision by the Commission is also further appealable to the City Council pursuant to the procedures already set forward in the BHMC.

Lot Tie Covenant Policy
In addition, staff plans to implement a policy to also prohibit lot tie covenants that would create a lot with split jurisdiction within a single-family residential zone, by either combining a lot in Beverly Hills with a lot in a neighboring city, or by combining a lot in Beverly Hills with a lot with pre-existing split jurisdiction conditions. A lot tie or single-site covenant is a mechanism that effectively combines two adjacent lots by requiring that the lots be treated as one site. The distinction between a lot tie and single-site covenant is that a lot tie will actually create one parcel by removing the common property line, while a single-site covenant simply states that the two lots will be treated as one site with both lots held together by the same owner(s), but the common property line still remains.

The City requires that either a lot tie or single-site covenant is recorded on a site when a development is proposed across the lot line boundaries of two separate lots in order to ensure that adverse results do not occur, such as developing a structure over a property line or developing a portion of a building on a separate lot. Prohibiting certain lot tie or single-site covenants may limit the development of lots with pre-existing split jurisdiction conditions, or adjacent lots under split jurisdiction (e.g., a lot in Beverly Hills that would be combined with an adjacent lot in Los Angeles) that are not already held as a single site, because construction over lot lines would not be permitted. This would also effectively prohibit additional lots with split jurisdiction conditions from being created or expanded through a lot tie or single-site covenant (that also do not need to obtain a Lot Line Adjustment approval from the City).

Additional Considerations
As directed by the Planning Commission, the draft ordinance has been amended to exempt the single-family residential property located at 1276 Beverly Green Drive, pursuant to a request by the property owner, as it may be adversely affected by the regulations in the draft ordinance. During this discussion, staff also highlighted that certain properties that have irregular property lines (such as those that do not follow the shape of the parcel) located along the city’s southern border between South Roxbury Drive and South Beverly Drive. The City Council may wish to discuss whether these properties or any other single-family properties meeting certain criteria should be exempted from the draft ordinance due to the potential for adverse or unintended impacts to such properties.

Meeting Date: November 15, 2022

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PUBLIC OUTREACH AND NOTIFICATION
Type of Notice Required
Period Actual Period RequiredDate
Actual
Date
Notice of Pending Application
(Owners & Occupants – 500’ Radius +
block face)

N/A N/A N/A N/A
Adjacent Neighbors Notice
(Owners & Occupants – 100’ Radius) N/A N/A N/A N/A
Notice of Public Hearing1
(Owners & Occupants) 20 Days 20 Days 9/23/22 9/23/22
Newspaper Notice2 20 Days 20 Days 9/23/22 9/23/22
Property Posting N/A N/A N/A N/A
Agenda Posting 72 Hours 7 Days 10/10/22 10/10/22
Website 72 Hours 7 Days 10/10/22 10/10/22 1 The mailed notice was sent out to all property owners and occupants of properties located along the border of the City or have a lot line that is overlaid with the City boundaries. 2 The project was noticed in the October 21, 2022 edition of The Beverly Hills Courier, and the October 27, 2022 edition of The Beverly Hills Weekly. In addition, staff has sent an email out to a list of interested parties regarding this item.

ENVIRONMENTAL REVIEW
The draft ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Staff recommends that the City Council find the proposed ordinance exempt from CEQA pursuant to Section 15305 of Title 14 of the California Code of Regulations because the average slope of the City is less than 20 percent and the proposed regulations in the draft ordinance represent a minor alteration in land use limitations and does not result in any changes in land use or density. In addition, the regulations of the draft ordinance will not have a significant environmental impact and are exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

This exemption is applicable because the draft ordinance would not result in physical changes to the subject properties other than the adjustment of lot lines, and no potential for causing a significant effect on the environment exists. Pursuant to the provisions set forth in the California Environmental Quality Act (CEQA), staff recommends the City Council find the project exempt from further review under CEQA.

FISCAL IMPACT
The adoption of the draft ordinance is not expected to have a direct fiscal impact on the City, and would not constitute a change to the City’s status quo since the urgency ordinance that has been in effect for approximately two years contains many of the same regulations.

Ryan Gohlich, AICP,
Director of Community Development
Approved By
Attachment 1
Draft Ordinance
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[DRAFT] ORDINANCE NO. 22-O-____

AN ORDINANCE OF THE CITY OF BEVERLY

HILLS AMENDING REGULATIONS IN THE

BEVERLY HILLS MUNICIPAL CODE

RELATED TO THE ADJUSTMENT OF LOT

LINES THAT WOULD CREATE OR EXPAND

LOTS ACROSS THE JURISDICTIONAL

BOUNDARIES OF THE CITY

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. On January 26, 2021, the City Council adopted Urgency Ordinance No. 21- O-2833 (the “Urgency Ordinance”), which amended portions of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to modify regulations related to lot line adjustments on lots that are located along the jurisdictional boundaries of the City. The City Council subsequently adopted Ordinance Nos. 21-O-2834 and 22-O-2855 to further extend the effective period of the Urgency Ordinance.

Section 2. On October 13, 2022, the Planning Commission held a duly noticed public hearing to review a draft ordinance that would prohibit, on a permanent basis, the creation or expansion of a lot that crosses jurisdictional boundaries. Thereafter the Planning Commission adopted Resolution No. 2004 recommending that the City Council amend the lot line adjustment regulations in the City of Beverly Hills Municipal Code to prohibit the adjustment of a lot line that is coterminous with the City boundary which if approved, would result in a parcel located both within the City and another city (collectively, the “Amendments”). On November 15, 2022, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.
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Section 3. This Ordinance and the Amendment were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that adoption of the Amendment is exempt from CEQA pursuant to Section 15305 of Title 14 of the California Code of Regulations because the average slope of the City is less than 20 percent and the Amendment represents a minor alteration in land use limitations and does not result in any changes in land use or density. In addition, the City Council finds that the adoption of the Amendment will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This exemption is applicable because the Amendment would not result in physical changes to the subject properties other than the adjustment of lot lines, and no potential for causing a significant effect on the environment exists.

Section 4. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Goal LU 2 – Community Character and Quality calls for a built environment distinguished by high level of site planning, architecture, landscape design, and sensitivity to its natural setting and history. Similarly, General Plan Policy LU 2.1 – City Places: Neighborhoods, Districts, and Corridors encourages the maintenance of the City’s distinctive residential neighborhoods and open spaces. General Plan Goal LU 4 – Land Use Distribution and Urban Form also calls for enhancing the distinguishing qualities of the City, and the livability of neighborhoods, while preserving environmental resources and the well-being and health of the City’s residents. General Plan Policy LU 5.1 – Neighborhood Conservation further requires that the densities, character, amenities, and quality of the City’s residential neighborhoods -3-
are conserved. Amending the lot line adjustment sections of the Beverly Hills Municipal Code will protect the character of the City’s residential neighborhoods, as it will help limit development across jurisdictional boundaries that does not comply with all of the City’s regulations. In addition, the proposed Amendments will help to ensure that development in the residential neighborhoods is of an appropriate scale and is consistent with existing neighborhood character. For the foregoing reasons, the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the code amendments.

Section 5. The City Council hereby amends paragraphs E and F of Section 10-2-303 (Lots:) of Article 3 of Chapter 2 of Title 10 of the Beverly Hills Municipal Code to read as follows, with all other provisions in Section 10-2-303 remaining in effect without amendment:
“E. City Boundary: For any property located in a one-family residential zones, a lot line shall not be adjusted which would either create or expand a lot that crosses the City boundary. Further, a lot line that is coterminous with the boundary of the City shall not be adjusted away from the City boundary.

F. Variances: Whenever the size of the parcel of land to be subdivided or altered as the result of a lot line adjustment, its street and alley frontage, its contour, and its -4-
location with reference to surrounding property, are such that the requirements of this section work undue and unusual hardship, and a different size and arrangement would not result in undue detriment to surrounding property or the residents thereof, the planning commission may, in its discretion, approve a different size and arrangement of the lots in the proposed subdivision.”
Section 6. The City Council hereby amends Section 10-2-805 (Approval of Lot Line Adjustments) of Article 3 of Chapter 2 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-2-805: APPROVAL OF LOT LINE ADJUSTMENTS:

Upon receipt of the map, the director shall examine it to see whether it complies with all the requirements of this article and whether:

A. The proposed lot line adjustments will not deny access to any parcel; B. The proposed lot line adjustment will not result in a conflict with any public or private easement; and
C. The proposed lot configurations conform with the local general plan, any applicable specific plan, and meet all standards of the zoning, subdivision, and building ordinance provisions, except that existing, legally nonconforming lots need not meet all standards of the zoning, subdivision, and building ordinance provisions, provided that the proposed lot line adjustment will result in either a decrease or no change in the degree of any existing nonconformity, and will not create a new nonconformity.
-5-
Public noticing for a lot line adjustment proposal shall be provided in accordance with article 2.5 of this chapter for a planning review and the city's public notice guidelines.

If the director makes these findings, the director may approve the adjustment.

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 and shall conduct a noticed public hearing regarding the requested lot line adjustment.”
Section 7. The City Council hereby amends Section 10-2-806 (Appeals) of Article 3 of Chapter 2 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-2-806: APPEALS:

If an applicant is dissatisfied with the decision of the director, the decision may be appealed to the planning commission. Such appeal shall be in writing and shall be received by the City Clerk’s Office within fourteen (14) days after the date of the director's action.

Any decision of the planning commission, either as the initial reviewing authority for the lot line adjustment or on appeal of a director decision, may be appealed by the applicant to the city council pursuant to title 1, chapter 4, article 1 of this code.” Section 8. The City Council hereby amends Section 10-2-807 (Decision of the Planning Commission) of Article 3 of Chapter 2 of Title 10 of the Beverly Hills Municipal Code to read as follows:
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“10-2-807: DECISION OF THE PLANNING COMMISSION:

If the decision of the director is appealed to the planning commission, the planning commission may reject, uphold, or modify the decision of the director. The decision of the commission shall be further appealable to the city council, pursuant to Section 10-2-806, which may reject, uphold, or modify the decision of the planning commission.”
Section 9. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 10. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. -7-
Section 11. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:
____________________________

LILI BOSSE
Mayor of the City of Beverly Hills,
California
ATTEST:
_________________________ (SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
B0785-0001\2493585v5.doc
Attachment 2
Draft Redline Ordinance
-1-
[DRAFT] ORDINANCE NO. 22-O-____

AN ORDINANCE OF THE CITY OF BEVERLY

HILLS AMENDING REGULATIONS IN THE

BEVERLY HILLS MUNICIPAL CODE

RELATED TO THE ADJUSTMENT OF LOT

LINES THAT WOULD CREATE OR EXPAND

LOTS ACROSS THE JURISDICTIONAL

BOUNDARIES OF THE CITY

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

1. Exemption: The property known as 1276 Beverly Green
Drive, located on the eastern side of Beverly Green Drive, and more specifically described as: Lots 15 and 16 of Tract 11178 in the City of Beverly Hills, Los Angeles County, State of California, as per the maps recorded in map book 203, pages 49-50 of the Los Angeles County Recorder’s Office, shall be exempted from the requirement in subsection E above.
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F. Variances: Whenever the size of the parcel of land to be subdivided or altered as the result of a lot line adjustment, its street and alley frontage, its contour, and its location with reference to surrounding property, are such that the requirements of this section work undue and unusual hardship, and a different size and arrangement would not result in undue detriment to surrounding property or the residents thereof, the planning commission may, in its discretion, approve a different size and arrangement of the lots in the proposed subdivision.” Section 6. The City Council hereby amends Section 10-2-805 (Approval of Lot Line Adjustments) of Article 3 of Chapter 2 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-2-805: APPROVAL OF LOT LINE ADJUSTMENTS:

Upon receipt of the map, the director shall examine it to see whether it complies with all the requirements of this article and whether:

A. The proposed lot line adjustments will not deny access to any parcel; B. The proposed lot line adjustment will not result in a conflict with any public or private easement; and
C. The proposed lot configurations conform with the local general plan, any applicable specific plan, and meet all standards of the zoning, subdivision, and building ordinance provisions, except that existing, legally nonconforming lots need not meet all standards of the zoning, subdivision, and building ordinance provisions, provided that the proposed lot line adjustment will result in either a -5-
decrease or no change in the degree of any existing nonconformity, and will not create a new nonconformity.

Public noticing for a lot line adjustment proposal shall be provided in accordance with article 2.5 of this chapter for a planning review and the city's public notice guidelines.

If the planning director makes these findings, the planning director may approve the adjustment. The planning director may forward the application to the planning commission for its review. 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 and shall conduct a noticed public hearing regarding the requested lot line adjustment.” Section 7. The City Council hereby amends Section 10-2-806 (Appeals) of Article 3 of Chapter 2 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-2-806: APPEALS:

If an applicant is dissatisfied with the decision of the planning director, the decision may be appealed to the planning commission. Such appeal shall be in writing and shall be received by the planning department City Clerk’s Office within fifteen (15) fourteen (14) days after the date of the planning director's action.

Any decision of the planning commission, either as the initial reviewing authority for the lot line adjustment or on appeal of a director decision, may -6-
be appealed by the applicant to the city council pursuant to title 1, chapter 4, article 1 of this code.”
Section 8. The City Council hereby amends Section 10-2-807 (Decision of the Planning Commission) of Article 3 of Chapter 2 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-2-807: DECISION OF THE PLANNING COMMISSION:

If the decision of the director is appealed to the planning commission, the planning commission may reject, uphold, or modify the decision of the planning director. The decision of the commission shall be final further appealable to the city council, pursuant to section 10-2-806, which may reject, uphold, or modify the decision of the planning commission.”
Section 9. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Adopted:

Effective:
____________________________

LILI BOSSE
Mayor of the City of Beverly Hills,
California
ATTEST:
_________________________ (SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
___________________________ _____________________________ LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
B0785-0001\2493585v5.doc
Attachment 3
Planning Commission Resolution No.
2004
1 RESOLUTION NO.

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING ADOPTION OF

AN ORDINANCE OF THE CITY OF BEVERLY HILLS

AMENDING REGULATIONS IN THE BEVERLY HILLS

MUNICIPAL CODE RELATED TO THE ADJUSTMENT OF

LOT LINES THAT WOULD CREATE OR EXPAND LOTS

ACROSS THE JURISDICTIONAL BOUNDARIES OF THE
CITY
WHEREAS, the Planning Commission has considered the proposed Amendments to the City of Beverly Hills Municipal Code, as set forth and attached hereto as Exhibit A (the “Amendments”); and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on October 13, 2022, at which times it received oral and documentary evidence relative to the proposed Amendments; and
WHEREAS, the Planning Commission finds that the proposed Amendments are required because of the benefit to the public interest, health, safety, morals, peace, comfort, convenience, or general welfare, and that such Amendments are consistent with the general objectives, principles, and standards of the General Plan.

NOW, THEREFORE, the Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

2 Section 1. The Amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The Planning Commission finds that adoption of the Amendments is exempt from CEQA pursuant to Section 15305 of Title 14 of the California Code of Regulations because the average slope of the City is less than 20 percent and the Amendments represent a minor alteration in land use limitations and does not result in any changes in land use or density. In addition, the Planning Commission finds that the adoption of the Amendments will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This exemption is applicable because the Amendment would not result in physical changes to the subject properties other than the adjustment of lot lines, and no potential for causing a significant effect on the environment exists.

Section 2. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Goal LU 2 – Community Character and Quality calls for a built environment distinguished by high level of site planning, architecture, landscape design, and sensitivity to its natural setting and history. Similarly, General Plan Policy LU 2.1 – City Places: Neighborhoods, Districts, and Corridors encourages the maintenance of the City’s distinctive residential neighborhoods and open spaces. General Plan Goal LU 4 – Land Use Distribution and Urban Form also calls for enhancing the distinguishing qualities of the City, and the livability of neighborhoods, while preserving environmental resources and the well-being and health of the City’s residents. General Plan Policy LU 5.1 – Neighborhood Conservation further requires that the densities, character, amenities, and quality of the City’s residential neighborhoods

3 are conserved. Amending the lot line adjustment sections of the Beverly Hills Municipal Code will protect the character of the City’s residential neighborhoods, as it will help limit development across jurisdictional boundaries that does not comply with all of the City’s regulations. In addition, the proposed Amendments will help to ensure that development in the residential neighborhoods is of an appropriate scale and is consistent with existing neighborhood character. For the foregoing reasons, the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the code amendments.
6HFWLRQ The Planning Commission does hereby recommend to the City Council the adoption of an ordinance approving and enacting the proposed Amendments substantially as set forth in Exhibit A, which is attached hereto and incorporated herein by reference.
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4 Section 4. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this resolution, and shall cause this resolution and his/her Certification to be entered in the Book of Resolutions of the Planning Commission of the City.

Adopted: October 13, 2022
Myra Demeter, Ph.D
Chair of the Planning Commission of the
City of Beverly Hills
Attest:

Timothea Tway, AICP
Secretary of the Planning Commission
Approved as to form: Approved as to content:

David M. Snow Timothea Tway, AICP
Assistant City Attorney City Planner
Community Development Department
EXHIBIT A: Draft Ordinance

5 EXHIBIT A

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[DRAFT] ORDINANCE NO. 22-O-____

AN ORDINANCE OF THE CITY OF BEVERLY

HILLS AMENDING REGULATIONS IN THE

BEVERLY HILLS MUNICIPAL CODE

RELATED TO THE ADJUSTMENT OF LOT

LINES THAT WOULD CREATE OR EXPAND

LOTS ACROSS THE JURISDICTIONAL

BOUNDARIES OF THE CITY

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

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Section 3. This Ordinance and the Amendment were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that adoption of the Amendment is exempt from CEQA pursuant to Section 15305 of Title 14 of the California Code of Regulations because the average slope of the City is less than 20 percent and the Amendment represents a minor alteration in land use limitations and does not result in any changes in land use or density. In addition, the City Council finds that the adoption of the Amendment will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This exemption is applicable because the Amendment would not result in physical changes to the subject properties other than the adjustment of lot lines, and no potential for causing a significant effect on the environment exists.

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are conserved. Amending the lot line adjustment sections of the Beverly Hills Municipal Code will protect the character of the City’s residential neighborhoods, as it will help limit development across jurisdictional boundaries that does not comply with all of the City’s regulations. In addition, the proposed Amendments will help to ensure that development in the residential neighborhoods is of an appropriate scale and is consistent with existing neighborhood character. For the foregoing reasons, the public interest, health, safety, morals, peace, comfort, convenience, or general welfare requires the code amendments.

F. Variances: Whenever the size of the parcel of land to be subdivided or altered as the result of a lot line adjustment, its street and alley frontage, its contour, and its

-4-
location with reference to surrounding property, are such that the requirements of this section work undue and unusual hardship, and a different size and arrangement would not result in undue detriment to surrounding property or the residents thereof, the planning commission may, in its discretion, approve a different size and arrangement of the lots in the proposed subdivision.”
Section 6. The City Council hereby amends Section 10-2-805 (Approval of Lot Line Adjustments) of Article 3 of Chapter 2 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-2-805: APPROVAL OF LOT LINE ADJUSTMENTS:

Upon receipt of the map, the director shall examine it to see whether it complies with all the requirements of this article and whether:

A. The proposed lot line adjustments will not deny access to any parcel; B. The proposed lot line adjustment will not result in a conflict with any public or private easement; and
C. The proposed lot configurations meet all standards of the zoning, subdivision, and building ordinance provisions, except that existing, legally nonconforming lots need not meet all standards of the zoning, subdivision, and building ordinance provisions, provided that the proposed lot line adjustment will result in either a decrease or no change in the degree of any existing nonconformity, and will not create a new nonconformity.

If the director makes these findings, the director may approve the adjustment.

However, if in the opinion of the director, an application merits review by the

-5-
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 lot line adjustment.”
Section 7. The City Council hereby amends Section 10-2-806 (Appeals) of Article 3 of Chapter 2 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-2-806: APPEALS:

Any decision of the planning commission, either as the initial reviewing authority for the lot line adjustment or on appeal of a director decision, may be appealed to the city council pursuant to title 1, chapter 4, article 1 of this code.” Section 8. The City Council hereby amends Section 10-2-807 (Decision of the Planning Commission) of Article 3 of Chapter 2 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-2-807: DECISION OF THE PLANNING COMMISSION:

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10-2-806, which may reject, uphold, or modify the decision of the planning commission.”
Section 9. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.

Section 11. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

Adopted:

Effective:
____________________________

LILI BOSSE
Mayor of the City of Beverly Hills,
California
ATTEST:
_________________________ (SEAL)

HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:

-7-
___________________________ _____________________________ LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
B0785-0001\2493585v5.doc

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2004 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on October 13, 2022, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioners Wolfe, Kaplan, Ostroff, Vice Chair Ross, Chair Demeter NOES: None
ABSTAIN: None
ABSENT: None
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California

Certificate Of Completion
Envelope Id: F15080249F1F4FE8BCBEDF4E2C53515B Status: Completed Subject: Please DocuSign: PC Reso 2004 - LLA Ordinance.pdf Source Envelope:

Document Pages: 13 Signatures: 5 Envelope Originator:

Certificate Pages: 2 Initials: 0 Karen Myron
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.181
Record Tracking
Status: Original
10/28/2022 11:36:23 AM
Holder: Karen Myron
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Myra Demeter, Ph.D.
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.184.246.87
Signed using mobile
Sent: 10/28/2022 11:39:21 AM
Viewed: 10/28/2022 3:11:15 PM
Signed: 10/28/2022 3:11:43 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
David M. Snow
[email protected]
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(None)
Signature Adoption: Drawn on Device
Using IP Address: 38.122.232.202
Sent: 10/28/2022 3:11:44 PM
Resent: 11/4/2022 9:04:25 AM
Viewed: 11/4/2022 9:26:25 AM
Signed: 11/4/2022 9:27:06 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Timothea Tway
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 172.56.185.240
Signed using mobile
Sent: 11/4/2022 9:27:08 AM
Viewed: 11/4/2022 9:52:02 AM
Signed: 11/4/2022 9:52:22 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Karen Myron
[email protected]

COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 11/4/2022 9:52:23 AM
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Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
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Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/28/2022 11:39:21 AM
Certified Delivered Security Checked 11/4/2022 3:50:57 PM Signing Complete Security Checked 11/4/2022 3:53:38 PM
Completed Security Checked 11/4/2022 3:53:38 PM
Payment Events Status Timestamps
Attachment 4
Urgency Ordinance No. 21-O-2833
ORDINANCE NO. 21-0- 2833

AN URGENCY ORDINANCE OF THE CITY OF
BEVERLY HILLS AMENDING SECTION 10-2-
303 OF THE MUNICIPAL CODE REGARDING

ADJUSTING LOT LINES THAT ARE BETWEEN

JURISDICTIONAL BOUNDARIES AND
DECLARING THE URGENCY THEREOF.

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

WHEREAS, Section 10-2-805 of the City of Beverly Hills Municipal Code provides for the approval of a lot line adjustment if the adjustment will not deny access to any parcel, will not result in a conflict with any public or private easement, and when the proposed lot configurations meet all standards of the zoning, subdivision, and building ordinance provisions, except that existing, legally nonconforming lots need not meet all standards of the zoning, subdivision, and building ordinance provisions, provided that the adjustment will result in either a decrease or no change in the degree of any existing nonconformity, and will not create a new nonconformity; WHEREAS, California Government Code Section 66412(d) requires the City to approve a lot line adjustment between four or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not thereby created, provided that the resulting parcels conform to the City's General Plan, any applicable specific plan, any applicable coastal plan, and the City's zoning and building ordinances; and
WHEREAS, the City has received an application to adjust a lot line that is coterminous with the City boundary, which if approved, would result in a parcel located both within the City and another city; and
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WHEREAS, there are a number of similarly situated properties that are split by a property line that overlays the City boundary; and
WHEREAS, when a parcel is located both within the City and another city, then a portion of the parcel is subject to the City's regulations and development standards, and a portion of the parcel is subject to the regulations and development standards of that other city; and WHEREAS, the City does not have authority over the development of land within the jurisdiction of another city; and
WHEREAS, a lot line adjustment that results in a lot with a split jurisdiction will not conform to the City's General Plan or the City's zoning and building ordinance because the City's General Plan and zoning and building ordinance will not apply to that portion of the lot which is in the other jurisdiction. This will negatively impact the public health, safety, and welfare because buildings can be built with Beverly Hills access, utilities, and other services that do not comply with Beverly Hills codes, and buildings can be built under another city's zoning regulations without appropriate setbacks; and
WHEREAS, the City Municipal Code does not currently address the adjustment of a lot line that is coterminous with the City boundary resulting in a parcel or parcels located both with the City and another city; and
WHEREAS, the City will study the potential impacts to the public health, safety, and welfare resulting from a parcel under split jurisdiction and develop appropriate regulations regarding if and under what circumstances adjusting a lot line that is coterminous with the City boundary may be appropriate; and
WHEREAS, the City Council finds that if the City does not adopt this Urgency Ordinance, then under existing City regulations, lot lines that are coterminous with the City boundary may be adjusted to create parcels located within the City and another city, and therefore, would create a current threat to the public safety, health and welfare.

Section 1. Authority.

Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance to protect the public safety, health, and welfare to prohibit uses that may be in conflict with a zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time.

Section 2. CEQA Findings.

This Ordinance and the Amendment were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that adoption of the Amendment is exempt from CEQA pursuant to Section 15305 of Title 14 of the California Code of Regulations because the average slope of the City is less than 20 percent and the Amendment represents a minor alteration in land use limitations and does not result in any changes in land use or density. In addition, the City Council finds that the adoption of the Amendment will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This exemption is applicable because the Amendment would not result in physical changes to the subject properties other than the adjustment of lot lines, and no potential for causing a significant effect on the environment exists.

Section 3. The City Council hereby amends Section 10-2-303 of Article 3 of Chapter 2 of Title 10 of the Beverly Hills Municipal Code to add a new paragraph E and re-lettering existing paragraph E to read as follows, with all other provisions in Section 10-2-303 remaining in effect without amendment:
"E. City Boundary: A lot line shall not be adjusted which would either create or expand a lot that crosses the City boundary.

F. Variances: Whenever the size of the parcel of land to be subdivided, its street and alley frontage, its contour, and its location with reference to surrounding property, are such that the requirements of this section work undue and unusual hardship, and a different size and arrangement would not result in undue detriment to surrounding property or the residents thereof, the planning commission may, in its discretion, approve a different size and arrangement of the lots in the proposed subdivision."
Section 4. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in hill force and effect.

Section 5. Approval and Extension of Ordinance
This Ordinance, being an Interim Ordinance adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect for a period of not longer than forty-five (45) days. After notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the effectiveness of this Interim Ordinance as provided in Government Code Section 65858.

Section 6. Publication.

The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance and his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

ADOPTED: January 2021
-ATTEST:
(SEAL)
UUMA AHM^D
.City Clerk
APPROVED AS TO FORM:

LAURENCE S. WIENER
City Attorney
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills,
California
APPROVED AS TO CONTENT:

GEORGEXHAVEZ
City Manager
-5-
B0785-0001\2496978vl.doc
Attachment 5
Ordinance No. 22-O-2834
ORDINANCE NO. 21-0- 2834

AN ORDINANCE OF THE CITY OF BEVERLY

HILLS EXTENDING INTERIM ORDINANCE
NO. 21-0-2833 AMENDING SECTION 10-2-303

OF THE MUNICIPAL CODE REGARDING

ADJUSTING LOT LINES THAT ARE BETWEEN

JURISDICTIONAL BOUNDARIES AND

DECLARING THE URGENCY THEREOF

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. Legislative Findings.

The City Council of the City of Beverly Hills is concerned about lot line adjustments which create or increase the size of parcels crossing the boundary of the City. Of particular concern is the fact that the City's regulations permitted the adjustment of lot lines to create or expand parcels located both within the City and another City. The City does not have authority over the development of land within the jurisdiction of another City. Accordingly, when a parcel is located both within the City and another city, a portion of the parcel is subject to the City's regulations and development standards, and a portion of the parcel is subject to the regulations and development standards of that other city. Because the City's General Plan and zoning and building ordinances would not apply to the portion of the lot which is located in another city's jurisdiction, a lot line adjustment creating or expanding a lot that crosses the City boundary will not confomi to the City's General Plan or the City's zoning and building ordinances. This negatively impacts the public health, safety, and welfare because buildings that do not comply with City codes can be built with City access, utilities, and other services and buildings can be built under another city's zoning regulations without appropriate setbacks. Consequently, the City Council wishes to -1-
consider enacting appropriate regulations regarding if and under what circumstances adjusting a lot line to create or expand a parcel that crosses the City boundary may be appropriate.

Because the public process of adopting permanent regulations may be lengthy, and to prevent the adjustment of lot lines which will create or expand parcels that cross the boundary of the City in the intervening period, the City Council adopted Ordinance No. 21-0-2833, an interim ordinance that took effect immediately on January 26, 2021 (the "Interim Ordinance"). The Interim Ordinance amends Section 10-2-303 of Article 3 of Chapter 2 of Title 10 of the Beverly Hills Municipal Code to prohibit a lot line adjustment which would either create or expand a lot that crosses the City boundary.

Section 2. Authority.

Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance to protect the public health, safety, and welfare to prohibit uses that may be in conflict with a zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time. After public notice, the City Council may extend the interim ordinance by a period of ten (10) months and fifteen (15) days, pursuant to Government Code Section 65858. Notice of the public hearing at which the City Council considered adopting this extension ordinance was duly published.

Section 3. Urgency Findings.

The City Council finds and determines that failing to implement immediate changes to the City's lot line adjustment regulations would result in an immediate threat to the public health, safety, and general welfare. As described in Section 1, the City's regulations permit lot line adjustments which create or expand parcels crossing City boundaries, resulting in parcels subject -2-
to both the City's zoning and building regulations and another city's zoning and building regulations. Because the City's General Plan and zoning and building ordinances would not apply to the portion of the lot which is located in another city's jurisdiction, such lot line adjustments will not conform to the City's General Plan or the City's zoning and building ordinances.

Accordingly, without appropriate regulations, the continued adjustment of lot lines to create or expand parcels under split jurisdiction will negatively impact the public health, safety, and general welfare. Thus, to preserve the public health, safety, and general welfare, the City Council declares it is necessary that this Ordinance take immediate effect to prevent these harms.

Section 4. CEOA Findings.

The City Council hereby finds that the adoption and implementation of the Interim Ordinance or extension thereof is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of Title 14 of the California Code of Regulations because the average slope of the City is less than 20 percent and the extension of the Interim Ordinance represents a minor alteration in land use limitations and does not result in any changes in land use or density.

In addition, the City Council finds that the adoption and implementation of the Interim Ordinance or extension thereof will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This exemption is applicable because the extension of the Interim Ordinance would not result in physical changes to the subject properties and no potential for causing a significant effect on the environment exists.

Section 5. Severabilitv.

Section 6. Approval and Extension of Ordinance.

This Ordinance, adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall amend and extend the effect of the Interim Ordinance for a period of ten (10) months and fifteen (15) days. After notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the effectiveness of the Interim Ordinance for an additional one year period, as provided in Government Code Section 65858.

Section 7. Publication.

The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.

ADOPTED: March 2 ,2021
LESTER J. FRIEDMAN
Mayor of the City of Beverly Hills,
California
City Clerk
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APPROVED AS TO FOBIM:

LAURENCE S. WIENER
City Attorney
APPROVED AS TO CONTENT:

GE0Rer(2lfAVEZ
City Manager
B0785-C001\2499355vl.doc
Attachment 6
Ordinance No. 22-O-2855
ORDINANCE NO. 22-0-2855

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
EXTENDING INTERIM ORDINANCE NO. 21-0-2833
AMENDING SECTION 10-2-303 OF THE MUNICIPAL

CODE REGARDING ADJUSTING LOT LINES THAT ARE

BETWEEN JURISDICTIONAL BOUNDARIES, AND

DECLARING THE URGENCY THEREOF

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:

Section 1. Legislative Findings.

The City Council of the City of Beverly Hills is concerned about lot line adjustments which create or increase the size of parcels crossing the boundary of the City. Of particular concern is the fact that the City's regulations permitted the adjustment of lot lines to create or expand parcels located both within the City and another City. The City does not have authority over the development of land within the jurisdiction of another City. Accordingly, when a parcel is located both within the City and another city, a portion of the parcel is subject to the City's regulations and development standards, and a portion of the parcel is subject to the regulations and development standards of that other city. Because the City's General Plan and zoning and building ordinances would not apply to the portion of the lot which is located in another city's jurisdiction, a lot line adjustment creating or expanding a lot that crosses the City boundary will not conform to the City's General Plan or the City's zoning and building ordinances. This negatively impacts the public health, safety, and welfare because buildings that do not comply with City codes can be built with City access, utilities, and other services and buildings can be built under another city's zoning regulations without appropriate setbacks. Consequently, the City Council wishes to consider enacting appropriate regulations regarding if and under what circumstances adjusting a -1-
lot line to create or expand a parcel that crosses the City boundary may be appropriate. City staff continues to study the issues related to permanent regulations.

Section 2. Authority.

Pursuant to Government Code Section 65858, the City Council may adopt, as an urgency measure, an interim ordinance to protect the public health, safety, and welfare to prohibit uses that may be in conflict with a zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time. After public notice, the City Council may extend the interim ordinance first by a period of ten (10) months and fifteen (15) days, and then by an additional one (1) year pursuant to Govemment Code Section 65858. Notice of the public hearing at which the City Council considered adopting this extension ordinance was duly published on December 24, 2021, in the Beverly Hills Courier, and on December 30, 2021, in the Beverly Hills Weekly and in the Beverly Press. -2-
Section 3. Urgency Findings.

The City Council finds and determines that failing to implement immediate changes to the City's lot line adjustment regulations would result in an immediate threat to the public health, safety, and general welfare. As described in Section 1, the City's regulations permit lot line adjustments which create or expand parcels crossing City boundaries, resulting in parcels subject to both the City's zoning and building regulations and another city's zoning and building regulations. Because the City's General Plan and zoning and building ordinances would not apply to the portion of the lot which is located in another city's jurisdiction, such lot line adjustments will not conform to the City's General Plan or the City's zoning and building ordinances.

Section 4. CEOA Findings,
The City Council hereby finds that the adoption and implementation of the Interim Ordinance or extension thereof is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 of Title 14 of the California Code of Regulations because the average slope of the City is less than 20 percent and the extension of the Interim Ordinance represents a minor alteration in land use limitations and does not result in any changes in land use or density.

In addition, the City Council finds that the adoption and implementation of the Interim Ordinance or extension thereof will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations, which states that CEQA applies only to projects which have the potential for causing a significant effect on the -3-
environment. This exemption is applicable because the extension of the Interim Ordinance would not result in physical changes to the subject properties and no potential for causing a significant effect on the environment exists.

Section 5. Severabilitv.

Section 6. Approval and Extension of Ordinance.

Section 7. Publication.

HI
///
///
ADOPTED: January 18, 2022
EFFECTIVE: January 18, 2022
ATTfiST:

KUMAAHMED
City Clerk
(SEAL)

ROBERT WUNDERLICH
Mayor of the City of Beverly Hills
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
/- u.

LAURENCE S. WIENER
City Attorney

GEORCSTCHAVEZ
City Manager
RYAN GmUCH, AICP
irectpfof Community Development
B0785-0001\2611547v5.doc
-5-
Attachment 7
City Council Agenda Report on Urgency
Ordinance – January 26, 2021 (without
attachments)

Page 1 of 3 ends

AGENDA REPORT
Meeting Date: January 26, 2021
Item Number:

To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN URGENCY ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING SECTION 10-2-303 OF THE MUNICIPAL CODE

REGARDING ADJUSTING LOT LINES THAT ARE COTERMINOUS

WITH THE CITY BOUNDARY AND DECLARING THE URGENCY

THEREOF
Attachments: 1. Proposed Urgency Ordinance

RECOMMENDATION
It is recommended that the City Council enact an interim urgency ordinance entitled: “AN URGENCY ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING SECTION 10-2-303

OF THE MUNICIPAL CODE REGARDING ADJUSTING LOT LINES THAT ARE

COTERMINOUS WITH THE CITY BOUNDARY AND DECLARING THE URGENCY THEREOF.”

FISCAL IMPACT
There is no anticipated fiscal impact to the City.

BACKGROUND
At the City Council meeting held on January 12, 2021, an issue arose on appeal from the Planning Commission’s October 22, 2020 denial of a requested lot line adjustment, which proposed to move a lot line away from the City boundary to create a parcel located both within the City of Beverly Hills and the City of Los Angeles.

E-2
Meeting Date: January 26, 2021

Page 2 of 3 ends

The City Council expressed concerns about the relocation of property lines that coexist with the City’s boundary line, and asked staff to look into the issue and place the matter on the next agenda to consider whether property line relocations are appropriate in those circumstances.

Additional background information is available in the staff report for the City Council resolution denying a Lot Line Adjustment to create two lots from three existing lots located at 1034 Hillcrest Road in Beverly Hills and 9468 West Sierra Mar Drive in Los Angeles, and rejecting an appeal from the Planning Commission’s denial.

The proposed interim urgency ordinance would prohibit adjusting any lot line that is coterminous with the boundary of the City away from the City boundary while the City studies the potential impacts to the public health, safety, and welfare resulting from a parcel under split jurisdiction and develops appropriate regulations regarding if and under what circumstances adjusting a lot line that is coterminous with the City boundary may be appropriate.

The proposed interim urgency ordinance, if passed by a minimum four-fifths (4/5) vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect for a period of not longer than forty-five (45) days. After notice pursuant to Section 65090 of the California Government Code and public hearing, the City Council may extend the effectiveness of the urgency ordinance as provided in Government Code Section 65858.

DISCUSSION
In response to the City Council’s direction to bring back an item regarding issues related to the relocation of property boundaries that are coterminous with a City boundary line, staff and the City Attorney’s Office have prepared a draft interim urgency ordinance pursuant to Government Code Section 65858, which, if adopted by the City Council, would prohibit any such lot line adjustments while the City conducts further studies and formulates a permanent ordinance to address the issues arising from split-jurisdiction lots.

The majority of City properties on the border of the City are split by a property line that overlays the City boundary, and the City Municipal Code does not currently address the adjustment of a lot line that is coterminous with the City boundary resulting in a parcel or parcels located both within the City and another City.

The City does not have authority over development of land within the jurisdiction of another city.

Accordingly, when a parcel is located both within the City and another city, a portion of the parcel is subject to the City’s regulations and development standards, and a portion of the parcel is subject to the regulations and development standards of that other city. Because the City’s General Plan and zoning and building ordinances would not apply to the portion of the lot which is located in another city’s jurisdiction, a lot line adjustment that results in a lot with split jurisdiction will not conform to the City’s General Plan or the City’s zoning and building ordinance. This will negatively impact the public health, safety, and welfare because buildings that do not comply with Beverly Hills codes can be built with Beverly Hills access, utilities, and other services and buildings can be built under another city’s zoning regulations without appropriate setbacks.

If the City Council does not adopt the interim urgency ordinance, lot lines that are coterminous with the City boundary may be adjusted to create parcels located within the City and another city under existing City regulations, and therefore, would create a current threat to the public health, safety, and welfare. Adopting the interim urgency ordinance would temporarily prohibit Meeting Date: January 26, 2021

Page 3 of 3 ends

adjusting any lot line that is coterminous with the boundary of the City away from the boundary, which will allow the City to study the potential impacts to the public health, safety, and welfare resulting from a parcel under split jurisdiction and develop appropriate regulations regarding if and under what circumstances adjusting a lot line that is coterminous with the City boundary may be appropriate.

CONCLUSION
The City Attorney’s office recommends that the City Council consider the issues and consider adopting the interim urgency ordinance, which will prohibit the relocation of lot lines that coexist with a City boundary while the City studies the issue further and develops a permanent ordinance.

Laurence S. Wiener
City Attorney
Approved By
B0785-0001\2494309v1.doc
Attachment 8
City Council Agenda Report on Lot Line
Adjustment – January 26, 2021 (without
attachments)

BEVERLY
HILLS
Meeting Date:

Item Number:

January 26, 2021
To:

From:

Subject:

Attachments:

AGENDA REPORT
Honorable Mayor & City Council
Susan Healy Keene, AICP, Director of Community Development Laurence S. Wiener, City Attorney
AN APPEAL OF THE PLANNING COMMISSION’S DECISION

DENYING A LOT LINE ADJUSTMENT TO CREATE TWO LOTS
FROM THREE EXISTING LOTS LOCATED AT 1034 HILLCREST
ROAD IN BEVERLY HILLS AND 9468 WEST SIERRA MAR DRIVE IN

LOS ANGELES

1. Resolution Denying Lot Line Adjustment

2. Alternate Resolution Denying Lot Line Adjustment (including findings from potential Urgency Ordinance)

3. January 12, 2021 Staff Report with Attachments
It is recommended that the City Council adopt a resolution denying a Lot Line Adjustment and rejecting an appeal of the Planning Commission’s October 22, 2020 denial filed by Benjamin Reznik of Jeffer Mangels Butler & Mitchell, on behalf of the project Applicant, Shiloh Investments, LLC., and Hillcrest Doheny Estates, LLC., (collectively, the Appellant).

There is no anticipated fiscal impact to the City at this time since the Appellant has paid the required appeal filing fee.

The City Council conducted a hearing on the appeal of the Planning Commission’s denial of the requested Lot Line Adjustment on January 12, 2021. After hearing and considering the staffreport and presentation, a presentation from the Appellants’ representative Benjamin Reznik,

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RECOMMENDATION

FISCAL IMPACT

BACKGROUND
E-3
Meeting Date: January 26, 2021
public testimony from interested parties, and rebuttal testimony from Mr. Reznik, the City Council deliberated on the matter. After deliberations, the City Council concluded that the findings to allow approval of the requested Lot Line Adjustment could not be made.

During its deliberations, the City Council also expressed concerns about relocation of property lines that coexist with the City’s boundary line, and asked staff to look into the issue and place amatter on the next agenda to consider whether property line relocations are appropriate in those circumstances. In light of that direction, a separate item has been placed on the agenda for the January 26th meeting under which the City Council will consider adopting an interim urgencyordinance to prohibit the relocation of lot lines that coexist with a City boundary while the Citystudies the issue further and develops a permanent ordinance.

Additional background information is provided in the staff report for the January 12, 2021 meeting, which is attached hereto. For convenience, the following figures from the January 12, 2021 report are included below:
eeb’erIy Nts Lot
IO34 HiIlctest
Figure 1. Existing Project Site and Lots
Source: Google Maps

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Meeting Date: January 26, 2021
Figure 2. Project Site (View from Hillcrest Road facing East) Source: Site Visit
I
5’
Figure 3. Project Site (View from Sierra Mar Drive facing West) Source: Site Visit

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Meeting Date: January 26, 2021

DISCUSSION
Proposed Lot
Line (solid
green)
As noted above, during the City Council’s deliberations on January 12 2021, the City Council concurred with the Planning Commission’s denial of the requested Lot Line Adjustment.

Further, in response to the City Council’s direction to bring back an item regarding issues related to the relocation of property boundaries that are coterminous with a City boundary line, staff and the City Attorney’s Office has prepared a draft interim urgency ordinance pursuant to Government Code Section 65858, which, if adopted by the City Council, would prohibit any such lot line adjustments while the City conducts further studies and formulates a permanent ordinance to address the issues arising from split-jurisdiction lots.

In light of the foregoing direction, staff has prepared two resolutions for the City Council’s consideration after concluding the public hearing. The first resolution includes findings based on state law and the Municipal Code standards for considering lot line adjustments, and, ifadopted, would deny the requested Lot Line Adjustment and reject the appeal of the Planning Commission’s decision.

The alternate resolution includes the same findings as the first resolution, however, it also includes findings related to the zoning prohibition on moving lot lines that are coterminous with the City’s boundary. This resolution is presented for consideration in the event that the City Council adopts an urgency interim ordinance enacting such a prohibition.

Figure 4. Proposed Lot Line Adjustment
Source: M&G Engineering

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CONCLUSION
Staff recommends that the City Council review the information presented, take public testimony on the proposed resolutions, and adopt one of the resolutions denying the requested Lot Line Adjustment and rejecting the appeal of the Planning Commission’s action.

Susan Healy Keene
Director of Community Development
Approved By

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B07$5-000 1\2493829v2.doc
Attachment 9
Public Correspondence
10/6/22, 9:04 AM Re: Update - Urgency Ordinance Prohibiting Lot Line Adjustments ( Ordinance # 21-0-2833) - Chloe Chen - Outlook about:blank 1/1
 Reply all   Delete  Report 
Re: Update - Urgency Ordinance Prohibiting Lot Line Adjustments ( Ordinance # 21-0-2833)
You replied on Fri 9/23/2022 9:22 AM
Retention: Email 2 Year Retention Policy (2 years) Expires: Sat 9/21/2024 11:12 PM Thu 9/22/2022 11:13 PM
CAUTION: External Sender
Use caution when clicking links or opening attachments
Hi! I will be out of town on 10/13 but please let me know what I can do to support this - THANKS! Randy Simon
N. Hillcrest Rd.

Beverly Hills CA 90210
home
cell
On Sep 22, 2022, at 10:03 PM, Tina Sinatra <[email protected]> wrote:

Thank you, Chloe— I am focused! Randy too!
On Sep 22, 2022, at 4:12 PM, Chloe Chen <[email protected]> wrote:

Hello,
As an update to the email thread below, I would like to inform you that the Planning Commission will be considering a draft ordinance that will permanently replace the Urgency Ordinance that prohibited lot line adjustments across jurisdictional boundaries (Ordinance 21- O-2833) at their regular meeting on Thursday, October 13th (starting at 1:30 PM). The draft ordinance and a staff report will be available closer to the meeting date, and I will send out more updates as they become available.


RS Randy Simon     
To: Tina Sinatra
Cc: Chloe Chen

4-55
From: Karen Platt
Sent: Monday, October 10, 2022 6:58 PM
To: Chloe Chen <[email protected]>
Cc: Shahram Melamed
Subject: Re: Update - Urgency Ordinance Prohibiting Lot Line Adjustments ( Ordinance # 21-0-2833) CAUTION: External Sender
Use caution when clicking links or opening attachments
Hi Chloe,
Thank you for sending this.

Could you please forward the following note to the Planning Commission Dear Honorable Planning Commission members:

We appreciate all of the time and effort that has been spent clarifying the urgency ordinance that prohibits lot line adjustments across city boundaries. As you are well aware, we were totally supportive of the urgency ordinance and continue to support making the ordinance permanent.

The ordinance will clarify the zoning code and ensure that the processes and procedures related to lot line adjustments are clear and consistent with the General Plan, especially prohibiting split jurisdiction parcels. Please adopt the resolution recommending approval of the draft ordinance to the City Council.

Thank you
Karen Platt and Shahram Melamed
Co-Presidents on behalf of the Trousdale Estates Neighborhood Association From: Tina Sinatra
To: CommentPC
Subject: Lot Line Adjustment
Date: Thursday, October 13, 2022 10:31:42 AM
CAUTION: External Sender
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Happy to finally close the lid on such an idiotic and ridicules idea...

Please bury this notion once and for all time!
Thank you CP for all you do.

Sincerely,
Tina Sinatra
Trousdale resident

Beverly Hills City CouncilNovember 15, 2022

Beverly Hills City Council
November 15, 2022