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AGENDA REPORT
Meeting Date: September 17, 2024
Item No.:
To: Honorable Mayor and City Council
From: Laurence S. Wiener, 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. Ordinance
RECOMMENDATIONIt is recommended that the City Council move to waive the full reading and adopt 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.”
INTRODUCTION
At its meeting of September 10, 2024, the City Council conducted a first reading and introduced the ordinance. At that meeting, the City Council made changes to the ordinance. These changes have now been incorporated into the ordinance being presented to the City Council for adoption.
DISCUSSION
This ordinance amends the Beverly Hills Municipal Code by adding a procedure for streamlining appeals of decisions and Council ordered review processes for housingdevelopment projects as defined in Government Code Section 65905.5(b)(3). At theSeptember 10, 2024 City Council meeting, the City Council made changes to theordinance. These changes clarified section 1-4-201 to make clear that subsection A of that section does not apply to housing development projects.
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Meeting Date: September 17, 2024
ENVIRONMENTAL ASSESSMENT
The project has been assessed in accordance with the authority and criteria contained inthe 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, staffrecommends 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 arecurrently covered by the City within the operating budget, which would not change as aresult of the amendments.
Laurence S. Wiener
City Attorney
Approved By
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Attachment
1 ORDINANCE NO. 24-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLSAMENDING TITLE 1, CHAPTER 4, OF THE BEVERLY HILLS
MUNICIPAL CODE ESTABLISHING APPEAL AND CITYCOUNCIL 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 otheramendments 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 Councilconsidered 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 ofTitle 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 ofthis section, the Council shall set the matterfor a hearing. At least twenty (20) days prior to the hearing, written notice shall be mailed B0785-0009\3005853v5 .doc
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 I 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 anycommission, board, or official of the City, except as otherwise provided in paragraph B or elsewhere in this Code. Such review may be ordered by motion ofthe Council duly adopted within thirty (30) calendar days after the issuance ofthe 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 -2-
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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.B. 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 untilCouncil 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 1-4-20 1 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 atthe previous hearing on the matter, and such other notice as required by law for the decisionbeing reviewed shall also be given. -3-
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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 bereceived, but the Mayor shall exclude iirelevant, immaterial, or unduly repetitiousevidence. 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 thedecisions of the Council.” Section 5. The City Council hereby adds a new Article 3, of Chapter 4 of Title ito 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 -4-
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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.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.
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. Thefee 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 appealperiods have expired. -5-
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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 CityCouncil 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 isfinal. 1-4-304: CONTENTS OF APPEAL PETITIONS:
Every appeal petition for a Housing Development Project shall contain a statement of thefacts upon which the appeal is based in sufficient detail to enable the appellate body tounderstand 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 effectivenessof 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 theappropriate 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 -6-
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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 reviewedshall also be given. 1-4-307: HEARINGS BY THE APPELLATE BODY:
Hearings on appeals of any act, ruling, or determination of any commission, board, orofficial 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: FfNDINGS BY THE APPELLATE BODY:
The appellate body shall adopt written findings that include the reasons for the appellatebody’s decision, including but not limited to, findings offact 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 toCEQA 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 -7-
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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, togetherwith 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 12:0 1 a.m. on the thirty-first (3 1st) 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 NANCY HUNT-COFFEY
City Attorney City Manager
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