BEVERLY
HILLS
10 AGENDA REPORT
Meeting Date: November 7, 2024
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS TO AMEND THE
BEVERLY HILLS MUNICIPAL CODE TO REVISE OCCUPANCYPRIORITY STANDARDS FOR ELIGIBLE AFFORDABLE HOUSING
UNITS, ADD A DEFINITION OF DISPLACEMENT, AND FINDING THE
ORDINANCE TO BE EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
Attachments: 1. Ordinance
RECOMMENDATION
It 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 TO AMENDTHE BEVERLY HILLS MUNICIPAL CODE TO REVISE OCCUPANCY PRIORITY
STANDARDS FOR ELIGIBLE AFFORDABLE HOUSING UNITS, ADD A DEFINITION OF DISPLACEMENT, AND FINDING THE ORDINANCE TO BE EXEMPT UNDER THECALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
BACKGROUND
At its meeting of October 10, 2024, the City Council conducted a first reading and introduced this ordinance.
DISCUSSION
This ordinance amends the Beverly Hills Municipal Code to modify certain regulations regarding priorities utilized to establish the order in which income restricted housing units will be offered to qualifying households. These revised occupancy priority standards provide more clarity and direction, and also further clarify standards for betterinterpretation and application during the affordable housing placement process.
Additionally, the ordinance adds a separate definition of displacement from existing housing.
Meeting Date: November 7, 2024
ENVIRONMENTAL ASSESSMENT
The ordinance was assessed for compliance with California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City environmental regulations, and has been determined to be exempt from CEQA per Section 15061(b)(3) of the State CEQA Guidelines, which applies the ‘general rule’ that CEQA does not extend to projects with no significant environmental effect. As a result, it is recommended that the City Council find that the ordinance is exempt from further review under CEQA.
FISCAL IMPACT
There are no fiscal impacts associated with the adoption or implementation of the ordinance revising the occupancy priority standards for eligible affordable housing units.
Laurence S. Wiener
City Attorney
Approved By
Attachment
1 ORDINANCE NO. 24-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLS TOAMEND THE BEVERLY HILLS MUNICIPAL CODE TOREVISE OCCUPANCY PRIORITY STANDARDS FORELIGIBLE AFFORDABLE HOUSING UNITS, ADD ADEFINITION OF DISPLACEMENT, AND FINDING THEORDINANCE TO BE EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City ofBeverly Hills (“City”) desires to amend regulations in the Beverly Hills Municipal Code (“BHMC”) regarding priorities utilized to establish the order in whichincome restricted housing units will be offered to qualifying households, and include a definition of displacement from existing housing;
WHEREAS, on September 12, 2024, the Planning Commission held a duly noticed public hearing and which it adopted Resolution No. 2068 recommending that the City Council amendArticle 15.2 (Residential Density Bonus) and Article 48 (Inclusionary Housing Requirements forResidential Development) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMCaddressing priority standards to be utilized to establish the order in which income restricted housing units will be offered to qualifying households, taking into account state law requirements,reducing the number of occupancy priority tiers, include a tier prioritizing individuals who work in the city; and to add a definition of displacement and provide a consistent time limit for Tier 2 which households are considered displaced (collectively, the “Amendments”); and WHEREAS, the City Council considered the Ordinance on October 10, 2024, at a duly noticed public hearing, as prescribed by law, at which time City staff presented the matter, and interested persons had an opportunity to and did testify either in support or against the ordinance. —1—
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Following the public hearing, the City Council considered the entire record ofinformation received at the public hearing before the City Council.
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. The City Council finds that the adoption ofthis Ordinance is consistent with the General Plan because it fulfills the following General Plan and Housing Element Goals andPolicies:
• H2 Housing Supply and Diversity. Provide a variety of housing types and adequate affordable housing supply
• H 2.2 Inclusionary Housing. Continue to implement an inclusionary housing program to integrate affordable units within market rate developments, and increase the availability of affordable housing throughout the community. (Imp. 10.2) • H 2.9 Jobs-Housing Balance. Promote programs seeking to provide housing opportunities for people who work in the City as a means ofreducing long commutes, easing local traffic, improving air quality and helping to achieve a balanced regional jobs-housing distributionfor the western portion of Los Angeles County. (Imp. 10.6) • H 2.10 Workforce Housing. Study and develop programs to increase the amount of rental and ownership housing affordable to the local workforce. (Imp. 10.3, 10.4) • II 3 Fair Housing and Special Needs Residents. Promote equal housing opportunities for all residents; including Beverly Hills’ special needs populations, so residents have a choice of appropriate housing.
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• H 3.1 Affirmatively Further Fair Housing Practices. Promote fair housing and non discrimination in the sale and rental of housing by coordinating with organizations that provide information, counseling and mediation on fair housing laws and landlord-tenant disputes. (Imp. 11.1)
Section 2. Section 10-3-1528 (Occupancy Priority) of Article 15.2 (Residential Density Bonus) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is herebyamended in its entirety to read as follows:
“10-3-1528: OCCUPANCY PRIORITY:
A. Income restricted affordable housing units shall be offered to households meeting the income qualification and other occupancy requirements, in the order established by the following priority tiers:
1. Tier 1 -Existing occupants of protected units, as defined in Government Code Section 66300.5(h) as it may be amended from time to time, who are lowerincome households on a project site and who are displaced by a new development on the same site and are exercising a right of first refusal for a comparable unit in the new housing development, or in any required replacement units associated with a new development that is not a housingdevelopment, pursuant to Government Code Section 66300.6(b)(4)(B), asamended from time to time.
2. Tier 2 -Households displaced from a property within the City of Beverly Hills in the past ten years in the following order:
i. Senior households (62 years and older)
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ii. Households with student(s) in 10th grade or lower enrolled in the Beverly Hills Unified School District
iii. Other displaced households
3. Tier 3 - Senior Households (62 years and older).
4. Tier 4 - Individuals employed full-time by a public or private entity located and operating in the City of Beverly Hills, and whose primary work location islocated within the City of Beverly Hills. For purposes of this section, full-time employment is defined as a minimum average of 130 hours of service per calendar month over a six month period.
5. For purposes ofthis section, displacement or displaced shall be defined as when persons have permanently vacated their primary housing unit in the City, or areat risk of having to permanently vacate their primary housing unit within the City of Beverly Hills as a result of any ofthe following:
a. Demolition ofthe housing unit due to a new development project on the subject property;
b. Voluntary vacation of the housing unit related to a new development project on the subject property (for example, accepting cash for keys offer);
c. Withdrawal of the housing unit from the rental housing market under the Ellis Act;
d. Involuntary vacation of a housing unit due to a natural disaster such as an earthquake, fire, or flood;
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e. Involuntary vacation of a housing unit as a result of a dangerous condition of the property making the unit unsafe to occupy on a permanent basis as deemed by the City, including but not limited to,when occupancy is no longer permitted pursuant to California Healthand Safety Code regulations relating to a unit or building deemedsubstandard or uninhabitable.
6. Exceptions:
1. In the event that a density bonus is granted for specific tenants pursuant to State Density Bonus Law (California Government Code § 65915 (b)(1)(E)) then the tiered list provided in this section shall not be used to fill theaffordable housing units.
2. In the implementation of these priorities, the City shall in no way discriminate against any person or family due to disability or otherimpermissible basis.” Section 3. Section 10-3-4802 (Applicability) of Article 48 (Inclusionary Housing Requirements for Residential Development) of Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the BHMC is hereby amended to read as follows:
“10-3-4802: APPLICABILITY:
A. This article shall apply to all residential developments, as defined herein, where the lots or units will be offered for sale or for rent, and when the development application or applications for the residential development is deemed complete after the effective date of Ordinance 21-0-2850.
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B. Notwithstanding subsection A, inclusionary units shall not be required for any project for which the city enters into a development agreement or for any project that is otherwise exempt under state law.
C. All inclusionary units shall be subject to the occupancy standards set forth in BHMC §10-3-1528.
Section 4. CEQA Determination. The Amendments have been environmentally reviewed pursuant to the provisions ofthe California Environmental Quality Act (Public ResourcesCode Sections 21000, et seq.(”CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines (hereafter the “Guidelines”). The City Council finds that the introduction and adoption of the Amendmentsare exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines, whichapplies the ‘general rule’ that CEQA does not extend to projects with no significant environmentaleffect. As such, there is no possibility that the Amendments would result in a significant effect on the environment because the modifications do not enable any physical changes to the environment, directly or indirectly.
Section 5. 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 6. 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 ofthe Government Code, shall certify -6-
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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 7. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (3 1st) day after its passage.
Adopted:
Effective:
LESTER 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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