AGENDA REPORT
Meeting Date: May 7, 2024
Item Number:
To: Honorable Mayor & City Council
From: Ryan Gohlich, Assistant City Manager
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING
THE BEVERLY HILLS MUNICIPAL CODE TO CONSOLIDATE THE
DESIGN REVIEW COMMISSION WITH THE ARCHITECTURAL
COMMISSION TO CREATE THE ARCHITECTURAL AND DESIGN
REVIEW COMMISSION
Attachments: 1. Ordinance
2. July 18, 2023 City Council Report
RECOMMENDATION
Staff recommends the City Council move to waive the full reading of the ordinance and that the ordinance entitled “AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO CONSOLIDATE THE
DESIGN REVIEW COMMISSION WITH THE ARCHITECTURAL COMMISSION TO CREATE THE ARCHITECTURAL AND DESIGN REVIEW COMMISSION” be introduced and read by title only (Attachment 1).
INTRODUCTION
On June 5, 2023, the Commission Standardization Ad Hoc Committee Liaisons, consisting of then Vice-Mayor Friedman and then Councilmember Nazarian, met to discuss several matters pertaining to the City’s commissions. One of the topics of discussion was whether to consolidate the Design Review Commission with the Architectural Commission. At the conclusion of the discussion the Ad Hoc Committee Liaisons recommended consolidating the commissions into a single commission in light of recruitment challenges, lack of workload for the Design Review Commission, and generally similar responsibilities between the two commissions.
On July 18, 2023, the full City Council considered the Liaisons’ recommendation to consolidate the two commissions (Attachment 2). At the conclusion of the discussion, the Council voted unanimously to direct staff to move forward with consolidation of the two commissions.
Meeting Date: May 7, 2024
DISCUSSION
The attached ordinance carries out the Council’s July 18, 2023 direction to consolidate the Design Review Commission with the Architectural Commission. The ordinance does the following:
Merges the two commissions together and establishes a new name of the “Architectural and Design Review Commission”.
Retains all existing development standards and procedural requirements for hearings and varying levels of review.
Makes no substantive changes to the structure of the commission or qualifications for becoming a commissioner.
Makes minor terminology modifications in order to align the code language with present-day standards.
Temporarily retains a total of six commissioners for the remainder of the 2024 calendar year in order to allow all commissioners to finish out their full terms.
Beginning in 2025 there will be a total of five commissioners, consistent with the City’s other commissions.
If approved, the ordinance will become effective in July, thereby formally consolidating the two commissions in the municipal code.
FISCAL IMPACT
There are no material fiscal impacts, although the consolidation will likely result in some cost savings associated with reduced staffing attendance, setup, and supplies associated with running commission meetings.
Ryan Gohlich
Assistant City Manager
Approved By
Attachment 1
Ordinance
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ORDINANCE NO. 24-O-___________
AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL CODE
TO CONSOLIDATE THE DESIGN REVIEW COMMISSION
WITH THE ARCHITECTURAL COMMISSION TO
CREATE THE ARCHITECTURAL AND DESIGN REVIEW
COMMISSION
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES ORDAIN AS FOLLOWS:
Section 1. The City Council hereby repeals Article 44 (“R-1 Design Review”) of Chapter 3 (“ZONING”) of Title 10 (“PLANNING AND ZONING”) of the Beverly Hills Municipal Code.
Section 2. The City Council hereby amends and restates Article 30 (“Architectural Commission, Architectural Review, and Procedure”) of Chapter 3 (“ZONING”) of Title 10 (“PLANNING AND ZONING”) of the Beverly Hills Municipal Code to read as follows:
“ARTICLE 30 ARCHITECTURAL AND DESIGN REVIEW COMMISSION,
ARCHITECTURAL REVIEW, DESIGN REVIEW, AND PROCEDURE
10-3-3001: PURPOSE AND INTENT:
A. Architectural Review: The Council hereby finds that Beverly Hills is internationally known and has become a worldwide synonym for beauty, quality, and value; that by far the largest area of the community is zoned for single-family residences, but a significant part is zoned for apartment, commercial, and industrial uses; that most persons who travel through Beverly Hills or do business in and with Beverly Hills do so in its apartment, commercial, and industrial areas; that there is a tendency of some owners and developers in these areas to -2-
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disregard beauty and quality in construction and a consequent serious danger that construction of inferior quality and appearance in the apartment, commercial, and industrial areas will degrade and depreciate the image, beauty, and reputation of Beverly Hills with adverse consequences for the entire City, including single-family residential areas as well as apartment, commercial, and industrial areas; and that poor quality of design in the exterior appearance of buildings erected in any neighborhood or in the development and maintenance of structures, landscaping, signs, and general appearances affect the desirability of the immediate area and neighboring areas for residential and business purposes or other uses and, by so doing, impair the benefits of occupancy of existing property in such areas, impair the stability in value of both improved and unimproved real property in such areas, prevent the most appropriate development of such areas, produce undesirable conditions affecting the health, safety, comfort, and general welfare of the inhabitants of the City, and destroy the proper relationship between the taxable value of real property in such areas and the cost of Municipal services provided therefor. It is the purpose of this article to prevent these and other harmful effects of such exterior appearances of buildings erected in any neighborhood and thus to promote and protect the health, safety, comfort, and general welfare of the community, to promote the public convenience and prosperity, to conserve the value of buildings, and to encourage the most appropriate use of land within the City.
B. Design Review: The council finds that the scale and massing of buildings in the Central R-1 zone is of concern to the community at large. Beverly Hills residential neighborhoods have traditionally been renowned for their beauty, quality, and value and provide the city's residents with an unparalleled quality of life. The characteristics are the product of generous setbacks, gracious architecture, and careful attention to detail. However, since the late 1980s emerging trends have led some owners and developers in residential areas to disregard prevailing styles -3-
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and neighborhood character in an effort to maximize development and density. The council finds that this trend has led to homes that greatly overpower the general local "lot to house size" ratio ("mansionization"). The mansionization of the city's residential neighborhoods poses a serious danger that such overbuilding will degrade and depreciate the character, image, beauty, and reputation of the city's residential neighborhoods with adverse consequences for the quality of life of all residents. The bulk and mass of such homes, as well as their general appearances, affect the desirability of the immediate area and neighboring areas for residential purposes and, by so doing, impair the benefits of occupancy of existing property in such areas, impair the stability in value of both improved and unimproved real property in such areas, prevent the most appropriate development of such areas, produce undesirable conditions affecting the health, safety, comfort, and general welfare of the inhabitants of the city, and destroy the proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this article to prevent these and other harmful effects of such overbuilding in residential neighborhoods and, thus, to promote and protect the health, safety, comfort, and general welfare of the community, to promote the public convenience and prosperity, to conserve the value of and to encourage the most appropriate development within the city's residential neighborhoods. 10-3-3002: ARCHITECTURAL AND DESIGN REVIEW COMMISSION:
An Architectural and Design Review Commission is hereby established which shall consist of five (5) members who shall be residents of the City. At least one member shall be a licensed architect in the State of California and at least one other member shall be a licensed landscape architect in the State of California. In the event no person eligible for appointment from a designated field is a resident of the City, the Council may waive the residency requirement; -4-
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provided, however, there shall be no more than two (2) nonresident members of the Architectural and Design Review Commission.
10-3-3003: DUTIES:
Unless otherwise specified herein, the duties of the Architectural and Design Review Commission shall be as follows:
A. Exercise the authority set forth in this article and as otherwise provided in this Code; B. In carrying out its duties pursuant to this code:
1. Review and authorize the overall conceptual design of proposed commercial, multifamily residential, and mixed-use structures, landscaping, and signs, recognizing that minor design details will change when construction drawings are prepared and during field construction;
2. Review and authorize the overall conceptual design of proposed single-family residences in the Central Area of the City, recognizing that some minor design details will change when construction drawings are prepared and during field construction;
3. Focus greater attention to overall design themes and less to ornamental design features, hardware, balcony railings, and other secondary features;
4. Balance the desire for efficient application processing with the desire to ensure high quality architectural and landscape designs;
5. Assist applicants in achieving their design objectives; recognize individual homeowner, business owner, and property owner interests; and allow for a diversity of designs, while ensuring overall compatibility to the neighborhood; and -5-
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C. Develop educational material that aid project applicants in achieving high quality design standards and provide guidance to applicants;
D. Recommend policies as it may deem necessary to implement the purposes of this article; E. Participate in, promote, and conduct informational and educational programs pertaining to urban design in commercial, multi-family, and single-family zones; F. Develop a program to celebrate exemplary commercial, multi- family, and single-family architecture, and landscape designs;
G. Perform any other functions that may be designated by resolution or motion of the City Council.
10-3-3004: RULES:
The Architectural and Design Review Commission shall be subject to rules and regulations adopted by the City Council for the conduct of its business and may adopt its own additional rules and regulations as deemed necessary by the Commission, to the extent such rules and regulations do not conflict with those adopted by the City Council. 10-3-0005: SECRETARY:
The Director of Community Development (“Director”) shall serve as the official secretary to the Architectural and Design Review Commission. The records of all proceedings and the basis for all findings shall be available to the Council and to the public. 10-3-3006: MEETINGS:
The Architectural and Design Review Commission shall meet at least once each month on regularly scheduled dates. Additional meetings shall be arranged in order to process applications within the time required by this code.
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10-3-3007: ARCHITECTURAL AND DESIGN REVIEW REQUIRED:
A. 1. Approval: No building, structure, sign, wall, fence, or landscaping located in any zone, other than a single-family (one-family) residential zone in the Hillside Area or Trousdale Estates, shall be erected, constructed, altered, or remodeled unless the elevations and plans for the exterior portions and areas and the interiors of mall areas, as defined in section 10-3-100 of this chapter, have first been reviewed and approved by the Director pursuant to subsection E of this section, or by the Architectural and Design Review Commission, or by the Council on appeal.
2. Exception: Notwithstanding the provisions of subsection A.1 of this section, temporary seasonal decorations may be displayed on private property, without architectural review, during the period between November 15 of each year and January 10 of the following year.
B. No exterior portion or area of an existing building, structure, sign, wall, fence, or other improvement to real property, or the interior of any mall area; located in any zone other than a single-family (one-family) residential zone in the Hillside Area or Trousdale Estates; shall be painted, repainted, textured, or retextured unless the plans, colors, and textures for such work have been reviewed and approved by the Director pursuant to subsection E of this section, by the Architectural and Design Review Commission, or by the Council on appeal.
C. No permit shall be issued for any work described in subsections A and B of this section and unless the necessary approval required therefor is first granted.
Prior to the commencement of any work described in subsections A and B of this section, an application for approval shall be made in writing to the Architectural and Design Review Commission pursuant to the procedure set forth in this article.
D. Notwithstanding the issuance of an open air dining permit pursuant to article 35 of this chapter, no open air dining operations shall be established unless the plans for all improvements, -7-
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fixtures, structures and facilities to be located in the public right of way have been reviewed and approved by the Architectural and Design Review Commission, or by the Council on appeal. For the purposes of this subsection "facilities" shall include, but not be limited to, tables and chairs.
E. When in the opinion of the Director, the approval of an application for a minor or insignificant permit does not defeat the purposes and objectives of this article, the official may grant the approval without submitting the matter to the Architectural and Design Review Commission for its approval, notwithstanding any other provision of this section or this article.
The decision of the Director may be appealed to the Architectural and Design Review Commission by filing an appeal petition with the City Clerk no later than fourteen (14) days after the official's decision. The petition shall be on a form designated by the City Clerk.
F. Notwithstanding the provisions of this section, architectural review may be a condition of the granting of a conditional use permit or a variance when required for any use or improvement in a residential zone.
G. Notwithstanding any other provision of this section, architectural review shall be a condition of the grant of a sign accommodation pursuant to chapter 4, article 9 of this title.
H. Notwithstanding any other provision of this Code, architectural review shall be a condition precedent to the approval of a final map to convert an existing multi-family residential apartment building to a common interest development project or to convert a common interest development previously created prior to January 1, 2006, to another form of common interest development in accordance with chapter 2, article 7 of this title for any building that the Planning Commission determined to be a "character contributing building" in accordance with section 10- 2-707 of this title and, based on that determination, granted a waiver of any of the requirements of said chapter 2, article 7 of this title.
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I. Design Review Tracks: No single-family residence located in a Central R-1 zone shall be erected, constructed, altered or remodeled unless the elevations and plans for the exterior portions and areas visible from the street have been first reviewed and approved by the Director or the Architectural and Design Review Commission, as appropriate, in accordance with the provisions of this article. The R-1 design review required by this article shall fall into the following two (2) tracks:
1. Track 1; Character Based Review: Under Track 1, proposed residential development will be reviewed to determine whether it substantially adheres to a defined architectural style as outlined in a style catalogue adopted by resolution of the Council. The materials and elements listed as associated with a particular style may be substituted for equivalent or like materials, equal in quality and appearance as those outlined in the style catalogue, so long as they do not detract from the architectural style to be represented. The style catalogue may be amended from time to time by resolution of the Council and will be maintained by the Director. Track 1 reviews will be limited to a determination of consistency with the approved style catalogue. If the required review determines that the proposed development adheres to a defined architectural style and meets all of the applicable development standards set forth in this chapter, the development may be granted a building permit without further design review.
2. Track 2; All Other R-1 Review: All other single-family residential development that is subject to the provisions of this article and that does not meet the criteria for a Track 1 review must submit to a full R-1 design review in accordance with the provisions of this article.
J. Exemption: The provisions of this article shall not apply to certain single-family projects as described in subsection 10-3-2426B of this chapter.
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10-3-3008: BUILDING RELOCATION:
The Architectural and Design Review Commission shall review all plans submitted with applications for moving buildings within or into the City. Photographs shall be included with the application showing all elevations, the structure proposed to be moved, the proposed site, and the buildings adjacent to the proposed site. The Architectural and Design Review Commission shall determine whether the building proposed to be moved will fit harmoniously into the neighborhood wherein it is to be located. The Architectural and Design Review Commission may approve, approve with conditions, or disapprove the issuance of a permit to move such building.
10-3-3009: ARCHITECTURAL REVIEW PROCEDURE:
A. Preliminary sketches of the design of a proposed structure or alteration may be submitted to the Community Development Department for informal review so that an applicant may be informed of Architectural and Design Review Commission policies prior to preparing working drawings. If approved, such sketches shall serve as a guide in the further consideration of the same proposed building or structure.
The applicant for a building permit, when subject to the requirements of this Article, shall submit to the Director of Community Development a site plan, as defined by section 10-3-3020 of this article, and exterior elevations and such other data as will assist the Architectural and Design Review Commission and the Director of Community Development in evaluating the proposed building or structure.
Final plans and elevations shall be provided in a format prescribed by the Director of Community Development and shall be drawn to scale and be of sufficient clarity to indicate the -10-
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nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code. The first sheet of each set of plans shall give the street address of the work and the name and address of the owner and the person who prepared the plans. The final plot plan shall conform to section 10-3-3020 of this article. Work not thus presented may be rejected by the Director of Community Development.
B. Upon receipt of a complete application, the Director shall refer the project to the Architectural and Design Review Commission at the next feasible regular meeting for a hearing, unless an extension of time is consented to by the applicant. 10-3-3010: ARCHITECTURAL REVIEW CRITERIA:
The Architectural and Design Review Commission may approve, approve with conditions, or disapprove the issuance of a building permit in any matter subject to its jurisdiction after consideration of whether the following criteria are complied with:
A. The design and aesthetics of the proposed building or structure are appropriate to the site and neighborhood and, in general, contribute to the image of Beverly Hills as an iconic community of high quality architecture and landscaping; B. The plan for the proposed building or structure indicates the manner in which the structure is reasonably protected against external and internal noise, vibrations, and other factors which may tend to make the environment less desirable;
C. The proposed building or structure is not, in its exterior design and appearance, of inferior quality such as to cause the nature of the local environment to materially depreciate in appearance and value;
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D. The proposed building or structure is in harmony with the proposed developments on land in the general area, with the general plan for Beverly Hills, and with any precise plans adopted pursuant to the general plan; and
E. The proposed development is in conformity with the standards of this Code and other applicable laws insofar as the location and appearance of the buildings and structures are involved.
F. In addition to the foregoing criteria, in connection with any application to convert an existing residential apartment building determined by the Planning Commission to be a "character contributing building" in accordance with section 10-2-707 of this title, the Architectural and Design Review Commission shall not approve a renovation to the exterior of a character contributing building unless it makes the following additional finding:
1. The proposed development is designed in a manner that protects and preserves those exterior elements of the building which the Planning Commission found contributed to the determination of the project as a "character contributing building" in accordance with section 10- 2-707 of this title.
If the criteria set forth in this section are met, the application shall be approved. Conditions may be applied when the proposed building or structure does not comply with such criteria and shall be such as to bring such building or structure into conformity. If an application is disapproved, the Architectural and Design Review Commission shall detail in its findings the criterion or criteria that are not met. The action taken by the Architectural and Design Review Commission shall be reduced to writing and signed by the chairman, and a copy thereof shall be made available to the applicant upon request.
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A decision or order of the Architectural and Design Review Commission or the Director shall not become effective until the expiration of fourteen (14) calendar days after the date upon which a ruling of the Architectural and Design Review Commission or the Director has been made.
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 that has been determined by the Planning Commission to be a "character contributing building" in accordance with section 10-2-707 of this title to a common interest development within the meaning and definitions of that article. 10-3-3011: DESIGN REVIEW AUTHORITY:
The reviewing authority for the R-1 design review required by this article shall be as follows:
A. Track 1; Character Based Guide: Unless otherwise specified, the reviewing authority for a Track 1 review shall be the Director or their designee. If, in the opinion of the Director, an application merits review by the Architectural and Design Review Commission, the Director may refer such application to the Architectural and Design Review Commission and the Architectural and Design Review Commission shall serve as the reviewing authority and shall conduct a noticed hearing regarding the request for Track 1 R-1 design review approval in accordance with the provisions of this article.
B. Track 2; All Other Review: The reviewing authority for Track 2 review shall be the Architectural and Design Review Commission.
10-3-3012: R-1 DESIGN REVIEW APPLICATION:
Applications for R-1 design review shall be in writing on a form prescribed by the Director and shall contain the following information:
A. The name, phone number and address of the applicant. -13-
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B. For applications to the Director (Track 1 reviews), a complete set of plans in a format prescribed by the Director, prepared by a licensed architect containing such information specified in subsection D of this section, as appropriate, as the Director deems necessary and such additional information as may be required by the Director in their sole discretion.
C. For hearings before the Architectural and Design Review Commission (Track 2 or appeals of decisions of the Director), a complete set of plans in a format and number of copies prescribed by the Director, containing the information specified in subsection D of this section, as appropriate.
D. If the review is for a remodel or new residence:
1. A site plan drawn in accordance with the provisions of section 10-3-3020 of this chapter;
2. A roof plan;
3. A floor plan:
4. Window and door sizes;
5. Elevations of all sides of the residence;
6. Plans detailing all significant architectural features;
7. A conceptual landscape plan;
8. Color and material sample boards;
9. Window examples;
10. Street elevation(s) and color rendering; and
11. Photographs of surrounding development.
10-3-3013: DESIGN REVIEW TRACK DETERMINATION; CONCEPT REVIEW:
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Upon receipt of a complete application, the Director shall first determine which track the review shall proceed under. If the Director determines that the proposed development qualifies for a Track 1 review, the Director shall conduct a review of the plans to determine whether they comply with the requirements of the style catalogue. If the Director determines that the proposed development requires a Track 2 review, the Director shall refer the project to the Architectural and Design Review Commission at the next feasible regular meeting for a hearing, unless an extension of time is consented to by the applicant.
10-3-3014: NOTICE OF DESIGN REVIEW HEARINGS:
Noticing for design review hearings shall be completed in accordance with article 2.5 of this chapter and the City's public notice guidelines.
10-3-3015: CONDUCT OF DESIGN REVIEW HEARINGS:
At the time and place fixed for the design review hearing, the Architectural and Design Review Commission shall hear such relevant evidence as may be presented, either for or against the application, in accordance with such rules of procedure as may be established by the Architectural and Design Review Commission; provided, however, at the time and place fixed for the hearing or continued hearing, the hearing may be continued or further continued to a date certain, and no further notice of such continued hearing need be given. 10-3-3016: DESIGN REVIEW REQUIRED FINDINGS:
The Architectural and Design Review Commission may approve, approve with conditions, or disapprove the issuance of a building permit in any matter subject to its jurisdiction after considering whether the proposed development complies with the following criteria:
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A. The proposed development's design exhibits cohesive internal and external programming and circulation;
B. The proposed development's design appropriately minimizes the appearance of scale and mass and enhances the garden like quality of the City and appropriately maximizes the use of required open space within the proposed architectural style; C. The proposed development will enhance the appearance of the neighborhood; D. The proposed development is designed to balance the reasonable expectation of development for the owner with the reasonable expectation of privacy of neighbors; and E. The proposed development respects prevailing site design patterns, carefully analyzing the characteristics of the surrounding group of homes, and integrates appropriate features that will ensure harmony between old and new.
If the criteria set forth in this section are met, the application shall be approved. When the proposed development does not comply with the criteria set forth in this section, the reviewing authority may impose such conditions as it deems necessary to bring the proposed development into conformity with the provisions of this article.
10-3-3017: DESIGN REVIEW NOTICES OF DECISION:
A. Written Decision Required: The action taken by the reviewing authority shall be reduced to writing with reasonable promptness after the hearing is concluded, setting forth its findings and conclusions. All decisions of the Architectural and Design Review Commission shall be set forth in a resolution signed by Chair of the Commission. If an application is disapproved, the written decision shall detail in its findings the criterion or criteria that were not met by the proposed development.
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B. Notice Of Decision: Within five (5) days after the issuance of a decision by the reviewing authority, the Director shall cause a copy of the decision to be provided to each of the following persons:
1. The applicant; and
2. Each person affected by the decision who previously filed with the director a written request therefor.
C. Effective Date Of Decision: A decision or order of the Architectural and Design Review Commission or the Director shall not become effective until the expiration of fourteen (14) calendar days after the date upon which a ruling of the Architectural and Design Review Commission or the Director has been made.
10-3-3018: APPEALS:
A. Decisions of the Director: The applicant may appeal any decision of the Director to the Architectural and Design Review Commission. A written appeal petition on a form prescribed by the City Clerk shall be filed with the City Clerk within fourteen (14) calendar days after the date of the decision being appealed. In the event the last day of the filing period falls on a nonbusiness day, the appeal period shall be extended to include the next business day. The timely filing of the appeal petition is jurisdictional. The fee schedule for appeal petitions shall be approved by the Council.
B. Decisions of the Architectural and Design Review Commission: The applicant or any aggrieved person may appeal any decision of the Architectural and Design Review Commission to the City Council as provided in Title 1, Chapter 4, Article 1 of this Code. -17-
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C. Any appeal of an Architectural Review or Design Review decision shall be limited to the specific findings that the aggrieved party finds objectionable. The appeal petition shall contain a statement of the facts upon which the appeal is taken and shall clearly state which findings the appellant is contesting. Notwithstanding any other provision of this Code, the hearing conducted before the appellate body shall not be a de novo hearing of the entire application but shall be limited to those findings challenged in the appeal.
10-3-3019: TIME FOR EXERCISE OF RIGHTS:
Unless otherwise provided in the resolution granting an 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.
10-3-3020: ARCHITECTURAL REVIEW SITE PLANS:
A site plan shall be drawn to scale and shall indicate the following sufficiently for the consideration of visual, safety, and economic factors:
A. The dimensions and orientation of the parcel;
B. The location of the buildings and structures, both existing and proposed; C. The location of off street parking and loading facilities; D. The location and dimensions of present and proposed street and highway dedications required to handle the traffic generated by the proposed uses; E. The location of the points of entry and exit for motor vehicles and the internal circulation pattern;
F. The location of walls and fences and the indication of their height and the materials of their construction;
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G. An indication of the exterior lighting standards and devices adequate to review the possible hazards and disturbances to the public and adjacent properties; H. The location and size of the exterior signs and outdoor advertising; I. A preliminary landscaping plan;
J. The grading and slopes where they affect the relationship of the buildings; K. An indication of the heights of buildings and structures; L. An indication of the proposed use of the buildings shown on the site; and M. Such other architectural and engineering data as may be required to permit the necessary findings that the provisions of this code are being complied with.
The requirements set forth in subsections A through M of this section may be waived by the Director if they deem the information not essential.
Where an attachment or minor addition to an existing building or structure is proposed, the site plan shall indicate the relationship of such proposal to the existing development. 10-3-3021: ENCROACHMENTS:
Applications for permission to encroach upon city property, such as refacing a building, may be referred to the Architectural and Design Review Commission. The Commission shall make recommendations to the Council in such cases as to whether the alterations proposed would conform to the standards set forth in this article.
10-3-3022: ARCHITECTURAL AND DESIGN REVIEW FILING FEES:
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Architectural and design review application filing fees shall be established by the City Council, provided, however, no fee shall be required for any architectural review required by subsection 10-3-3007B of this Chapter.
10-3-3023: RESTAURANTS:
The Commission Chair shall appoint a two (2) member restaurant subcommittee to review certain restaurant applications. The chair may select an alternate member or members in the event the restaurant subcommittee members are unable to meet within fourteen (14) days of a complete application filing that is subject to the provisions of this section. In the event a subcommittee meeting does not occur within fourteen (14) days, the matter shall be scheduled for the next available Commission meeting.
Upon the filing of a complete application with the Community Development Department for a project that requires architectural review and is solely related to a restaurant use, the following regulations shall apply:
A. Within fourteen (14) days of the date on which an application is deemed complete, the Architectural and Design Review Commission shall review the application or the restaurant subcommittee of the Architectural and Design Review Commission and the Director, or their designee, shall meet for the purposes of determining whether the project is minor and not subject to review before the Architectural and Design Review Commission. The Architectural and Design Review Commission restaurant subcommittee decision that the project is minor must be unanimous, otherwise the matter shall be scheduled for the next available Architectural and Design Review Commission meeting. Projects determined minor shall be approved by the Director or designee.
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B. For projects that require review before the Architectural and Design Review Commission, the application shall be approved, approved with conditions, or denied in one meeting. The Commission shall not have the authority to impose conditions of approval requiring further review by any authority other than the Director, except as provided below. If no action is rendered at the meeting, the application shall be deemed denied.
1. The Architectural and Design Review Commission may delegate final action to the restaurant subcommittee. If delegated, the restaurant subcommittee shall make a decision within fourteen (14) days after the Architectural and Design Review Commission meeting unless the applicant requests an extension of this deadline. A unanimous approval of the restaurant subcommittee is required for the project to be approved. All other action by the restaurant subcommittee, including a failure of the subcommittee to meet within fourteen (14) days or the time period as extended upon request of the applicant, shall be determined to be a technical denial. Final decisions of the restaurant subcommittee pursuant to this subsection shall be appealable to the City Council pursuant to Title 1, Chapter 4, Article 1 of this Code.
C. Applications that include a request for a sign accommodation shall comply with chapter 4 of this title, however, such applications shall not be subject to the public notice requirements in section 10-4-904 of this title.
D. Applications for temporary construction barricades that include graphics and will remain in place for less than six (6) months shall be approved or denied by the Director of Community Development. The Director of Community Development may forward any construction barricade application to the Architectural and Design Review Commission to be processed pursuant to subsection B of this section. Temporary construction barricades with graphics that -21-
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will remain in place for a period of six (6) months or longer shall require Architectural and Design Review Commission review pursuant to subsection B of this section.
Section 3. The purpose of this ordinance is to merge the Design Review Commission with the Architectural Commission. As of July 1, 2024, the effective date of the changes made by this ordinance, there will be one remaining Design Review Commissioner whose term will expire on December 31, 2026, and two Architectural Commissioners whose terms will expire on December 31, 2024. As a consequence, and notwithstanding any other provision of this ordinance, , the Architectural and Design Review Commission will have a total of six members for the period of July 1, 2024 through December 31, 2024. During this period a tie vote of the Architectural and Design Review Commission will result in a denial of the motion that is the subject of the vote.
After December 31, 2024 the Architectural and Design Review Commission will have a total of five members.
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 full force and effect.
Section 5. 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. -22-
B0785-0001\2919814v6.doc
Section 6. 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. However, the provisions of this ordinance shall not come into operation until July 1, 2024.
Adopted:
Effective:
LESTER J. FRIEDMAN
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 NANCY HUNT-COFFEY
City Attorney City Manager
Attachment 2
July 18, 2023 City Council Report
STAFF REPORT
Meeting Date: July 18, 2023
To: Honorable Mayor & City Council
From: Ryan Gohlich, AICP, Assistant City Manager
Subject: Commission Standardization Ad Hoc Committee
Recommendations
Attachments: 1. June 5, 2023 Commission Standardization Ad Hoc Committee Packet
INTRODUCTION
As part of ongoing efforts to standardize the functions and practices of the City’s various Commissions, the City Council has created a Commission Standardization Ad Hoc Committee. The Committee meets on an as-needed basis in order to address matters pertaining to the City’s commissions, with issues typically being elevated to the Ad Hoc Committee for consideration by members of the Council or City staff. The Committee’s most recent meeting occurred on June 5, 2023, and covered the following topics as discussed in this report:
Background Checks for Commissioners
Design Review Commission Duties and Workload
Interview and Selection Process for the Rent Stabilization Commission
DISCUSSION
This section provides an overview of the above topics, with information on the Ad Hoc Committee’s recommendations.
Background Checks for Commissioners. Presently, the City does not require background checks for commissioners, but does require background checks for all City staff. Given that commissioners serve as representatives of Beverly Hills and the City Council, the Ad Hoc Committee recommends that background checks be performed for all incoming commissioners under the following categories:
• Criminal convictions
• Bankruptcies
• Lawsuits
• Suspended or revoked professional licenses
• Disciplinary actions by professional boards/bodies (e.g. medical board, state bar, etc.)
Meeting Date: July 18, 2023
In order to expedite the recruitment process and avoid unnecessarily performing background checks on all applicants, the Ad Hoc Committee recommends requiring background checks only for commissioner finalists, plus one back-up candidate in the event that a finalist is disqualified as a result of the background check. Any adverse information identified during the background check process could be used to inform the final candidate recommendations.
Design Review Commission Duties and Workload. Over the past several years there has been a decline in cases brought forward to the Design Review Commission. Based on discussions with staff and applicants, this decline appears to be attributed to the majority of applicants electing to utilize the City’s streamlined Track 1 design review process, which allows homes to be approved at the staff level if the home is designed by a licensed architect and adheres to a pure architectural style. Track 1 is intended to incentivize tasteful design by minimizing the permitting process. While this has proven to be popular with applicants and achieved the City’s goal of improving the design of new single-family homes, it also appears to have reduced the Commission’s workload. In light of the Commission’s reduced workload, coupled with prior recruitment challenges and the fact that the Architectural Commission performs duties similar to the Design Review Commission, the Ad Hoc Committee recommends consolidating the Design Review Commission with the Architectural Commission.
Notably, in order to have a minimal impact on the existing review process and current commissioners, the Ad Hoc Committee recommends the following:
• Retain the existing requirements and process for Design Review, with the only change being the body that reviews Design Review applications. • Retain existing Design Review Commissioners that have not completed their terms so that terms are not cut short. This would result in a seven-member commission for a period of time, with the commission ultimately returning to a five-member commission as terms end.
Interview and Selection Process for the Rent Stabilization Commission. When recruitments are performed for the City’s various commissions, the chair and vice-chair from each commission sit on the interview panel. Given that the Rent Stabilization Commission is comprised of three categories of members (tenants, landlords, and atlarge) there are instances when a landlord member may sit on an interview panel for a tenant recruitment and vice versa. Councilmember Mirisch has asked that the Council consider restructuring the Rent Stabilization Commission interview process to have a tenant member sit on tenant interviews and a landlord member sit on landlord interviews.
The Ad Hoc Committee reviewed this request and did not form a strong opinion on restructuring the interview process; however, did conclude that if the structure were to change, interviews should simply be performed by both at-large members (thereby precluding tenant and landlord involvement) in order to achieve the most balanced interview process. Structures considered by the Ad Committee were as follows:
• Have both at-large members sit on the interview panel with the Council Liaisons • Have a tenant or landlord representative assume the interview role of the vicechair in the event that the vice-chair is not a member of the group being interviewed for
• Add a third commissioner to the interview panel from the group being interviewed for in the event that the vice-chair is not a member of that group • Retain the existing chair and vice-chair format to be consistent with other commissions
Meeting Date: July 18, 2023
FISCAL IMPACT
There is no significant fiscal impact associated with the recommendations contained in this report. The one item that could result in a limited fiscal impact is if background checks are required for commissioners. Background checks would likely need to be performed by an outside vendor, and the cost of the background checks would be dependent on the frequency of background checks performed each year and the number/types of categories checked. Any substantial costs that cannot be absorbed by existing budgets would be presented to the Council for further consideration.
RECOMMENDATION
Staff recommends that the City Council receive the Ad Hoc Committee’s recommendations and provide staff with direction on the following:
• Should background checks be required for incoming commissioners, and if so, should the categories recommended by the Ad Hoc Committee be adopted? • Should the Design Review Commission be merged with the Architectural Commission to form one consolidated commission that handles design-related matters?
• Should the interview process for the Rent Stabilization Commission be restructured to be different from the City’s current process?
NEXT STEPS
If the Council is supportive of the Ad Hoc Committee’s recommendations staff will return with any additional actions that may be required (such as an ordinance reflect commission consolidation within the municipal code) in order to implement the Council’s direction.
Ryan Gohlich, AICP,
Assistant City Manager
Approved By