Beverly Hills Municipal Code Art. 3 Appeal of Administrative Decisions on Housing Development Projects

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. (Ord. 24-O-2901, eff. 10-18-2024)

A. A right to appeal exists for any act, ruling, or determination of any commission, board, or official on a Housing Development Project. Staff level decisions shall be appealable to the Planning Commission, and Commission level decisions shall be appealable to the City Council, except that any appeal pursuant to Government Code Section 65943 regarding a completeness determination for a Housing Development Project shall be considered by the City Council in the first instance.

B. No right of appeal to the City Council from any administrative decision on a Housing Development Project made by an official of the City pursuant to any of the provisions of this code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code.

C. No appeal pursuant to the provisions of this article may be taken from any administrative decision made by an official of the City, unless the decision to appeal has been first taken up with the official rendering the decision. (Ord. 24-O-2901, eff. 10-18-2024)

A. Any appeal petition for a Housing Development Project shall be filed with the city clerk within fourteen (14) calendar days after the date of the decision. In the event the last day of the filing period falls on a nonbusiness day, the appeal period shall be extended to include the next business day. The timely filing of the appeal petition is jurisdictional. The fee schedule for appeal petitions shall be approved by the Council and maintained on file by the director of finance. The effectiveness of any decision that is timely appealed shall be stayed until a final decision on the appeal is rendered and all administrative appeal periods have expired.

B. If an appeal petition seeking City Council review of a decision, filed pursuant to subsection A of this section, is withdrawn at any time prior to the City Council decision on the appeal petition, then subsequent to such withdrawal, the City Council may review the decision upon receipt by the City Manager of written requests from two (2) or more City Council members requesting a hearing on the decision during a fourteen (14) calendar day period following withdrawal of the appeal. If the City Council orders a review of such a decision, the effectiveness of such decision shall be stayed until City Council review is final. (Ord. 24-O-2901, eff. 10-18-2024)

Every appeal petition for a Housing Development Project shall contain a statement of the facts upon which the appeal is based in sufficient detail to enable the appellate body to understand the nature of the controversy, the basis of the appeal, and the relief requested. (Ord. 24-O-2901, eff. 10-18-2024)

Upon the filing of an appeal petition for a Housing Development Project, the effectiveness of any permit, entitlement to use, or other right granted by the decision appealed from shall be stayed pending a final decision by the appellate body. (Ord. 24-O-2901, eff. 10-18-2024)

After an appeal petition is filed in accordance with this article, the City Manager shall set the matter for a hearing before the City Council when the Council is the appellate authority, or, the Community Development Director shall set the matter for hearing before the appropriate Commission when a Commission is the appellate authority. At least twenty (20) days prior to the hearing, written notice shall be mailed to the appellant and to other persons who appeared and addressed the board, commission, or official at the prior hearing on the matter, and such other notice as required by law for the decision being reviewed shall also be given. (Ord. 24-O-2901, eff. 10-18-2024)

Hearings on appeals of any act, ruling, or determination of any commission, board, or official on a Housing Development Project pursuant to this Article are subject to the same rules as hearings for any other Administrative Decision as set forth in Section 1-4-106, of this Chapter. (Ord. 24-O-2901, eff. 10-18-2024)

The appellate body may reverse, affirm, or modify the decision or may make such decision or determination as may appear just and reasonable in the light of the evidence presented. (Ord. 24-O-2901, eff. 10-18-2024)

The appellate body shall adopt written findings that include the reasons for the appellate body's decision, including but not limited to, findings of fact required by the Code sections or ordinance upon which the appeal if based. (Ord. 24-O-2901, eff. 10-18-2024)