Beverly Hills Municipal Code Art. 2 Council Ordered Review of Administrative Decisions

A. The Council may order a review of any discretionary decision made by any commission, board, or official of the City, except as otherwise provided in susection B or elsewhere in this Code. Such review may be ordered by motion of the Council duly adopted within thirty (30) calendar days after the issuance of the decision. If a City Council member requests an agenda item for the Council to consider ordering the review of a discretionary decision, then effectiveness of any permit, entitlement to use, or other right granted by the decision appealed from shall be stayed until either (1) Council decides not to set the decision for review, or (2) City Council review is final.

B. The Council may review any discretionary decision made by any commission, board, or official on a Housing Development Project pursuant to the procedures in this subsection B. Upon the receipt by the City Manager of written requests from two (2) or more City Council members requesting a hearing on a decision on a Housing Development Project during a fourteen (14) day call up period, the effectiveness of any permit, entitlement to use, or other right granted by the decision appealed from shall be stayed until Council review is final, and the City Manager shall deem the matter called up and set the matter for a hearing before the City Council.

C. "Housing Development Project" as used in this Article, has the same meaning as set forth in California Government Code Section 65905.5(b)(3), as it may be amended from time to time. (1962 Code § 1-6.201; amd. Ord. 94-O-2211, eff. 9-2-1994; Ord. 24-O-2901, eff. 10-18-2024)

Upon the adoption of an order for a review of a decision per subsection 1-4-201A, the Mayor shall fix a time and place for the hearing. The City Manager shall set hearings for the review ordered by the City Council pursuant to subsection 1-4-201B.

At least twenty (20) days prior to the hearing, written notice shall be mailed to the applicant and such other persons who appeared and addressed the board, commission, or official at the previous hearing on the matter, and such other notice as required by law for the decision being reviewed shall also be given. (Ord. 18-O-2752, eff. 5-11-2018; amd. Ord. 24-O-2901, eff. 10-18-2024)

Unless otherwise ordered and noticed, hearings shall be held as a part of the regular meetings of the Council. The hearings shall be de novo in that an independent reexamination of the matter shall be made. Any oral or documentary evidence may be received, but the Mayor shall exclude irrelevant, immaterial, or unduly repetitious evidence. It shall not be a ground for objection that the evidence is hearsay or secondary, but the Council's decision shall be made upon substantial evidence. (1962 Code § 1-6.203; amd. Ord. 24-O-2901, eff. 10-18-2024)

The provisions of sections 1-4-107 and 1-4-108 of this chapter shall be applicable to the decisions of the Council. (1962 Code § 1-6.204; amd. Ord. 24-O-2901, eff. 10-18-2024)