Beverly Hills City Council
June 3, 2025

AGENDA REPORT
Meeting Date: June 3, 2025
Item Number:

To: Honorable Mayor & City Council
From: Masa Alkire, AICP, Assistant Director of Community Development/City Planner
Cindy Gordon, AICP, Project Manager – Current Planning
Subject: AN UNCODIFIED ORDINANCE OF THE CITY OF BEVERLY HILLS

ESTABLISHING AN ALTERNATIVE MINISTERIAL APPROVAL

HOUSING DEVELOPMENT OVERLAY ZONE FOR PROJECTS
SUBJECT TO GOVERNMENT CODE SECTION 65589.5, AND

ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE
DECLARATION PREPARED FOR THE 2021-2029 CITY OF BEVERLY

HILLS HOUSING ELEMENT
Attachments: 1. Planning Commission Resolution No. 2086 (without exhibits)

2. Draft Ordinance, inclusive of exhibits

3. Required Zone Text Amendment Findings

4. City Council Staff Report (January 28, 2025)

5. Planning Commission Staff Report (March 27, 2025)

6. Planning Commission Staff Report (May 5, 2025)

7. Public Correspondence – received as part of City Council public hearing

8. Public Correspondence – received as part of Planning Commission Study Session (March 27, 2025) and Public Hearing (May 5, 2025)

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

ESTABLISHING AN ALTERNATIVE MINISTERIAL APPROVAL HOUSING

DEVELOPMENT OVERLAY ZONE FOR PROJECTS SUBJECT TO
GOVERNMENT CODE SECTION 65589.5”, and

WITHOUT ATTACHMENTS WITHOUT ATTACHMENTS WITHOUT ATTACHMENTS Meeting Date: June 3, 2025

 Adopt an addendum to the Mitigated Negative Declaration prepared for the 2021- 2029 City of Beverly Hills Housing Element.

This ordinance is being considered as part of a City-initiated effort to establish a housing development overlay zone with an alternative ministerial approval process that could be applied to properties meeting certain eligibility requirements (hereinafter, referred to as a “ministerial permit process”). The ministerial permit process would be limited to projects that submitted applications pursuant to Government Code Section 65589.5(d), generally referred to as “Builder’s Remedy” projects.

INTRODUCTION
On January 28, 2025, the City Council held a study session (Attachment 4) to consider whether a ministerial permit process should be established for Builder’s Remedy projects that comply with a specific set of objective design standards, performance standards, and affordability standards. The consensus of the Council was that such process should be considered in order to provide an incentive for developers to reduce the scale of the Builder’s Remedy projects to comply with the specified objective standards in exchange for a more streamlined approval process. The Council also agreed that the objective standards that would be required in order to participate in such a process should be generally informed by the scale of projects recently submitted and approved under State Density Bonus Law and the conditions typically imposed by the Planning Commission on those projects. At the conclusion of the study session, the Council directed staff to discuss the potential establishment of a ministerial permit process for Builder’s Remedy projects with the Planning Commission and develop an ordinance that would be considered by the Council at a future meeting.

On March 27, 2025, the Planning Commission held a study session (Attachment 5) to consider the draft framework that was prepared by City staff and the City Attorney’s Office.

The Commission was supportive of the draft framework as it was proposed and recommended additional regulations intended to minimize potential impacts on adjacent residential properties. These recommendations included:
 Specifying that all projects must comply with existing City standards related to light regulation;
 Prohibiting the use of barbeques within common or private outdoor living areas;  Prohibiting amplified sound in all outdoor living areas, including private balconies and rooftop areas; and
 Ensuring that affordable units are provided with the same finishes as market rate units, and that appliances in the affordable units are the same make, model, and brand as those provided for market rate units.

Subsequently, on May 5, 2025, the Planning Commission held a public hearing to consider formal recommendation of the draft ordinance to the City Council. The draft ordinance was largely informed by the framework reviewed at the study session, with the additional suggestions regarding outdoor lighting, prohibition of barbeques, and use of amplified sound incorporated. At that meeting, members of the public provided public comment on the ordinance, and such comments related the following:
 Hotel uses should be prohibited, and development standards should include reduced density commensurate with reduced building height. Modulation should Meeting Date: June 3, 2025

be required with flexibility provided for setbacks, height, and wall/fence/hedge standards.
 All requirements should be clearly stated within the ordinance itself, without referencing other standards such as the Beverly Hills Municipal Code or State law.  Parking should follow the Beverly Hills Municipal Code, with flexibility to allow access from arterial streets (as opposed to side streets or alleys) when it would allow for a net reduction of curb cuts.
 Larger balconies should be allowed for usability and rooftop screening should be required to minimize noise and visual impacts to nearby residential neighborhoods.  Projects should be required to utilize contractors that will hire locally, utilize apprentices from accredited state apprenticeships programs, and workforce requirements to reduce environmental impacts.
 Allowing projects to utilize a streamlined process can help increase housing in the area, and may result in reduced housing costs.
 The City should maintain its current requirement for public hearings for these types of projects, and such projects should be subject to architectural and design review.

The Commission considered the topics raised by members of the public during their deliberation, acknowledged the concerns expressed, and noted the limitations on the City’s ability to exercise discretion on housing projects as a result of State law. They expressed their support for the proposed ordinance, highlighting that it incorporated prior suggestions relating to light regulation, the use of balconies and amplified sound, and equal treatment between affordable and market rate units. The Commission also noted that the draft ordinance would offer mutual benefits to both the City and developers by streamlining approvals and providing housing units that would count toward the City’s Regional Housing Needs Assessment (RHNA).

After concluding deliberations the Commission moved forward with two modifications to the proposed overlay zone language, as follows:
 Increase the minimum railing height for balconies from 42” to 48” (no changes were made to the opaque/translucent material requirements).
 Require projects located in the R-4 Zone to comply with modulation requirements for that zone (projects in the C-3 Zone or Mixed Use Overlay Zone would not be subject to modulation standards, consistent with current requirements).

These modifications have been incorporated into the proposed ordinance for the Council’s consideration, along with some minor text revisions for clarity, and are included in the ordinance summary in the Discussion section of this staff report. The Commission adopted Resolution No. 2086 (Attachment 1) recommending approval of the ordinance, as amended, and adoption of an addendum to the Mitigated Negative Declaration prepared for the 2021-2029 City of Beverly Hills Housing Element.

DISCUSSION
The ministerial permit process would be made available to Builder’s Remedy projects that meet the following criteria:
1) Properties that are listed as the site for a proposed Builder’s Remedy project that:
i. Submitted a PA pursuant to Government Code Section 65941.1 for a housing development project prior to May 1, 2024 (the date the City’s 2021- Meeting Date: June 3, 2025

2029 Housing Element was certified by the California Department of Housing and Community Development);
ii. Submitted a formal application consistent with the requirements of Government Code Section 65941.1 within 180 days of the preliminary application; and
iii. The preliminary application has not lapsed at the time of submittal of an application pursuant to the overlay zone or the date of any settlement agreement between the City and the project applicant.
2) The property does not contain a historic resource or resource eligible for historic resource designation.

The ministerial process would be optional and project applicants could choose to modify their projects as needed to be eligible for the ministerial process or continue with their existing Builder’s Remedy projects1 through the City’s existing discretionary review process. If an applicant chooses to continue with the discretionary review process, the project would require review by both the Planning Commission and Architectural and Design Review Commission.

Table 1 provides a summary of the proposed standards set forth in the ordinance. The full text of the overlay zone language is provided as Exhibit A of Attachment 2.

TABLE 1. DRAFT ORDINANCE SUMMARY
Objective Development Standards
Use  Permitted uses are only those included in the PA, and those permitted in the underlying zone.

Density
 Maximum density is based on the number of units proposed in the PA.

Note: Projects utilizing density bonus provisions would not be eligible for the ministerial permit process. Additionally, the maximum density permitted by the proposed ordinance is applicable only to qualifying projects under the proposed ordinance, and may not be used for any other projects.

Setbacks
 R-4 Zone: front/rear setbacks must be no less than setbacks shown in the PA; side setbacks must be no less than the setback shown on the PA, or 3’-0”, whichever is greater.
 MUOZ and C-3 Zones: front/rear/side setbacks must be no less than setbacks shown on the PA.

Height Limit
 Project may not exceed 75’ to floor level of top story or 85’ to top of building.

Certain rooftop features are exempt from the height limit, such as elevator/stair shafts, mechanical enclosures, parapets/handrails, unoccupied architectural features, and rooftop bathrooms. All such features have prescribed standards to which they must comply in order to be exempt from the height limit.

Minimum Unit Size  Dwelling units must meet or exceed the minimum required size as provided in the California Building Code
Common outdoor areas
 All common outdoor areas that can be accessed by residents/guests must be set back a minimum of 5’-0” from any building edge located adjacent to a residentially zoned property.
 No barbeque or kitchen facilities may be installed or utilized 1 Including any modifications proposed to the existing Builder’s Remedy projects pursuant to Assembly Bill (AB) 1893.

Meeting Date: June 3, 2025

Balconies
 No balcony located adjacent to a residential zone may exceed a depth of 3’-0”.
 All enclosures for balconies located adjacent to a residential zone must be fully opaque to a height of 48”; any enclosure at a height of greater than 48” must be translucent.
 No barbeque or kitchen facilities may be installed or utilized Modulation
 R-4 Zone: must comply with modulation standards of underlying zone.
 MUOZ or C-3 Zones: no modulation required.

Open Space  No open space is required.

Front yard paving  Must comply with requirements of the underlying zone.

Walls/fences/hedges  Must comply with requirements of the underlying zone.

Exterior lighting  Must comply with BHMC §10-4-314 (Lighting of Premises) Parking and Access
 Projects must provide the amount of parking identified in the PA.  All parking must comply with the applicable screening requirements of the underlying zone.
 Parking access must be from an alley or side street, where available.  Projects must install a parabolic mirror, light system, and vehicle stop sign at all parking egress points; no sound may be utilized for the light system and such features may not be placed in or project into the City’s public right-of-way.

Performance Standards
Common Outdoor Open
Space Hours of Operation
 Limited to hours of 7:00 AM to 10:00 PM on weekdays and 9:00 AM to 10:00 PM on weekends and holidays.
 Signage indicating restrictions must be installed in all common outdoor open space areas.

Amplified Sound  The use of amplified sound of any kind in any outdoor area, including private balconies, is prohibited.

Rooftop Users
 Rooftop outdoor areas may only be accessed to project residents and their guests.
 No commercial occupant or hotel guest may utilize rooftop facilities (mixed-use projects only)
Affordability Standards
Number of Affordable Units
 Projects must include units restricted to lower income households at no less than the minimum percentage of units required by Government Code Section 65589.5, summarized as follows:
 Extremely low income: 7%, or
 Very low income: 10%, or
 Lower income: 13%
Access
 Occupants of affordable units must have same access to common entrances, common areas, and amenities as occupies of market rate housing units.
 Affordable units must not be isolated to a specific floor or areas of a specific floor.
 Affordable units must have the same number and type of appliances as market rate units.

Transferability
 Eligible applicants may transfer some or all of the required affordable housing units from one site (transferor) in the overlay zone to another site (transferee) in the overlay zone, provided that for each affordable unit that is transferred, two affordable units at the same or lower affordability level are provided. Units may be transferred whether or not the projects utilize the ministerial permit process.

Meeting Date: June 3, 2025

 Such transfer must be memorialized in writing acceptable to the City and recorded against the transferor and transferee sites.  Such units must be constructed and issued a certificate of occupancy prior to the issuance of any certificate for any portion of the development on the transferor site.

Ministerial Processing
 Applications that comply with the applicable requirements will qualify for the ministerial permit process.
 Qualifying projects will not be subject to discretionary review, including but not limited to architectural review.
 Project approval will only become effective when the applicant irrevocably withdraws its Builder’s Remedy project proposal, including the PA and all related applications.

During the Planning Commission public hearing on May 5, 2025, a specific question was raised by a representative for two Builder’s Remedy Projects regarding the objective standards related to permitted uses due to the concern that their projects did not comply with the permitted uses in the underlying zone (i.e., the projects are mixed use projects but are not located in the MUOZ). Staff clarified that the language, as written, would allow a project applicant to maintain the uses proposed as part of their Preliminary Application, and would also be able to establish additional uses consistent with the underlying zone.

Both the project representative and the Planning Commission were satisfied with this explanation, and no related changes to the proposed ordinance were requested.

GENERAL PLAN POLICIES2
The General Plan includes numerous goals and policies intended to help guide development in the City. An analysis of the project’s consistency with the General Plan is included as Exhibit D of Attachment 2.

PUBLIC OUTREACH AND NOTIFICATION
The notice for this project, summarized in Table 2, was provided pursuant to the requirements set forth in BHMC 10-3-2.5, et seq. As a courtesy outreach effort, nonrequired mailed notices were sent to all property owners and residential occupants located within 500’ (extended to the block face) of the 14 Builder’s Remedy projects that the City is currently processing; this effort resulted in 6,597 mailed notices. Courtesy emails were also sent to all individuals listed on each Builder’s Remedy interested parties list.

TABLE 2. PUBLIC NOTIFICATION TABLE
Notice Type Notice Date
Notice of Pending Application
 Mailed Notice (500’ radius + block face; via first class mail) Not required  Mailed Notice (100’ radius; via tracked courier) Not required  On-site Posted Notice Not required
Notice of Public Hearing
 Mailed Notice (500’ radius + block face; via first class mail) 5/14/25  On-site Posted Notice Not required
 Newspaper Notice
Beverly Hills Courier
5/9/25
5/15/25
2 Available online at https://www.beverlyhills.org/1065/General-Plan Meeting Date: June 3, 2025

Beverly Hills Weekly
Beverly Press
5/15/25
Public Comment
Public correspondence received as part of this noticed City Council public hearing is provided as Attachment 7. Public correspondence received as part of the Planning Commission’s study session (March 27, 2025) and public hearing (May 5, 2025), is included as Attachment 8. Public correspondence previously received as part of the City Council Study Session is available as part of the March 27, 2025 Planning Commission agenda packet, which is available online at www.beverlyhills.org/pcarchive.

ENVIRONMENTAL REVIEW
The proposed ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The Planning Commission recommends that the City Council find and determine that the ordinance is within the scope of and consistent with the Mitigated Negative Declaration (MND) for the Amendments to the Adopted 2021- 2029 City of Beverly Hills Housing Element (State Clearinghouse No. 2021090102), which was adopted by the City Council on March 18, 2024 and certified by the State Department of Housing and Community Development on May 1, 2024. This MND is provided in Exhibit B of Attachment 2.

Pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency may prepare an addendum to a previously adopted MND if some changes or additions to the MND are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent MND have occurred. Pursuant to CEQA Guidelines Section 15162, no subsequent MND is required unless, on the basis of substantial evidence in the light of the whole record, one or more of the following is determined:
(1) Substantial changes are proposed in the project that will require major revisions of the previous MND due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance identifies one or more significant effects not discussed in the previous MND, significant effects previously examined will be substantially more severe than shown in the previous MND, mitigation measures or alternatives previously found not to be feasible or not analyzed in the MND would be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt the measure or alternative.

The above criteria have been assessed in accordance with the State CEQA Guidelines, and the proposed ordinance, in the independent judgment of the City, has been determined to be eligible for an addendum to the previously adopted MND because it does not result in any new or substantially increased environmental impacts. Therefore, an addendum to the MND has been prepared and is included as Exhibit C of Attachment 2.

Meeting Date: June 3, 2025

The Planning Commission considered the MND and addendum, found that the project will not have any significant impacts on the environment, as mitigated, and recommended that the City Council adopt the addendum.

FISCAL IMPACT
The ordinance would create a ministerial approval process for certain Builder’s Remedy projects. Any future plan check reviews for projects that submit for building permits through this process would be subject to the City’s existing permitting fees, which cover the staff time necessary to conduct the plan check process. Therefore, no fiscal impact is anticipated as a result of the ordinance.

Michael Forbes, AICP
Director of Community Development
Approved By

ATTACHMENT 1

Planning Commission Resolution
No. 2086 (without exhibits)
-1-
RESOLUTION NO. 2086

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF BEVERLY HILLS RECOMMENDING THAT THE

CITY COUNCIL ADOPT THE MINISTERIAL APPROVAL

HOUSING DEVELOPMENT OVERLAY ZONE AS AN

ALTERNATIVE PROCESS FOR CERTAIN AFFORDABLE

HOUSING PROJECTS SUBJECT TO GOVERNMENT CODE
SECTION 65589.5
The Planning Commission of the City of Beverly Hills hereby finds, resolves, and determines as follows:

Section 1. The City of Beverly Hills (“City”) is processing a number of applications for housing development projects subject to Government Code Section 65589.5, known as “Builder’s Remedy” projects, which projects submitted preliminary applications pursuant to Government Code Section 65941.1 prior to the City’s adoption and the California Department of Housing and Community Development’s certification of the Housing Element on March 18, 2024 and May 1, 2024 respectively. The pending Builder’s Remedy projects are under review as discretionary land use entitlements in accordance with Chapter 3 of Title 10 of the City Municipal Code.

Section 2. A ministerial permit process (herein described as the “Ministerial Approval Housing Development Overlay Zone”) has been proposed as an alternative to the current discretionary review process for Builder’s Remedy projects proposing new mixed use and multifamily residential projects, and meeting certain criteria, in order to standardize project approval criteria and streamline the process to develop affordable housing.

Section 3. The Planning Commission conducted a Study Session on March 27, 2025 to discuss exploring the establishment of a housing development overlay zone that would allow for Docusign Envelope ID: 772FEC54-79DF-45DE-877F-91F2E30949B3 -2-
a ministerial permit process for projects that are subject to Government Code Section 65589.5, generally referred to as “Builder’s Remedy” projects.

Section 4. The Planning Commission conducted a duly noticed public hearing on May 5, 2025 to consider the ordinance adopting the ministerial approval process, at which time it received oral and documentary evidence relative to the proposed ordinance. Thereafter, the Planning Commission concluded deliberations on the proposed ordinance.

Section 5. The Planning Commission finds, and recommends that the City Council find, that the Ministerial Approval Housing Development Overlay Zone, including objective development and performance standards, as described in the attached ordinance as Exhibit A of Exhibit 1, is consistent with the General Plan and City Municipal Code, including but not limited to the policies and standards listed herein and detailed further in Exhibit D of Exhibit 1 of the Ordinance. The Housing Element of the General Plan sets forth Policy H2.1 – Affordable Housing Incentives, which seeks to offer incentives to offset or reduce the costs of developing affordable housing, including the reduction of entitlement and permitting fees for projects that include a certain percentage of affordable housing units. Similarly, Policy H4 – Reducing Constraints seeks to mitigate potential governmental constraints on the maintenance improvement, and development of housing, while maintaining community character. The Housing Element also sets forth a number of implementation programs that seek to create incentives to promote the mixed use program (Imp 11.1); remove constraints related to the redevelopment of commercial shopping centers into mixed use developments (Imp 12.1); streamline the approval process for architectural review of multi-family housing and mixed use projects with affordable housing (Imp 12.1); simplify modulation requirements and reduce minimum unit sizes for multi-family housing projects (Imp 12.1); adopt objective design standards for multi-family housing projects (Imp 12.1); Docusign Envelope ID: 772FEC54-79DF-45DE-877F-91F2E30949B3 -3-
and update the zoning code to reduce inefficiencies and uncertainty in the development review process (Imp 12.3). The Amendments are consistent with these policies and implementation programs because they create a ministerial review process which will reduce development constraints and provides development standards that allow for development that is more consistent with surrounding development scale than contemplated in the Builder’s Remedy projects to preserve community character. The Amendments are also consistent with Land Use Element Policy 2.1 - City Places: Neighborhoods, Districts, and Corridors, and Policy 5.1 - Neighborhood Conservation in that they seek to maintain and enhance the character, distribution, built form, scale, and aesthetic qualities of the City's distinctive residential neighborhoods, business districts, corridors, and open spaces, and maintains the uses, densities, character, amenities, and quality of the City’s residential neighborhoods. Further, the proposed development standards are consistent with the general principle under the Plan that new housing and other buildings must fit within and complement the character and quality of existing residential neighborhoods.

Section 6. The Amendments were assessed in accordance with the authority and criteria contained in the CEQA, the State CEQA Guidelines, and the environmental regulations of the City. The Planning Commission recommends that the City Council find and determine that the ordinance is within the scope of and consistent with the Mitigated Negative Declaration (MND) for the Amendments to the Adopted 2021- 2029 City of Beverly Hills Housing Element (State Clearinghouse No. 2021090102), which was adopted by the City Council on March 18, 2024 and certified by the State Department of Housing and Community Development on May 1, 2024. This MND is included for reference as Exhibit B of Exhibit 1 of this Resolution. Pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency (the City of Beverly Hills in this case) may prepare an addendum to a previously adopted MND if some Docusign Envelope ID: 772FEC54-79DF-45DE-877F-91F2E30949B3 -4-
changes or additions to the MND are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent MND have occurred. Pursuant to CEQA Guidelines Section 15162, no subsequent MND or Environmental Impact Report shall be prepared for the Project unless, on the basis of substantial evidence in the light of the whole record, one or more of the following is determined: (1) Substantial changes are proposed in the project that will require major revisions of the previous MND due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance identifies one or more significant effects not discussed in the previous MND, significant effects previously examined will be substantially more severe than shown in the previous MND, mitigation measures or alternatives previously found not to be feasible or not analyzed in the MND would be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt the measure or alternative. The above criteria have been assessed in accordance with the State CEQA Guidelines, and the Project, in the independent judgment of the City, has been determined to be eligible for an addendum to the previously adopted MND because it does not result in any new or substantially increased environmental impacts. Therefore, an addendum to the MND has been prepared and is incorporated herein by reference and included attached as Exhibit C of Exhibit 1 of this Resolution. The Planning Commission has considered the MND and addendum, finds that the project will not have any significant impacts on the environment, as mitigated, and hereby recommends that the City Council adopt the addendum.

Docusign Envelope ID: 772FEC54-79DF-45DE-877F-91F2E30949B3 -5-
Section 7. The Planning Commission hereby recommends that the City Council adopt an ordinance establishing an alternative Ministerial Approval Housing Development Overlay Zone, as substantially set forth in Exhibit A of Exhibit 1.
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Docusign Envelope ID: 772FEC54-79DF-45DE-877F-91F2E30949B3 -6-
Section 8. The Secretary shall certify to the adoption of this resolution and shall cause this resolution and certification to be entered in the Book of Resolutions of the Planning Commission.

Adopted: May 5, 2025

Theresa M. Kaplan
Chair of the Planning Commission of
the City of Beverly Hills, California
Attest:

Masa Alkire, AICP
Secretary of the Planning Commission
Approved As To Form: Approved As To Content:

David M. Snow Masa Alkire, AICP
Assistant City Attorney Assistant Director/City Planner Community Development Department

Exhibits:

1. Ordinance, inclusive of exhibits:

A. Ministerial Approval Housing Development Overlay Zone B. Housing Element MND
C. Addendum to the Housing Element MND
D. General Plan Policy Analysis
Docusign Envelope ID: 772FEC54-79DF-45DE-877F-91F2E30949B3

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.

CITY OF BEVERLY HILLS )
I, KAREN MYRON, Recording Secretary of the Planning Commission of the City of Beverly Hills, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2086 duly passed, approved and adopted by the Planning Commission of said City at a meeting of said Commission on May 5, 2025, and thereafter duly signed by the Secretary of the Planning Commission, as indicated; and that the Planning Commission of the City consists of five (5) members and said Resolution was passed by the following vote of said Commission, to wit:

AYES: Commissioners Milkowski, Ross, Chair Kaplan
NOES: None
ABSTAIN: None
ABSENT: None
RECUSED: Commissioner Demeter, Vice Chair Wolfe
________________________________

KAREN MYRON
Recording Secretary of the
Planning Commission
City of Beverly Hills, California
Docusign Envelope ID: 772FEC54-79DF-45DE-877F-91F2E30949B3 Certificate Of Completion
Envelope Id: 772FEC54-79DF-45DE-877F-91F2E30949B3 Status: Completed Subject: TIME SENSITIVE - Please Docusign: PC Reso 2086 - Draft Ord - Ministerial Approval Overlay Zone.pdf Source Envelope:

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Karen Myron
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COMM DEV COMMISSION SPECIALIST,

CD-PLANNING
City of Beverly Hills
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ATTACHMENT 2

Draft Ordinance, inclusive of exhibits

-1-
B0785-0009\3117319v1.doc
ORDINANCE NO. 25-O-______

AN UNCODIFIED ORDINANCE OF THE CITY OF BEVERLY

HILLS ESTABLISHING AN ALTERNATIVE MINISTERIAL

APPROVAL HOUSING DEVELOPMENT OVERLAY ZONE

FOR PROJECTS SUBJECT TO GOVERNMENT CODE
SECTION 65589.5, AND ADOPTING AN ADDENDUM TO THE

MITIGATED NEGATIVE DECLARATION PREPARED FOR
THE 2021-2029 CITY OF BEVERLY HILLS HOUSING

ELEMENT

THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES ORDAIN AS FOLLOWS:

Section 1. The City of Beverly Hills (“City”) is processing a number of applications for housing development projects subject to Government Code Section 65589.5, known as “Builder’s Remedy” projects, which projects submitted preliminary applications pursuant to Government Code Section 65941.1 prior to the City’s adoption and the California Department of Housing and Community Development’s certification of the Housing Element on March 18, 2024 and May 1, 2024 respectively. The pending Builder’s Remedy projects are under review as discretionary land use entitlements in accordance with Chapter 3 of Title 10 of the City Municipal Code.

Section 2. A ministerial permit process (herein described as the “Ministerial Approval Housing Development Overlay Zone”) has been proposed as an alternative to the current discretionary review process for Builder’s Remedy projects proposing new mixed use and multifamily residential projects, and meeting certain criteria, in order to standardize project approval criteria and streamline the process to develop affordable housing.

Section 3. On May 5, 2025, the Planning Commission held a duly noticed public hearing to discuss the proposed the ordinance adopting the ministerial approval process, after -2-
B0785-0009\3117319v1.doc
which it adopted Resolution No. 2086 recommending that the City Council adopt the proposed changes to establish the alternative Ministerial Approval Housing Development Overlay Zone, set forth in Exhibit A. On June 3, 2025, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.

Section 4. The Amendments define which Builder’s Remedy projects qualify for the alternative ministerial process, establish the alternative ministerial process, and set forth objective standards governing development of projects that avail themselves of this process. Under this new ministerial approval framework, City officials will approve a proposed project that is compliant with all applicable objective performance and development standards, thereby reducing uncertainty, costs, and delays involved in the discretionary process.

Section 5. The Amendments were assessed in accordance with the authority and criteria contained in the CEQA, the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds and determines that the ordinance is within the scope of and consistent with the Mitigated Negative Declaration (MND) for the Amendments to the Adopted 2021- 2029 City of Beverly Hills Housing Element (State Clearinghouse No. 2021090102), which was adopted by the City Council on March 18, 2024 and certified by the State Department of Housing and Community Development on May 1, 2024 and included for reference as Exhibit B.

Pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency (the City of Beverly Hills in this case) may prepare an addendum to a previously adopted MND if some changes or additions to the MND are necessary but none of the conditions described in Section 15162 calling for the preparation of a subsequent MND have occurred. Pursuant to CEQA Guidelines Section 15162, no subsequent MND or Environmental Impact Report shall be prepared for the Project unless, on the basis of substantial evidence in the light of the whole record, -3-
B0785-0009\3117319v1.doc
one or more of the following is determined: (1) Substantial changes are proposed in the project that will require major revisions of the previous MND due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance identifies one or more significant effects not discussed in the previous MND, significant effects previously examined will be substantially more severe than shown in the previous MND, mitigation measures or alternatives previously found not to be feasible or not analyzed in the MND would be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt the measure or alternative. The above criteria have been assessed in accordance with the State CEQA Guidelines, and the Project, in the independent judgment of the City, has been determined to be eligible for an addendum to the previously adopted MND because it does not result in any new or substantially increased environmental impacts. Therefore, an addendum to the MND has been prepared and is incorporated herein by reference and included as Exhibit C.

The City Council has considered the MND and addendum, finds that the project will not have any significant impacts on the environment, as mitigated, and hereby adopts the addendum.

Section 6. The Amendments are consistent with the objectives, principles, and standards of the General Plan and City Municipal Code, including but not limited to the policies and standards listed herein, and as further specified in Exhibit D. The Housing Element of the General Plan sets forth Policy H2.1 – Affordable Housing Incentives, which seeks to offer incentives to offset or reduce the costs of developing affordable housing, including the reduction -4-
B0785-0009\3117319v1.doc
of entitlement and permitting fees for projects that include a certain percentage of affordable housing units. Similarly, Policy H4 – Reducing Constraints seeks to mitigate potential governmental constraints on the maintenance improvement, and development of housing, while maintaining community character. The Housing Element also sets forth a number of implementation programs that seek to create incentives to promote the mixed use program (Imp

11.1); remove constraints related to the redevelopment of commercial shopping centers into mixed use developments (Imp 12.1); streamline the approval process for architectural review of multifamily housing and mixed use projects with affordable housing (Imp 12.1); simplify modulation requirements and reduce minimum unit sizes for multi-family housing projects (Imp 12.1); adopt objective design standards for multi-family housing projects (Imp 12.1); and update the zoning code to reduce inefficiencies and uncertainty in the development review process (Imp 12.3). The Amendments are consistent with these policies and implementation programs because they create a ministerial review process which will reduce development constraints and provides development standards that allow for development that is more consistent with surrounding development scale than contemplated in the Builder’s Remedy projects to preserve community character. The Amendments are also consistent with Land Use Element Policy 2.1 - City Places: Neighborhoods, Districts, and Corridors, and Policy 5.1 - Neighborhood Conservation in that they seek to maintain and enhance the character, distribution, built form, scale, and aesthetic qualities of the City's distinctive residential neighborhoods, business districts, corridors, and open spaces, and maintains the uses, densities, character, amenities, and quality of the City’s residential neighborhoods.

Further, the proposed development standards are consistent with the general principle under the Plan that new housing and other buildings must fit within and complement the character and quality of existing residential neighborhoods.
-5-
B0785-0009\3117319v1.doc
Section 7. Ministerial Approval Housing Development Overlay Zone. The City Council hereby adopts the Ministerial Approval Housing Development Overlay Zone to read as set forth in Exhibit A.

Section 8. 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 9. 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. \\
\\
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-6-
B0785-0009\3117319v1.doc
Section 10. 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:

SHARONA R. NAZARIAN, PsyD
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

MICHAEL FORBES, AICP
Director of Community Development
Exhibits:

A: Ministerial Approval Housing Development Overlay Zone B: Housing Element MND
C: Addendum to the Housing Element MND
D: General Plan Policy Analysis

EXHIBIT A
Ministerial Approval Housing Development Overlay Zone

Ministerial Approval Housing Development Overlay Zone Ordinance SECTION 1: DEFINITIONS:

Unless the context otherwise requires, the definitions set forth in this Section shall govern the construction of the Ministerial Approval Housing Development Overlay Zone Ordinance “Ordinance”).

ADJACENT TO A RESIDENTIAL ZONE: A site that shares a property line with a residentially zoned property or is separated from a residentially zoned property by a public alley.

MIXED USE DEVELOPMENT: A project that includes commercial and multi-family residential uses within the same structure.

PRELIMINARY APPLICATION. The preliminary application submitted pursuant to Government Code Section 65941.1 for a housing development project prior to May 1, 2024, provided that the developer submitted a formal application consistent with the requirements of Government Code Section 65941.1 within 180 days of the filing of the preliminary application; and the preliminary application has not lapsed at the time of submittal of an application pursuant to this Ordinance.

SECTION 2: PURPOSE:

The purpose of the Ministerial Approval Housing Development Overlay Zone (“Overlay Zone”) is to provide an alternative entitlement processing pathway for housing development projects meeting certain specified objective criteria that allows for ministerial review and approval of such applications. This is an optional process, and project proponents remain free to process development applications under otherwise applicable development standards and the applicable discretionary review process.

SECTION 3: ELIGIBILITY:

The Overlay Zone is applied only to those properties that meet all the following criteria:

A. Properties that are listed as the site for a project proposed as a “builder’s remedy” project in reliance on Government Code section 65589.5(d)(5) that (i) submitted a preliminary application pursuant to Government Code Section 65941.1 for a housing development project prior to May 1, 2024 [the date the City’s Sixth Cycle (2021-2029) Housing Element was certified by the California Department of Housing and Community Development]; (ii) submitted a formal application consistent with the requirements of Government Code Section 65941.1 within 180 days of the preliminary application; and iii) the preliminary application has not lapsed at (a) the time of submittal of an application pursuant to this Overlay Zone, or (b) the date of any settlement agreement as may be entered into between the City and a builder’s remedy project applicant.

B. Properties shall not contain a designated historic resource or any resource eligible for historic resource designation.
-2-
SECTION 4: OBJECTIVE STANDARDS:

If the Overlay Zone applies, to be eligible for the ministerial application processing the project must meet the objective standards below:

A. Uses: The allowed uses shall only be those included in the Preliminary Application, along with those uses permitted in the underlying zone.

B. Density:

1. The maximum density allowed is applicable solely to projects under this Ordinance and shall not be used in density regulations for projects under any other authority.

2. The maximum residential density allowed on the site is the number of residential units proposed in the Preliminary Application.

3. Projects utilizing the provisions of this Ordinance must opt not to utilize density bonus provisions pursuant to Government Code Section 65915 to exceed this maximum density, and shall agree to waive all rights under Density Bonus law.

C. Architecture and Design

1. Setbacks:
a. For properties in the R-4 zone, the front and rear setbacks shall be no less than the setbacks shown on the Preliminary Application. Side setbacks shall no less than the greater of the three feet or the side setback shown on the Preliminary Application.
b. For properties in the MU overlay zone or C3 zone, the front, rear, and side setbacks shall be no less than the setbacks shown on the Preliminary Application.

2. Height limit: The project may not exceed seventy-five feet (75’) to the floor level of the highest occupied floor (including occupied rooftops) and eighty-five (85’) to the top of the roof, measured as set forth in section 10-3-100 of this chapter.

3. Exceptions from height limit:
a. Vent pipes that are not higher than required by law. b. Structures enclosing elevator equipment and/or elevator lobbies if such structures are not higher than twenty feet (20') above the adjacent roof deck and are not larger than the shaft of the elevator or elevators and their respective lobby areas, and if such structure is used for no purpose other -3-
than providing the minimum space required for the elevators and their equipment and such lobby areas.
c. Structures enclosing stairs required by law to be carried to the roof if such enclosing structure is used for no other purpose than enclosing the stairs and is no larger than the stair shaft below and if such enclosure is not more than fifteen feet (15') in height as measured from the adjacent roof deck. d. Penthouse structures used exclusively for mechanical equipment for the building or structure if such penthouse structure is not more than fifteen feet (15') in height as measured from the adjacent roof deck. e. Parapets or handrails not more than forty five inches (45") in height as measured from the roof or floor which they surround.
f. Unoccupied Architectural Features: Notwithstanding any other provision of the Beverly Hills Municipal Code, unoccupied architectural features such as skylights and clerestories may exceed the height limits established by this section by not more than ten feet (10') in height if such unoccupied architectural features do not exceed thirty three percent (33%) of the roof area upon which they are located and no such feature exceeds or intersects a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal.
g. A maximum of two (2) rooftop bathrooms that are associated with rooftop swimming pools or spas, provided that:
i. The maximum total area of all rooftop bathrooms does not exceed two hundred (200) square feet;
ii. Such structures do not exceed ten feet (10’) in height as measured from the adjacent roof deck;
iii. Such structures do not exceed thirty three percent (33%) of the roof area upon which they are located;
iv. Such structures do not exceed or intersect a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal.

4. Minimum Unit Size: Dwelling units shall meet or exceed the minimum required size as provided in the California Building Code.

5. Common outdoor areas setback: All common outdoor areas that can be accessed by residential tenants and/or their guests must be set back a minimum of five feet (5’) from any building edge located adjacent to a residentially zoned property. -4-

6. Balconies: No balcony located adjacent to a residential zone may exceed a depth of three feet (3’). All enclosures for balconies located adjacent to a residential zone must be fully opaque to a height of 48 inches, and any enclosure at a height of greater than 48 inches must be translucent.

7. Modulation: No modulation is required for projects in commercial and mixed use overlay zones. For projects located in the R-4 Zone, the modulation provisions of 10-3-2806 B. and C. shall apply.

8. Open space: No open space is required.

9. Front yard paving: All front yard paving must comply with the requirements of the underlying zone.

10. Walls, fences, and hedges: All walls, fences, and hedges must comply with the requirements of the underlying zone.

11. Exterior lighting: All exterior lighting must comply with Section 10-4-314 (Lighting of Premises) of this Chapter.

12. No barbeque or kitchen facilities may be installed or utilized on balconies or common outdoor areas.

D. Parking and Access

1. Projects shall provide no less parking than the number of parking spaces proposed in the Preliminary Application.

2. All parking must comply with applicable screening requirements for the underlying zone.

3. Parking access must be from an alley or a side street, where available.

4. A parabolic mirror, light system and vehicle stop sign shall be installed at all parking egress points in order to ensure visibility for exiting vehicles and to warn alley traffic of exiting vehicles; no sound shall be utilized for the light system. Such features shall not be placed in or project into the City’s public right of way.

SECTION 5: PERFORMANCE STANDARDS:

The project applicant must agree to abide by the following performance standards and incorporate such standards into rules governing the development, such as project covenants, conditions, and restrictions (CC&Rs):

A. Use of common outdoor areas is allowed only between: 7:00 A.M. to 10:00 P.M. on weekdays, and 9:00 AM to 10:00 PM on weekends and holidays. Signage indicating the restrictions shall be installed on in the common outdoor open space area. -5-
B. The use of amplified sound of any kind in any outdoor area, including private balconies and rooftop areas, is prohibited.

C. The use of all rooftop outdoor areas is limited only to project residents and their guests.

For mixed use development projects, no commercial occupant or hotel guest may utilize rooftop facilities.

SECTION 6: OBJECTIVE CODE PROVISIONS APPLY:

Except as expressly provided in this Ordinance, projects shall comply with all other generally applicable objective standards in the Beverly Hills Municipal Code.

SECTION 7: AFFORDABILITY REQUIREMENTS:

A. Applicants must restrict units to be sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code at no less than the minimum percentage of units required by Government Code section 65589.5. To implement this requirement, the applicant shall agree to record a covenant memorializing the affordable housing restriction in a form acceptable to the City Manager and City Attorney. Compliance with this Section shall satisfy the City’s inclusionary housing requirements set forth in Beverly Hills Municipal Code Sections 10-3-4802 and 10-3-4803.

B. The occupants of the affordable housing units within the Project shall have the same access to the common entrances, common areas, and amenities, including parking and rooftop residential amenities, as the occupants of the market rate housing units and the affordable housing units shall not be isolated to a specific floor or an areas on a specific floor. Further, the affordable housing units shall have the same number and type of appliances as the market rate units.

C. Regardless of whether an applicant qualifies for a ministerially reviewed project or not, Applicants whose property meets the eligibility criteria for the overlay zone in Section 3 may transfer some or all of the required affordable housing units from one site that is subject to this Overlay Zone (the Transferor Site) to another site or sites that all are within the Overlay Zone (the Transferee Site(s)), provided that for each affordable unit that is transferred from a Transferor Site, two affordable units at the same or lower affordability level shall be provided at the Transferee Site(s). Any such transfer shall be memorialized in writing acceptable to the City and recorded against both the Transferor and Transferee Sites. Any transferred affordable units shall be constructed and issued a certificate of occupancy prior to the issuance of any certificate of occupancy for any portion of development on the Transferor site(s).

SECTION 8: MINISTERIAL PROCESSING:

A. Applications for projects that comply with all the foregoing requirements shall qualify for alternative ministerial processing of the application by the Community Development Director or designee(s). Applicants shall submit full and complete applications for the Alternate Project to initiate the alternative ministerial processing. Qualifying projects shall -6-
not be subject to discretionary review, including but not limited to architectural or design review subject to Article 30 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code.

B. If a project is approved through this optional ministerial process, the approval will only become effective at such time as the applicant irrevocably withdraws its builder’s remedy project proposal, including the Preliminary Application and all related applications.

EXHIBIT B
Housing Element MND

  













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