Beverly Hills Municipal Code Art. 52 Ministerial Approval Process for Qualifying Housing Development Projects

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. (Ord. 26-O-2934, eff. 6-19-2026)

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:

APPLICABLE STANDARDS: All objective standards, requirements, and regulations of this Code and other applicable law that apply to a housing development project subject to ministerial approval.

APPLICANT: Any person or entity submitting an application for a housing development project subject to this Article.

APPLICATION: 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.

COMPLETE APPLICATION: 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.

HOUSING DEVELOPMENT PROJECT: For purposes of this Article, has the same meaning as set forth in California Government Code Section 65905.5(b)(3).

MINISTERIAL REVIEW: 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.

OBJECTIVE STANDARDS: 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. (Ord. 26-O-2934, eff. 6-19-2026)

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.

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. (Ord. 26-O-2934, eff. 6-19-2026)

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. (Ord. 26-O-2934, eff. 6-19-2026)

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.

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. (Ord. 26-O-2934, eff. 6-19-2026)

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. (Ord. 26-O-2934, eff. 6-19-2026)

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 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. (Ord. 26-O-2934, eff. 6-19-2026)

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. (Ord. 26-O-2934, eff. 6-19-2026)

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. (Ord. 26-O-2934, eff. 6-19-2026)