AGENDA REPORT
Meeting Date: May 5, 2026
Item Number:
To: Honorable Mayor & City Council
From: Cindy Gordon, AICP, Assistant Director of Community Development/City Planner
Edgar Arroyo, Project Manager – Current Planning
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING A
UNIFORM REVIEW PROCESS APPLICABLE TO HOUSING
DEVELOPMENT PROJECTS SUBJECT TO MINISTERIAL REVIEW
AND MAKING A DETERMINATION OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Attachments: 1. Draft Ordinance
RECOMMENDATION
Staff recommends that the City Council:
1. Waive the full reading and introduce by title only an ordinance entitled “AN
ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING A UNIFORM
REVIEW PROCESS APPLICABLE TO HOUSING DEVELOPMENT PROJECTS
SUBJECT TO MINISTERIAL REVIEW AND MAKING A DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)” (Attachment 1)
INTRODUCTION
This report presents a proposed ordinance to establish a standardized ministerial permit process for housing development projects subject to State-mandated streamlined review.
The ordinance is intended to align the City’s procedures with applicable statutory requirements governing ministerial approval of qualifying housing projects.
DISCUSSION
Recent changes in State law have expanded the categories of housing development projects that are required to be reviewed through a ministerial process, measured against objective standards. Historically, the City has processed housing applications through discretionary review, which includes public hearings and action by the Planning Meeting Date: May 5, 2026
Commission and the Architectural and Design Review Commission, and the City Council on appeal. The proposed ordinance updates the Beverly Hills Municipal Code (BHMC) to reflect current State requirements for streamlined, objective, and non-discretionary reviews of qualifying housing development projects. Projects that qualify for this review process must be approved without a public hearing and without the right of appeal.
Several State laws now require ministerial approval of eligible housing developments and limit the City’s ability to deny or impose discretionary conditions on such projects, including, but not limited to:
Senate Bill (SB) 35: Requires ministerial approval of qualifying multi-family housing developments that meet specified criteria related to affordability, zoning, and labor standards. Based on current housing production levels, the City expects to become subject to SB 35 requirements later this year. Assembly Bill 2011 (AB 2011): Requires ministerial approval for certain mixedincome and 100% affordable housing projects located on sites zoned for office, retail, or parking uses, provided they meet detailed statutory criteria. The City is currently processing two such projects at 8300 Wilshire Boulevard and 9220 Santa Monica Boulevard (“Parcel 12”), with final determinations anticipated in the near future.
Other State Housing Laws (e.g., SB 9 and SB 1123): Expand ministerial approval requirements across a broader range of housing types by facilitating multi-family residential development and subdivisions in both single-family and multi-family residential zones, provided qualifying projects meet specified statutory criteria.
In response to these State mandates, the City has already begun implementing ministerial review processes when required. The two AB 2011 projects are currently being reviewed by staff with decisions that will be rendered at the staff level without public hearings or discretionary action by the Planning Commission or Architectural and Design Review Commission, consistent with State law. Review is limited to verification of compliance with applicable objective development and design standards, as well as other applicable statutory criteria, except where modified pursuant to State Density Bonus Law. Projects that meet these requirements must be approved within prescribed timeframes.
The proposed ordinance is intended to formalize the City’s existing administrative practices and ensure that local procedures remain consistent with State law. Importantly, adoption of the ordinance would not expand the types of projects subject to ministerial review beyond those required under State law. Projects that do not qualify for ministerial processing under applicable State laws would continue to be reviewed through the City’s existing discretionary review procedures, including consideration by the appropriate decision-making bodies and in accordance with the BHMC.
Meeting Date: May 5, 2026
PUBLIC OUTREACH AND NOTIFICATION
Public outreach and notification were not required for this draft ordinance beyond publication on an agenda at least 72 hours in advance of the meeting. However, the ordinance will 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.
ENVIRONMENTAL REVIEW
The draft ordinance 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, Sections 15000 et seq.), and the environmental regulations of the City. The draft ordinance is not subject to the requirements of 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.
FISCAL IMPACT
There are no anticipated significant fiscal impacts associated with the proposed ordinance.
Staff costs related to implementation of the ordinance and review of qualifying housing development applications are expected to be offset through application fees collected for each project.
Michael Forbes, AICP
Director of Community Development
Approved By
ATTACHMENT 1
Draft Ordinance
B0785-0009\3242303v5.doc
ORDINANCE NO. 26-O-_____
AN ORDINANCE OF THE CITY OF BEVERLY HILLS
ADOPTING A UNIFORM REVIEW PROCESS APPLICABLE
TO HOUSING DEVELOPMENT PROJECTS SUBJECT TO
MINISTERIAL REVIEW AND MAKING A DETERMINATION
OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS DOES ORDAIN AS FOLLOWS:
Section 1. This Ordinance amends the City of Beverly Hills Municipal Code to adopt a uniform procedure for processing housing development project applications subject to a ministerial review process.
Section 2. This Ordinance, to the maximum extent possible, shall apply to all pending and future development applications submitted pursuant to state law for which state law mandates a ministerial review process, including but not limited to Government Code Sections 65912.100 et seq, 65913.4, 65852.21, 65852.28, 66411.7, and 66499.41, and any other state law requiring ministerial review.
Section 3. The City Council hereby adds Article 52 (Ministerial Approval Process for Qualifying Housing Development Projects) to Chapter 3 (Zoning) of Title 10 (Planning and Zoning) of the Beverly Hills Municipal Code to read as follows:
“ARTICLE 52. MINISTERIAL APPROVAL PROCESS FOR QUALIFYING HOUSING
DEVELOPMENT PROJECTS
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10-3-5200: PURPOSE AND INTENT:
The purpose of this Article is to establish a uniform administrative process for the review of and action on housing development project applications that are required by state law to be subject only to a ministerial review. This Article is intended to:
A. Ensure timely and consistent processing of qualifying housing development project applications;
B. Implement state law requirements without expanding or restricting them; C. Limit review of qualifying housing development projects to objective standards and requirements as required by law; and
D. Provide clarity regarding procedures applicable to ministerial reviews. 10-3-5201: DEFINITIONS:
For purposes of this Article, the following terms shall have the meaning set forth in this section unless the context clearly indicates a different meaning is intended:
A. “Applicable Standards” means all objective standards, requirements, and regulations of this Code and other applicable law that apply to a housing development project subject to ministerial approval.
B. “Applicant” means any person or entity submitting an application for a housing development project subject to this Article.
C. “Application” means a request for approval of a housing development project subject to ministerial review under applicable state law, but excluding postentitlement phase permits as defined in Government Code Section 65913.3(k)(3), as amended from time to time.
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D. “Complete Application” means an application that includes all the documents and materials required by the City’s application checklist containing all the information necessary to evaluate compliance with applicable objective standards, consistent with applicable law.
E. “Housing Development Project,” for purposes of this Article, has the same meaning as set forth in California Government Code Section 65905.5(b)(3).
F. “Ministerial Review” means an approval process required by state law for a housing development project in which the City’s review is limited to determining compliance with objective standards and does not involve the exercise of discretion.
G. “Objective Standards” means standards that do not require the exercise of personal or subjective judgment and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant or development proponent and the public official prior to submittal of a development application. “Objective Standards” includes zoning, subdivision, and design review standards, as may be applicable to a housing development project. 10-3-5202: APPLICABILITY:
This Article applies to any housing development project application for which state law requires ministerial approval, including but not limited to Government Code Sections 65912.100 et seq, 65913.4, 65852.21, 65852.28, 66411.7, and 66499.41, or any other housing development, subdivision, or land use applications that qualify for ministerial review under applicable statutes.
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Nothing in this Article shall be interpreted to convert a discretionary approval into a ministerial approval; or to expand or limit the scope of any state law providing for ministerial approval.
10-3-5203: MINISTERIAL REVIEW AUTHORITY:
A. The Director of Community Development, or designee, shall have authority to review and act upon all housing development project applications subject to ministerial approval under this Article.
B. Applications subject to this Article shall not be subject to discretionary review, public hearing, or administrative appeal.
10-3-5204: APPLICATION REVIEW PROCESS:
A. Application Submittal: An applicant shall submit to the Director of Community Development, or designee, an application on forms prescribed by the City, together with all materials and information required by the applicable application checklist(s) and any other submittal requirements established by the City.
B. Completeness Determination: The City shall determine whether an application is complete in accordance with applicable state law. Inconsistencies within the application submittal materials shall be a ground for determining an application incomplete. If incomplete, the City shall provide written notice identifying the deficiencies, inconsistencies, and further information required. A determination that the application is incomplete may be appealed to the City Council pursuant to the procedures set forth in Article 3 of Chapter 4 of Title 1 of the Beverly Hills Municipal Code.
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C. Processing Timeline: Applications shall be processed within the timeframes required under applicable state law, including any statute providing for ministerial approval and, where applicable, the Permit Streamlining Act (Government Code Section 65920, et seq.). Any tolling or extensions shall be governed by state law.
D. Objective Standards Review: Upon a determination of completeness, the City shall review the application solely for compliance with applicable objective standards.
E. Deficiencies. If the application does not demonstrate compliance with applicable objective standards or contains insufficient information, the City shall provide written notice identifying the deficiencies. The applicant shall be responsible for timely submitting revisions demonstrating compliance.
F. Approval: The City shall approve an application ministerially upon determining that it demonstrates compliance with all applicable objective standards.
G. Modification: To the extent required by applicable state law, the applicant can request modification to a housing development project that has been approved under the ministerial review process, if the request is submitted prior to issuance of the final building permit. The modification request shall be reviewed by the Director of Community Development, or designee for compliance with objective standards and applicable state law.
H. Denial: The City shall deny an application that does not demonstrate compliance with applicable objective standards, based on written findings identifying the standards not met.
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10-3-5205: OBJECTIVE STANDARDS:
The City shall evaluate applications for compliance with all applicable objective standards in effect at the time the application is deemed complete, unless otherwise required by law.
A. Authority to Determine Compliance: The Director of Community Development, or designee, shall have authority to apply objective standards and to:
1. Determine whether submitted materials demonstrate compliance;
2. Require clarification or supplemental information necessary to verify compliance.
B. Burden of Proof: The applicant shall bear the burden of demonstrating, through substantial evidence in the record, that the proposed development complies with all applicable objective standards.
C. Strict Compliance Required: Applications shall demonstrate compliance with objective standards as written. The City shall not be required to waive, modify, or interpret standards in a manner that would reduce or eliminate their requirements, except as required by law.
D. Inconsistencies and Conflicts: Where inconsistencies or conflicts exist between submitted materials and applicable standards, the City may determine that the application does not demonstrate compliance until such inconsistencies or conflicts are resolved.
E. No Waiver by Silence: Failure of the City to identify a deficiency at any stage of review shall not constitute a waiver of the requirement that the project comply with all applicable objective standards, to the maximum allowed under state law. -7-
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10-3-5206: CONDITIONS OF APPROVAL:
The City may impose conditions of approval to ensure that the approved project complies with all applicable objective standards and other applicable requirements of this Code and state law.
A. Timing and Compliance: Conditions of approval may specify the timing and manner in which compliance must be achieved, including requirements applicable prior to issuance of permits, during construction, or prior to occupancy.
B. Ongoing Obligations: Conditions of approval may impose ongoing operational or maintenance requirements necessary to ensure continued compliance with applicable objective standards.
C. Standard Conditions of Approval: The project shall comply with standard conditions of approval, as may be adopted by the Director of Community Development from time to time, to address topics including, but not limited to, requirements for applicant acceptance of project approval and recordation of same, entering into and recording affordable housing agreements and related documents, timeframes for exercise and validity of the project approval, and compliance with approved plans.
D. Utility and Off-Site Improvement: Conditions of approval may include requirements for utility connections, upgrades, or extensions, and for off-site improvements, as necessary to ensure compliance with applicable objective standards and other applicable requirements of this code and state and federal law.
E. Independent Compliance. Nothing in the approval of a project, or the absence of a specific condition of approval, shall be construed to relieve the applicant of the -8-
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obligation to comply with all applicable requirements of this code and other law, including those necessary to provide adequate utility service, and lawful access to the project site.
F. Condition Precedence: In the event of any inconsistency between approved plans and conditions of approval, the conditions of approval shall control to the extent necessary to ensure compliance with applicable objective standards.
G. Failure to Comply: Failure to comply with conditions of approval shall constitute a violation of this Code and may result in withholding or revocation of permits, certificates, or approvals to the extent permitted by law. 10-3-5207: DECISION DOCUMENTATION:
A. The City shall issue a written determination approving or denying an application processed under this Article.
B. The determination shall:
1. Identify applicable objective standards;
2. State whether the application complies with such standards; and
3. Include any conditions of approval imposed pursuant to Section 10-3-5206. 10-3-5208: CONFLICT WITH OTHER CODE PROVISIONS:
In the event of a conflict between this Article and any other provision of this Code, this Article shall govern for applications subject to ministerial approval, to the extent required by state law.”
Section 4. 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 -9-
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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 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 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 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 (31st) day after its passage. ///
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Adopted:
Effective:
CRAIG A. CORMAN
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