Item E-7 Agenda Report — Beverly Hills City Council, September 10, 2024

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AGENDA REPORT
Meeting Date: September 10, 2024
Item No.:

To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
David M. Snow, Assistant City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING TITLE 1, CHAPTER 4, OF THE BEVERLY HILLS MUNICIPAL

CODE ESTABLISHING APPEAL AND CITY COUNCIL REVIEW

PROCESSES AND ADDING PROCESSES FOR HOUSING

DEVELOPMENT PROJECTS
Attachments: 1. Proposed Ordinance

2. Redline of Changes to Existing Codes

3. Existing Text of Chapter 4 of Title 1 of the Beverly Hills Municipal Code

RECOMMENDATION
It is recommended that the City Council move to waive the full reading and introduce by title only the ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING TITLE 1, CHAPTER 4, OF THE BEVERLY HILLS MUNICIPAL CODE

ESTABLISHING APPEAL AND CITY COUNCIL REVIEW PROCESSES AND ADDING PROCESSES FOR HOUSING DEVELOPMENT PROJECTS” and find the ordinance exempt from the California Environmental Quality Act.

INTRODUCTION
Current appeal and Council ordered review processes involve at least two City Council meetings. While this process has worked well in the past, state law limitations on the number of meetings that a city can hold for housing development projects necessitate streamlining of the appeals and Council ordered review processes to preserve meetings for other commission decisions and to preserve, to the extent possible, the ability for the City Council to continue a hearing for further consideration.

E-7
Meeting Date: September 10, 2024

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DISCUSSION
Government Code section 65905.5 limits to five the number of hearings that cities may conduct in conjunction with the review of housing development projects. For purposes of section 65905.5, a “housing development project” is defined to include “a use consisting of any of the following:
“(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use. (C) Transitional housing or supportive housing.” (Govt. Code Section 65589.5 (h)(2).)
In addition to the foregoing, for purposes of 65905.5, “housing development projects” also include “a proposal to construct a single dwelling unit.” (Govt. Code Section 65905.5(b)(3)(C).

Government Code Section 65905.5 broadly defines what constitutes a “hearing” as follows:
“(2) “Hearing” includes any public hearing, workshop, or similar meeting, including any appeal, conducted by the city or county with respect to the housing development project, including any meeting relating to Section 65915, whether by the legislative body of the city or county, the planning agency established pursuant to Section 65100, or any other agency, department, board, commission, or any other designated hearing officer or body of the city or county, or any committee or subcommittee thereof. “Hearing” does not include a hearing to review a legislative approval, including any appeal, required for a proposed housing development project, including, but not limited to, a general plan amendment, a specific plan adoption or amendment, or a zoning amendment, or any hearing arising from a timely appeal of the approval or disapproval of a legislative approval.” (Govt. Code Section 65905.5(b)(2).)
Further, Section 65905.5 (a) provides that “[i]f the city … continues a hearing subject to this section to another date, the continued hearing shall count as one of the five hearings allowed under this section.” Thus, the initial meeting and each continued meeting all count toward the five meeting limitation.

While there is an argument that the City’s “to set” meeting for appeals and the meeting to consider ordering review for Council call up items should not count as “hearings”, the breadth of the statutory definition in conjunction with continued hearings each counting toward the five meetings, staff and the City attorney’s office recommend avoiding the issue by streamlining the appeal and Council ordered review processes so that they involve only one City Council “hearing.”
Appeals of Housing Development Projects
As background, the current appeal and council review provisions in Chapter 4 of Title 1 of the Municipal Code, provide a process involving two City Council meetings. For appeals, a “to set” item is placed on an agenda at which the City Council considers whether to 1) Meeting Date: September 10, 2024

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refer the matter back to the commission, board or official that rendered the decision for rehearing if the appeal petition contains new and material evidence not previously presented to the underlying decision maker(s); or 2) set the matter for a hearing. (BHMC Section 1-4-105.) Similarly, for City Council ordered review of administrative decisions, which must be ordered by motion of the City Council within 30 days after the issuance of the administrative decision, the City Council first considers whether or not to order review, and if review is ordered, the item is placed on a future agenda for a noticed hearing.

Given the broad definition of “hearing” for purposes of the five meeting rule in Section 65905.5, the appeal and council ordered review processes each arguably entail two hearings, leaving only three hearings for consideration by the Planning Commission and Architectural & Design Review Commission, and any other “hearing” that may be required for a particular housing development project. Thus, staff recommends, and the Council has previously directed, that the appeal and council order review process for housing development projects be streamlined to be accomplished in a single “hearing.” The proposed ordinance adds a new Article 3 to Chapter 4 of Title 1 of the Municipal Code to establish an appeal process tailored for housing development projects subject to the five meeting limitation. While most of the procedures will remain the same as the general appeal provisions of Article 1, the new process allows for appeals of staff level decisions to the Planning Commission or other applicable Commission, and Commission level decisions to the City Council, except that appeals of staff level application completeness determinations pursuant to the Permit Streamlining Act (Govt. Code Section 65943) are appealable directly to the City Council, given the 60-day period in which a decision on such appeals must be rendered per Govt. Code Section 65943(c).

City Council hearings for housing development project appeals will be set by the City Manager, without a “to set” meeting, whereas commission hearings of appeals will be set by Community Development Director. Hearing notification will be the same as for other appeals.

City Council Ordered Review for Housing Development Projects In order to streamline the Council ordered review process for housing development projects, staff proposes a process by which City Council members can, within a 14 day period after the decision is rendered, submit a request to the City Manager, in writing requesting that the item be called up for Council review. If the City Manager receives written requests from two or more City Council members during the 14 day period, the item would be set for hearing, without the need for a formal vote of the council to order review. Staff envisions preparing a streamlined form for use by Council members in requesting review.

Other Revisions
In addition to the foregoing, other cleanup and consistency revisions are proposed as shown in the redlined version showing the changes as compared to the current Codes.

These revisions include clarifications that decisions, whether subject to appeal, Council consideration of whether to order review, or Council ordered review, are all stayed pending final decision on the appeal or review is rendered.

Meeting Date: September 10, 2024

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ENVIRONMENTAL ASSESSMENT
The project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), and the environmental regulations of the City. Upon review, the project appears to qualify exemption pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed procedural amendments may have a significant effect on the environment. Thus staff recommends that the City Council find the project exempt from CEQA.

FISCAL IMPACT
There is no fiscal impact, as appeal fees are set to cover the costs, however, in many cases the processing costs exceed the fees. As to Council ordered reviews, costs are currently covered by the City within the operating budget, which would not change as a result of the amendments.

Laurence S. Wiener,
City Attorney
Approved By
I. ;uewqoe;
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ORDINANCE NO. 24-O-________

AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING TITLE 1, CHAPTER 4, OF THE BEVERLY HILLS

MUNICIPAL CODE ESTABLISHING APPEAL AND CITY

COUNCIL REVIEW PROCESSES AND ADDING PROCESSES

FOR HOUSING DEVELOPMENT PROJECTS

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

Section 1. This Ordinance amends the City of Beverly Hills Municipal Code to add a procedure for processing appeals and City Council ordered reviews of decisions on housing development projects as defined in Government Code Section 65905.5(b)(3), along with other amendments for consistency.

Section 2. The City Council, at a regular meeting, considered the Ordinance on September 10, 2024, as prescribed by law, at which time City staff and interested persons had an opportunity to testify either in support or against this matter. Thereafter, the City Council considered the entire record of information received before the City Council, conducted first reading and introduced this ordinance.

Section 3. The City Council hereby amends paragraph B of Section 1-4-105 (Consideration of Appeal Petitions) and Sections 4-1-107 and 4-1-108 of Article 1, of Chapter 4 of Title 1 to the Beverly Hills Municipal Code to read as follows, with all other provision in Section 1-4-105 remaining in effect:
“B. Except as provided for in subsection A of this section, the Council shall set the matter for a hearing. At least twenty (20) days prior to the hearing, written notice shall be mailed -2-
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to the appellant and to other persons who appeared and addressed the board, commission, or official at the prior hearing on the matter, and such other notice as required by law for the decision being appealed shall also be given.

Sec. 1-4-107. DECISIONS BY THE COUNCIL FINAL
Upon the hearing of the appeal, the Council may refer the matter back to the board, commission or official with directions for further consideration, or the Council may reverse, affirm or modify the decision, or make such decision or determination as may appear just and reasonable in light of the evidence presented.

Sec. 1-4-108. FINDINGS BY THE COUNCIL
The Council shall adopt written findings that include the reasons for the Council’s decision, including but not limited to, findings of fact required by the Code sections or ordinance upon which the appeal is based.”
Section 4. The City Council hereby amends Article 2, of Chapter 4 of Title 1 to the Beverly Hills Municipal Code in its entirety to read as follows:
“ARTICLE 2. COUNCIL ORDERED REVIEW OF ADMINISTRATIVE DECISIONS 1-4-201: RIGHT TO REVIEW:

A. The Council may order a review of any discretionary decision made by any commission, board, or official of the City, except as otherwise provided in this Code. Such review may be ordered by motion of the Council duly adopted within thirty (30) calendar days after the issuance of the decision. If a City Council member requests an agenda item for the Council to consider ordering the review of a discretionary decision, then effectiveness of any permit, entitlement to use, or other right granted by the decision -3-
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appealed from shall be stayed until either (1) Council decides not to set the decision for review, or (2) City Council review is final.

B. In addition to the procedure in paragraph A above, the Council may review any discretionary decision made by any commission, board, or official on a Housing Development Project pursuant to the procedures in this paragraph B. Upon the receipt by the City Manager of written requests from two or more City Council members requesting a hearing on a decision on a Housing Development Project during a fourteen (14) day call up period, the effectiveness of any permit, entitlement to use, or other right granted by the decision appealed from shall be stayed until Council review is final, and the City Manager shall deem the matter called up and set the matter for a hearing before the City Council.

C. “Housing Development Project” as used in this Article, has the same meaning as set forth in California Government Code Section 65905.5(b)(3), as it may be amended from time to time.
1-4-202: SETTING HEARINGS:

Upon the adoption of an order for a review of a decision per Section 1-4-201 A., the Mayor shall fix a time and place for the hearing. The City Manager shall set hearings for the review ordered by the City Council pursuant to Section 1-4-201 B.

At least twenty (20) days prior to the hearing, written notice shall be mailed to the applicant and such other persons who appeared and addressed the board, commission, or official at the previous hearing on the matter, and such other notice as required by law for the decision being reviewed shall also be given.
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1-4-203: HEARINGS BY THE COUNCIL:

Unless otherwise ordered and noticed, hearings shall be held as a part of the regular meetings of the Council. The hearings shall be de novo in that an independent reexamination of the matter shall be made. Any oral or documentary evidence may be received, but the Mayor shall exclude irrelevant, immaterial, or unduly repetitious evidence. It shall not be a ground for objection that the evidence is hearsay or secondary, but the Council's decision shall be made upon substantial evidence. 1-4-204: DECISIONS AND FINDINGS:

The provisions of sections 1-4-107 and 1-4-108 of this chapter shall be applicable to the decisions of the Council.”
Section 5. The City Council hereby adds a new Article 3, of Chapter 4 of Title 1 to the Beverly Hills Municipal Code to read as follows:
“ARTICLE 3. APPEAL OF ADMINISTRATIVE DECISIONS ON HOUSING

DEVELOPMENT PROJECTS
1-4-301: DEFINITIONS:
“Housing Development Project” as used in this Article, has the same meaning as set forth in California Government Code Section 65905.5(b)(3), as it may be amended from time to time.
1-4-302: RIGHT TO APPEAL:

A. A right to appeal exists for any act, ruling, or determination of any commission, board, or official on a Housing Development Project. Staff level decisions shall be appealable to the Planning Commission, and Commission level decisions shall be -5-
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appealable to the City Council, except that any appeal pursuant to Government Code Section 65943 regarding a completeness determination for a Housing Development Project shall be considered by the City Council in the first instance.

C. No appeal pursuant to the provisions of this article may be taken from any administrative decision made by an official of the City, unless the decision to appeal has been first taken up with the official rendering the decision. 1-4-303: TIME WITHIN WHICH APPEAL PETITIONS MUST BE FILED; WITHDRAWAL OF APPEAL PETITIONS:

A. Any appeal petition for a Housing Development Project shall be filed with the city clerk within fourteen (14) calendar days after the date of the decision. 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 and maintained on file by the director of finance. The effectiveness of any decision that is timely appealed shall be stayed until a final decision on the appeal is rendered and all administrative appeal periods have expired.
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B. If an appeal petition seeking City Council review of a decision, filed pursuant to subsection A of this section, is withdrawn at any time prior to the City Council decision on the appeal petition, then subsequent to such withdrawal, the City Council may review the decision upon receipt by the City Manager of written requests from two or more City Council members requesting a hearing on the decision during a fourteen (14) calendar day period following withdrawal of the appeal. If the City Council orders a review of such a decision, the effectiveness of such decision shall be stayed until City Council review is final.
1-4-304: CONTENTS OF APPEAL PETITIONS:

Every appeal petition for a Housing Development Project shall contain a statement of the facts upon which the appeal is based in sufficient detail to enable the appellate body to understand the nature of the controversy, the basis of the appeal, and the relief requested. 1-4-305: STAYS PENDING APPEALS:

Upon the filing of an appeal petition for a Housing Development Project, the effectiveness of any permit, entitlement to use, or other right granted by the decision appealed from shall be stayed pending a final decision by the appellate body. 1-4-306: CONSIDERATION OF APPEAL PETITIONS:

After an appeal petition is filed in accordance with this article, the City Manager shall set the matter for a hearing before the City Council when the Council is the appellate authority, or, the Community Development Director shall set the matter for hearing before the appropriate Commission when a Commission is the appellate authority. At least twenty (20) days prior to the hearing, written notice shall be mailed to the appellant and to other -7-
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persons who appeared and addressed the board, commission, or official at the prior hearing on the matter, and such other notice as required by law for the decision being reviewed shall also be given.
1-4-307: HEARINGS BY THE APPELLATE BODY:

Hearings on appeals of any act, ruling, or determination of any commission, board, or official on a Housing Development Project pursuant to this Article are subject to the same rules as hearings for any other Administrative Decision as set forth in Section 1-4-106, of this Chapter.
1-4-308: DECISIONS BY THE APPELLATE BODY:

The appellate body may reverse, affirm, or modify the decision or may make such decision or determination as may appear just and reasonable in the light of the evidence presented. 1-4-309: FINDINGS BY THE APPELLATE BODY:

The appellate body shall adopt written findings that include the reasons for the appellate body’s decision, including but not limited to, findings of fact required by the Code sections or ordinance upon which the appeal if based.”
Section 6. CEQA. The City Council finds and determines that this Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the procedural amendments in question may have a significant effect on the environment.

Section 7. 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 -8-
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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 8. 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.

Section 9. 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:

LESTER M. 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
City Attorney

NANCY HUNT-COFFEY
City Manager
Attachment 2
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Beverly Hills Municipal Code
Title 1. General Provisions
Chapter 4. Appeal and Review Procedures
ARTICLE 1. APPEAL OF ADMINISTRATIVE DECISIONS TO COUNCIL 1-4-105: CONSIDERATION OF APPEAL PETITIONS:

B. Except as provided for in subsection A of this section, the Council shall set the matter for a hearing. At least twenty (20) days prior to the hearing, written notice shall be mailed to the appellant and to other persons who appeared and addressed the board, commission, or official at the prior hearing on the matter, and such other notice as required by law for the previous hearingdecision being appealed shall also be given.
1-4-107: DECISIONS BY THE COUNCIL FINAL:

Upon the hearing of the appeal, the Council may refer the matter back to the board, commission, or official, with directions for further consideration, or the Council may reverse, affirm, or modify the decision, or may make such decision or determination as may appear just and reasonable in the light of the evidence presented. The decision of the Council shall be final and conclusive at one minute after twelve o'clock (12:01) A.M. on the first day after issuance. 1-4-108: FINDINGS BY THE COUNCIL:

The Council shall prepareadopt written findings if, prior to closing the public hearing, the appellant, the applicant, or an aggrieved party requests the Council to make written findings. In such event, the Council shall direct the City Attorney to draft a resolution containing the facts found to be true, which findings shall be considered and adopted by resolution at a subsequent regular meeting of the Council. The findings shallthat include the reasons for the Council'’s rulingdecision, including, but not limited to, findings of facts, if any,fact required by the Code sections or ordinance upon which the appeal is based.

ARTICLE 2. COUNCIL ORDERED REVIEW OF ADMINISTRATIVE DECISIONS 1-4-201: RIGHT TO REVIEW:

A. The Council may order a review of any discretionary decision made by any commission, board, or official of the City, except as otherwise provided in this Code. Such review may be ordered by motion of the Council duly adopted within thirty (30) calendar days after the issuance of the decision. If the Council orders a City Council member requests an agenda item for the Council to consider ordering the review of a discretionary decision, thethen effectiveness of suchany permit, entitlement to use, or other right granted by the decision appealed from shall be stayed until either (1) Council decides not to set the decision for review, or (2) City Council review is final.

At least twenty (20) days prior to the hearing, written notice shall be mailed to the applicant and such other persons who appeared and addressed the board, commission, or official at the previous hearing on the matter, and such other notice as required by law for the previous hearingdecision being reviewed shall also be given.
1-4-203: HEARINGS BY THE COUNCIL:

Unless otherwise ordered and noticed, hearings shall be held as a part of the regular meetings of the Council. The hearings shall be de novo in that an independent reexamination of the matter shall be made. The Council may decide the matter upon the record or may take additional evidence. Any oral or documentary evidence may be received, but the Mayor shall exclude irrelevant, immaterial, or unduly repetitious evidence. It shall not be a ground for objection that the evidence is hearsay or secondary, but the Council's decision shall be made upon substantial evidence.
1-4-204: DECISIONS AND FINDINGS:

The provisions of sections 1-4-107 and 1-4-108 of this chapter shall be applicable to the decisions of the Council.

ARTICLE 3. APPEAL OF ADMINISTRATIVE DECISIONS ON HOUSING DEVELOPMENT

PROJECTS
1-4-301: DEFINITIONS:
“Housing Development Project” as used in this Article, has the same meaning as set forth in California Government Code Section 65905.5(b)(3), as it may be amended from time to time. 1-4-302: RIGHT TO APPEAL:

A. A right to appeal exists for any act, ruling, or determination of any commission, board, or official on a Housing Development Project. Staff level decisions shall be appealable to the Planning Commission, and Commission level decisions shall be appealable to the City Council, except that any appeal pursuant to Government Code Section 65943 regarding a completeness determination for a Housing Development Project shall be considered by the City Council in the first instance.

B. No right of appeal to the City Council from any administrative decision on a Housing Development Project made by an official of the City pursuant to any of the provisions of this code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code.
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C. No appeal pursuant to the provisions of this article may be taken from any administrative decision made by an official of the City, unless the decision to appeal has been first taken up with the official rendering the decision.
1-4-303: TIME WITHIN WHICH APPEAL PETITIONS MUST BE FILED; WITHDRAWAL OF APPEAL PETITIONS:

B. If an appeal petition seeking City Council review of a decision, filed pursuant to subsection A of this section, is withdrawn at any time prior to the City Council decision on the appeal petition, then subsequent to such withdrawal, the City Council may review the decision upon receipt by the City Manager of written requests from two or more City Council members requesting a hearing on the decision during a fourteen (14) calendar day period following withdrawal of the appeal. If the City Council orders a review of such a decision, the effectiveness of such decision shall be stayed until City Council review is final.
1-4-304: CONTENTS OF APPEAL PETITIONS:

After an appeal petition is filed in accordance with this article, the City Manager shall set the matter for a hearing before the City Council when the Council is the appellate authority, or, the Community Development Director shall set the matter for hearing before the appropriate Commission when a Commission is the appellate authority. At least twenty (20) days prior to the hearing, written notice shall be mailed to the appellant and to other persons who appeared and addressed the board, commission, or official at the prior hearing on the matter, and such other notice as required by law for the decision being reviewed shall also be given. 1-4-307: HEARINGS BY THE APPELLATE BODY:

Attachment 3
CHAPTER 4

APPEAL AND REVIEW PROCEDURES
SECTION:

Article 1. Appeal Of Administrative Decisions To Council 1-4-101: Right To Appeal
1-4-102: Time Within Which Appeal Petitions Must Be Filed; Withdrawal Of Appeal Petitions 1-4-103: Contents Of Appeal Petitions
1-4-104: Stays Pending Appeals
1-4-105: Consideration Of Appeal Petitions
1-4-106: Hearings By The Council
1-4-107: Decisions By The Council Final
1-4-108: Findings By The Council
Article 2. Council Ordered Review Of Administrative Decisions 1-4-201: Right To Review
1-4-202: Setting Hearings
1-4-203: Hearings By The Council
1-4-204: Decisions And Findings
ARTICLE 1. APPEAL OF ADMINISTRATIVE DECISIONS TO COUNCIL 1-4-101: RIGHT TO APPEAL:

A. Where a right of appeal to council exists under this code, and a procedure is not otherwise specifically set forth in this code, an appeal may be taken to the council, in accordance with the procedures set forth in this article, from any act, ruling, or determination of any commission, board, or official or from the denial, suspension, or revocation of any permit or license.

B. No right of appeal to the council from any administrative decision made by an official of the city pursuant to any of the provisions of this code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code.

C. No appeal pursuant to the provisions of this article may be taken from any administrative decision made by an official of the city, unless the decision to appeal has been first taken up with the official rendering the decision. (1962 Code § 1-

6.101)
1-4-102: TIME WITHIN WHICH APPEAL PETITIONS MUST BE FILED; WITHDRAWAL OF APPEAL PETITIONS:

A. Any appeal petition shall be filed with the city clerk within fourteen (14) calendar days after the date of the decision. 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 and maintained on file by the director of finance administration.

B. If an appeal petition, filed pursuant to subsection A of this section, is withdrawn at any time prior to the council decision on the appeal petition, then subsequent to such withdrawal, the council may review the decision which was the subject of the withdrawn petition. Such review may be ordered by motion of the council duly adopted within fifteen (15) calendar days after the appeal petition is withdrawn. If the council orders a review of such a decision, the effectiveness of such decision shall be stayed until council review is final. (1962 Code § 1-6.102; amd. Ord. 94-O-2211, eff. 9-2-1994) 1-4-103: CONTENTS OF APPEAL PETITIONS:

Every appeal petition shall contain a statement of the facts upon which the appeal is based in sufficient detail to enable the council to understand the nature of the controversy, the basis of the appeal, and the relief requested. (1962 Code § 1-6.103) 1-4-104: STAYS PENDING APPEALS:

Upon the filing of an appeal petition, the effectiveness of any permit, entitlement to use, or other right granted by the decision appealed from shall be stayed pending a final decision by the Council. (1962 Code § 1-6.104) 1-4-105: CONSIDERATION OF APPEAL PETITIONS:

After an appeal petition is filed in accordance with this article, the City Clerk shall place the matter on the Council agenda for Council action. Based on the appeal petition and the written material presented, the Council shall determine whether to refer the matter back to the commission, board, or official rendering the decision pursuant to subsection A of this section or whether to grant a hearing on the appeal pursuant to subsection B of this section. The Council shall not permit oral testimony in its determination under this section.

A. If the Council finds the facts in the appeal petition contain new and material evidence not previously presented to the board, commission, or official, the Council may order that the board, commission, or official rehear the matter. Written notice of the rehearing shall be mailed to the appellant and to such other persons who have appeared and addressed the board, commission, or official at the prior hearing in connection with such matter, and mailing shall be at least twenty (20) days before such rehearing, and such other notice as required by law for the previous hearing shall also be given.

B. Except as provided for in subsection A of this section, the Council shall set the matter for a hearing. At least twenty (20) days prior to the hearing, written notice shall be mailed to the appellant and to other persons who appeared and addressed the board, commission, or official at the prior hearing on the matter, and such other notice as required by law for the previous hearing shall also be given. (Ord. 18-O-2752, eff. 5-11-2018) 1-4-106: HEARINGS BY THE COUNCIL:

Unless otherwise ordered and noticed, hearings shall be held as a part of the regular meetings of the Council. The hearing shall be de novo in that an independent reexamination of the matter shall be made. The appellant shall have the burden of proof in all cases, and where it appears that an appellant was served with a notice of hearing but fails to appear either in person or by counsel, or fails to present or offer evidence, the Council may adopt the determination or approve the act of the board, commission, or official, or it may itself decide the matter upon the record with or without taking any additional evidence. Any oral or documentary evidence may be received, but the Mayor shall exclude irrelevant, immaterial, or unduly repetitious evidence. Unless a demand is made, witnesses will not be sworn. It shall not be a ground for objection that the evidence is hearsay or secondary, however, the Council's decision shall be made upon substantial evidence. (1962 Code § 1-6.106)
1-4-107: DECISIONS BY THE COUNCIL FINAL:

Upon the hearing of the appeal, the Council may refer the matter back to the board, commission, or official, with directions for further consideration, or the Council may reverse, affirm, or modify the decision or may make such decision or determination as may appear just and reasonable in the light of the evidence presented. The decision of the Council shall be final and conclusive at one minute after twelve o'clock (12:01) A.M. on the first day after issuance. (1962 Code § 1-6.107) 1-4-108: FINDINGS BY THE COUNCIL:

The Council shall prepare written findings if, prior to closing the public hearing, the appellant, the applicant, or an aggrieved party requests the Council to make written findings. In such event, the Council shall direct the City Attorney to draft a resolution containing the facts found to be true, which findings shall be considered and adopted by resolution at a subsequent regular meeting of the Council. The findings shall include the reasons for the Council's ruling, including, but not limited to, findings of facts, if any, required by the Code sections or ordinance upon which the appeal is based. (1962 Code § 1-6.108)
ARTICLE 2. COUNCIL ORDERED REVIEW OF ADMINISTRATIVE DECISIONS 1-4-201: RIGHT TO REVIEW:

The Council may order a review of any decision made by any commission, board, or official of the City, except as otherwise provided in this Code. Such review may be ordered by motion of the Council duly adopted within thirty (30) calendar days after the issuance of the decision. If the Council orders a review of a decision, the effectiveness of such decision shall be stayed until Council review is final. (1962 Code § 1-6.201; amd. Ord. 94-O-2211, eff. 9-2-1994) 1-4-202: SETTING HEARINGS:

Upon the adoption of an order for a review of a decision, the Mayor shall fix a time and place for the hearing. At least twenty (20) days prior to the hearing, written notice shall be mailed to the applicant and such other persons who appeared and addressed the board, commission, or official at the previous hearing on the matter, and such other notice as required by law for the previous hearing shall also be given. (Ord. 18-O-2752, eff. 5-11-2018) 1-4-203: HEARINGS BY THE COUNCIL:

Unless otherwise ordered and noticed, hearings shall be held as a part of the regular meetings of the Council. The hearings shall be de novo in that an independent reexamination of the matter shall be made. The Council may decide the matter upon the record or may take additional evidence. Any oral or documentary evidence may be received, but the Mayor shall exclude irrelevant, immaterial, or unduly repetitious evidence. It shall not be a ground for objection that the evidence is hearsay or secondary, but the Council's decision shall be made upon substantial evidence. (1962 Code § 1-6.203) 1-4-204: DECISIONS AND FINDINGS:

The provisions of sections 1-4-107 and 1-4-108 of this chapter shall be applicable to the decisions of the Council. (1962 Code § 1-6.204)

Beverly Hills City CouncilSeptember 10, 2024

Beverly Hills City Council
September 10, 2024