BEVERLY
HILLS
AGENDA REPORT
Meeting Date: May 19, 2026
Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADOPTING A
UNIFORM REVIEW PROCESS APPLICABLE TO HOUSINGDEVELOPMENT PROJECTS SUBJECT TO MINISTERIAL REVIEW
AND MAKING A DETERMINATION OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Attachments: 1. Ordinance
REC0MM EN DATI ON
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 ADOPTING A
UNIFORM REVIEW PROCESS APPLICABLE TO HOUSING DEVELOPMENTPROJECTS SUBJECT TO MINISTERIAL REVIEW AND MAKING A DETERMINATION
OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)”.
INTRODUCTION
At its May 5, 2026 meeting, the City Council conducted a first reading of this ordinance and introduced it.
DISCUSSION
This ordinance establishes 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.
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Meeting Date: May 19, 2026
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 requirementsof 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 developmentapplications are expected to be offset through application fees collected for each project.
Laurence S. Wiener
City Attorney
Approved By
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Attachment
I
ORDINANCE NO. 26-0-
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 CALIFORNIAENVIRONMENTAL 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 659 12.100et 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 TNTENT:
The purpose of this Article is to establish a uniform administrative process for the reviewof and action on housing development project applications that are required by state law to be subject oniy 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 housingdevelopment 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 excludingpostentitlement phase permits as defined in Government Code Section659 13.3(k)(3), as amended from time to time. -2-
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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, consistentwith applicable law.
E. “Housing Development Project,” for purposes ofthis 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 determiningcompliance 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 anduniform benchmark or criterion available and knowable by both the applicant ordevelopment proponent and the public official prior to submittal of a developmentapplication. “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 lawrequires ministerial approval, including but not limited to Government Code Sections 65912.100 el 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 forministerial 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, togetherwith 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 theapplication submittal materials shall be a ground for determining an application incomplete. If incomplete, the City shall provide written notice identifying thedeficiencies, 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 writtennotice 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 theministerial review process, if the request is submitted prior to issuance of the finalbuilding permit. The modification request shall be reviewed by the Director of Community Development, or designee for compliance with objective standards and applicable state law.
1-I. Denial: The City shall deny an application that does not demonstrate compliance with applicable objective standards, based on written findings identifying the standards notmet. -5-
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10-3-5205: OBJECTIVE STANDARDS:
The City shall evaluate applications for compliance with all applicable objectivestandards in effect at the time the application is deemed complete, unless otherwiserequired 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 allapplicable 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 conflictsare 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. -6-
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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 applicableprior 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 CommunityDevelopment 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 objectivestandards 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 B0785-0009\3242303v5 doc
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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 extentnecessary 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, thisArticle 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 -8-
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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 ofthe 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 7. 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.
I/I‘I
III”
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Adopted:
Effective:
CRAIG A, CORMAN
Mayor of the City ofBeverly Hills, California
ATTEST:
___________________________(SEAL)
HUMA AHMED
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:LAURENCE S. WIENER NANCY HUNT-COFFEYCity Attorney City Manager -10-
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