BEVERLY HILLS STAFF REPORT Meeting Date: March 6, 2018 To: From: Honorable Mayor & City Council Laurence S. Wiener, City Attorney Subject: Recommendation by the Sunshine Task Force Committee Regarding Legislative Advocacy Registration, Expanding Notice for Projects and Amending Hearing Procedures Attachments: 1. Ordinance (redline) 2. Ordinance (clean) 3. Quasi-Judicial hearing process 4. Public comment received by City Attorney s office INTRODUCTION The attached Ordinance requires legislative advocates who have registered between February 9, 2017 and February 8, 2018 to re-register using the new forms or file a notice of termination of their legislative advocacy relationship. The ordinance also increases the period and distance of notice for projects from 10 to 20 days and from 500 feet to 1000 feet, respectively. Finally, the attached policy generally provides for the following order of testimony for quasi-judicial public hearings: (1) the applicant team (including legislative advocates in support), (2) legislative advocates (in opposition), (3) public, (4) rebuttal by applicant, and (5) rebuttal by public. DISCUSSION At the February 12, 2018 Sunshine Task Force Committee meeting, the Committee made the following recommendations: 1) Require legislative advocates who have registered between February 9, 2017 and February 8, 2018 to re-register using the new forms, or file a notice of termination of their legislative advocacy relationship; 2) Increase the period and distance of notice for projects from 10 to 20 days and from 500 feet to 1000 feet, respectively; and 3) Change the quasi-judicial Public Hearing procedures to generally provide for the following order of testimony: (1) the applicant team (including legislative advocates in support); (2) Page 1 of 5 B0785-0001\21 62673v2.doc 2/28/18
Meeting Date: March 6, 2018 legislative advocates (in opposition), (3) public, (4) rebuttal by applicant, and (5) rebuttal by public. Legislative Advocate Registration The Council recently adopted an ordinance amending the City s legislative advocacy provisions, which became effective on February 9, 2018. The changes included additional reporting requirements on the Legislative Advocate registration form such as providing the range of compensation the Legislative Advocate is to be paid, whether the Legislative Advocate or an employer has ever been sanctioned for violating a lobbying ordinance and indicating whether they are an expenditure lobbyist. The Sunshine Task Force expressed concern that the Legislative Advocates who filed before such ordinance s February 9, 2018 effective date did not have to disclose the additional information. Therefore, the Sunshine Task Force Committee recommended that the Legislative Advocates who registered in the 12 months prior to the February 9, 2018 effective date should have to file again with the new registration form or file a notice of termination of their legislative advocacy relationship. Expanded Notice Requirements Changing 70 days advance notice to 20 days. The Sunshine Task Force Committee expressed concern that 10 days mailed notice in advance of a decision or public hearing regarding a project was not sufficient. The Committee recommends that the notice period be expanded to 20 days mailed notice. The Code also provides for a 10-day notice by on site posting and publication in a newspaper. The attached Ordinance expands the 10-day notice period for all types of notices (i.e., mailed, on site posting and newspaper publication) to 20 days to accommodate the concerns expressed by the Sunshine Task Force Committee that notice that was mailed 10 days before the hearing gives neighbors too little time to react to the notice or learn about the project. This proposed change has the advantage of providing more advance notice to the public. However, providing 20-days notice by mailing, newspaper publication and posting will likely delay hearings by some additional period. In addition, Section 10-3-4412 of the Municipal Code requires the Design Review Commission to conduct a hearing if a proposed development requires a track 2 review. Such hearing is required to be not less than ten (10) days nor more than thirty (30) days after the receipt by the director of a complete application unless otherwise agreed to by the applicant. Changing the notice for hearings from 10 to 20 days will make it difficult to meet the 30 day requirement in some instances depending upon when the next Commission meeting date falls. Thus, this requirement may force the Commission to have more than one meeting per month. Similarly, applying the 20 day-notice provision to Architectural Commission decisions could result in delays of up to one month if the Architectural Commission meets only one per month. Page 2 of 5 B07$5-0001\21 62673v2.doc
Meeting Date: March 6, 2018 10 day notice to tenants. It should be noted that Government Code Section 66427.1(a) of the Planning and Land Use law states that in the event an owner desires to convert residential real property into a condominium project, a community apartment project, or a stock cooperative project, the legislative body shall not approve a final map for as subdivision unless it finds that a 10-day written notification that an application for a public report will be, or has been, submitted to the Bureau of Real Estate, that the period for each tenant s right to purchase begins with the issuance of the final public report, and that the report will be available on request. This 10-day notice is also contained in the Municipal Code and was not changed in the attached ordinance. Landmark or Historic Designation Proceedings Section 10-3-3215 of the municipal code requires a preliminary hearing to determine whether a proposed landmark or proposed historic district merits formal consideration for nomination by the Cultural Heritage Commission. The code requires a 10 day-notice prior to a preliminary hearing before the Cultural Heritage Commission (in the case of designation proceedings initiated by a property owner or the commission) or before the City Council (in the case of designation proceedings initiated by the Council). In addition, a 15-day notice is required for the Cultural Heritage Commission to formally consider nominating a property or geographical area for designation as a landmark or historic district to the applicant, if any, and to all owners of the affected properties and their respective designated agents. Such 10 and 15 day-notice provisions were not changed since there was no discussion on this topic at the Sunshine Task Force meeting and given the previous consideration given regarding the timing of the landmark designation process. Changing 500 foot radius to 1000 feet. For project applications that are reviewed by the Planning Commission and/or the City Council, the Code currently provides for mailed notice to all addresses within a 500 foot radius in the Hillside and Trousdale areas and a 500 foot radius plus block face in the Central Area of the City. The Sunshine Task Force recommends that the 500 foot radius for sending mailed notices be expanded to a 1000 foot radius around the project site. This has the benefit of reaching more residents. However, the cost of printing and mailing will be significantly increased as a result. For example, a sample project address provided for 260 homes within a 500 foot radius. When expanded to 1000 feet, there were 900 homes, more than triple that of the 500 foot radius. 700 foot and 300 foot radius noticing. It should be noted that the code currently provides for 100 foot and 300 foot radius noticing for certain types of projects reviewed by the Design Review Commission and the Community Development Department, as well as for Resolutions of Public Convenience or Necessity, which was not changed in the attached ordinance since there was no discussion at the Sunshine Task Force meeting concerning the 100 foot and 300 foot radius noticing. For example, for single family home façade remodels and new homes in the Central Area of the City that are determined to be track 2 that are reviewed by the Design Review Commission, the mailed notice is sent to those addresses within a 100 foot radius of the project plus block face. For the project applications that can be reviewed and approved by the Director of Page 3 of 5 B0785-000 I I 62673v2.doc
Meeting Date: March 6, 2018 Community Development and staff, the notice requirements are a 300 foot radius in the Trousdale area and a 100 foot radius plus block face in the Central Area of the City. In addition, notice of a public hearing for resolutions of public convenience or necessity is mailed to property owner and occupants within 300 feet of the premises for which a determination is requested. If the Council desires to expand the 100 foot and 300 foot radius noticing, this can be done fairly easily by amending the Ordinance. Order of Testimony for Quasi-Judicial Hearings Currently, for quasi-judicial hearings, the Council, the Planning Commission, the Design Review Commission, the Cultural Heritage Commission and the Architectural Commission take testimony in the following order after the staff report is given and questions from the Council: 1) applicant team; 2) public; and 3) applicant rebuttal. The public hearing is then closed and the City Council can comment and make a decision. The Sunshine Task Force expressed concern that since the public only had one opportunity to speak on an item, the public could not correct, test or rebut information that was brought up after they had their opportunity to speak. The Sunshine Task Force Committee recommends that the order of testimony for quasi-judicial hearings be generally changed as follows: 1) applicant team (including legislative advocates in support); 2) legislative advocates (in opposition); 3) public; 4) applicant; and 5) public. Due process is a constitutional principle which requires that an applicant be given a fair hearing before an impartial decisionmaker. Failure to provide a fair hearing may result in a legal challenge of the City s decision. The concept of a fair hearing means that a party must be apprised of the evidence against him or her so that he or she may have an opportunity to refute, test, and explain it, before the decisionmaker makes a decision. Since due process requires, among other things, that the applicant have an opportunity to refute, test or explain any new evidence that is brought up at the hearing, the applicant will be asked at the end of the resident testimony if the applicant feels he/she has heard any new evidence and would like a chance to speak to the new evidence. If the answer is no, then the public hearing will be closed and the Council will then be able to ask questions and comment. However, if the applicant feels a new issue or evidence is brought up by the public and the applicant wishes to address the new evidence, then the applicant will be able to speak on such new issue or evidence in the interests of due process, with the public being able to again speak after the applicant on such new issue or evidence. This process will continue until the applicant believes he/she has had an opportunity to speak on all issues or evidence. This change in the order of testimony has the benefit of allowing for a back and forth between the applicant and the public. However, this back and forth could result in much longer hearings. If the Council desires to amend the order of testimony for quasi-judicial hearings, this can be included in the Council Policy and Operations Manual. Commissions who conduct quasi-judicial hearings would adopt their own policies. FISCAL IMPACT There will be some increased staff time to initially review the additional Legislative Advocate forms that will be filed. There is likely no fiscal impact as a result of the revised quasi-judicial hearing order of testimony. However, there will be increased costs to applicants and the City as Page 4 of 5 B0785-000l\2 I 62673v2doc
Meeting Date: Match 6, 2018 a result of the increased noticing radius from 500 feet to 1000 feet. generally are passed on to the project applicants. The increased costs RECOMMENDATION The Sunshine Task Force Committee recommends that the City Council introduce the ordinance at tonight s Council meeting. Consequently, if the Council is satisfied with the ordinance, the ordinance appears on the consent calendar. In addition, the Sunshine Task Force recommends implementing a written policy to generally provide for the following order of testimony for quasi-judicial hearings: (1) applicant team (including legislative advocates in support); 2) legislative advocates (in opposition); 3) public; 4) rebuttal by applicant; and 5) rebuttal by public. This also appears on the consent calendar. (/E) Approved By Laurence S. Wiener, City Attorney Page 5 of 5 B07$5-0001\2 162673v2doc
ATTACHMENT I
ORDINANCE NO. 18-0- AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE REGARDING LEGISLATIVE ADVOCATE REGISTRATION AND PUBLIC NOTICING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council hereby amends and restates Section 1-4-1 05 ( CONSIDERATION OF APPEALS PETITIONS ) of Article 1 ( Appeal Of Administrative Decisions To Council ), of Chapter 4 ( APPEAL AND REVIEW PROCEDURES ) of Title 1 ( GENERAL PROVISIONS ) to read as follows: 1-4-105: CONSIDERATION OF APPEAL PETITIONS: After an appeal petition is filed in accordance with this article, the city clerk shall place the matter on the council agenda for council action. Based on the appeal petition and the written material presented, the council shall determine whether to refer the matter back to the commission, board, or official rendering the decision pursuant to subsection A of this section or whether to grant a hearing on the appeal pursuant to subsection B of this section. The council shall not permit oral testimony in its determination under this section. A. If the council finds the facts in the appeal petition contain new and material evidence not previously presented to the board, commission, or official, the council may order that the board, commission, or official rehear the matter. Written notice of the rehearing shall be mailed to the appellant and to such other persons who have appeared and addressed the board, commission, or official at the prior hearing in connection with such matter, and mailing shall be at least ten (1 0)2 days before such rehearing, and such other notice as required by law for the previous hearing shall also be given. B. Except as provided for in subsection A of this section, the council shall set the matter for a hearing. At least ten (10)2 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 previous hearing shall also be given. Section 2. The City Council hereby amends and restates Section 1-4-202 ( SETTING HEARINGS ) of Article 2 ( Council Ordered Review Of Administrative Decisions ) of Chapter 4 ( APPEAL AND REVIEW PROCEDURES ) of Title 1 ( GENERAL PROVISIONS ) to read as follows: BO785-OOO1\2161452v4,3doc
1-4-202: SETTING HEARINGS: Upon the adoption of an order for a review of a decision, the mayor shall fix a time and place for the hearing. At least ten (10)2 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 previous hearing shall also be given. Section 3. The City Council hereby adds paragraph E to Section 1-9-105 ( REGISTRATION ) of Article 1 ( COMPENSATED LEGISLATIVE ADVOCATES ), of Chapter 9 ( LEGISLATIVE ADVOCATES ) of Title 1 ( GENERAL PROVISIONS ) to read as follows: 1-9-105: REGISTRATION: E. All Legislative Advocates who filed a Legislative Advocate registration form with the City between February 9, 2017 through and including February 8, 2018 shall file a new registration form with the City that meets the requirements of this Article 4-1. or shall file a form disclosing the termination of the legislative advocate relationshio Dursuant to Section 1-9-107. Section 4. The City Council hereby amends and restates paragraph A.2., paragraph B.2.a. and paragraph C of Section 10-3-252 ( Notification Methods ) of Article 2.5 ( Public Notice Requirements ) of Chapter 3 ( Zoning ) of Title 10 ( Planning and Zoning ) of the Beverly Hills Municipal Code to read as follows: 10-3-252: NOTIFICATION METHODS: A. On Site Posted Notice 2. Notification Period: On site posted notices shall be displayed at least ten (1 0)2 days in advance of a decision or public hearing and remain through the appeal period. B. Mailed Notice 2. Notification Period: a. Notices of application/pending action and notices of public hearing subject to this section shall be mailed at least ten (10)2 days prior to such action or hearing by the reviewing authority. C. Newspaper Notice: Where a newspaper notice is required by this section, before the date of a public hearing the director shall cause to be published a notice in at least one newspaper of general circulation in the city at least ten (10)2Q days prior to the public hearing. -2- BO785-OOO1\2161452v4-doc
Section 5. The City Council hereby amends and restates Section 10-3-253 ( Notification Requirements ) of Article 2.5 ( Public Notice Requirements ) of Chapter 3 ( Zoning ) of Title 10 ( Planning and Zoning ) of the Beverly Hills Municipal Code to read as follows: 1 0-3-253: NOTIFICATION REQUIREMENTS: The following methods of notice are required for each planning application: A. Standard Requirements: Public Notice Requirements On Site Newspaper Mailed For Development Applications Posted Notice 4O2 Day Notice 432 Notice Day 4020. Day Architectural review: Director: Director level projects can be processed administratively None None None and include: minor landscape approvals, some commercial signs, and minor exterior changes to multi-family and commercial buildings (paint color changes, replacing like for like elements). These permits are generally processed at the planning counter. Commission: Commission level projects must be reviewed by the Only None None city s architectural commission (AC) and include: sign projects in accommodations, most commercial signs, facade remodels for multi-family commercial and multi-family buildings, new construction of residential commercial and multi-family buildings, and landscaping for zones commercial and multi-family projects. Cultural heritage: Director Director level projects can be processed administratively Certificate of appropriateness for designated and include certificate of review for district noncontributor and landmarks and contributing properties: See director s determination of ineligibility. section 10-3-3219 of this chapter Commission: Commission level applications include projects that Certificate of ineligibility: See section are reviewed by the city s cultural heritage commission (CHC). The 10-3-3221 of this chapter CHC recommends to the city council on landmark or historic district designation1 nominations and Mills act contracts. The CHC acts on Landmark or historic district designation: See certificates of appropriateness for designated landmarks and section 10-3-3215 of this chapter contributing properties, certificates of ineligibility, and certificates of economic hardship. Certificate of economic hardship: See section 10-3-3220 of this chapter Design review: Director: Director level projects can be processed administratively None None Owner/applicant and include single-family home remodels and new homes in the Central Area of the city that are determined to be track 1. Commission: Commission level applications include projects that Yes None Central Area: are reviewed by the city s design review commission (DRC) 100 foot radius including single-family home facade remodels and new homes in the + block face Central Area of the city that are determined to be track 2. Planning review: Director Level: Director level includes applications that can be Yes No Hillside and reviewed and approved by staff. Trousdale: 300 Accessory dwelling unit use permit foot radius -3- BO785-OOO1\21614S2v4-1doc
Development plan review Game court fence In lieu parking Large family daycare permit1 Lot line adjustment Minor accommodation Open air dining Overnight stay permit Planned development review R-1: Hillside, Central and Trousdale R-4 permit Reasonable accommodation1 Resolution of public convenience and necessity1 Tree removal permit1 View restoration1 Central Area: 100 foot radius + block face CommissionlCouncil Level: Commission/council, however many Yes Amendments Hillside and of the applications may be referred to the planning commission level (general plan, Trousdale: applications are reviewed and approved by the planning commission streets master 5001.000 foot or city council. Applications include: plan, specific radius Accessory dwelling unit use permit plan, zone text, zoning code) Central Area: Amendment (general plan, streets master plan, specific plan, zone 5001.000 foot text, zoning code)2 Conditional use radius + block Common interest development12 permit face Conditional use permit2 Density bonus permit2 Development plan review Extended hours permit2 Game court fence Game court location2 In lieu parking Large family daycare permit1 Lot line adjustment Maps: tentative and parcel2 Minor accommodation Open air dining Maps (tentative and parcel) Specific plan Variance -4- BO785-OOO1\2161452v3doc
Overnight stay permit Planned development review R-1: Hillside, Central and Trousdale R-4 permit Reasonable accommodation1 Resolution of public convenience and necessity1 Specific plan2 Tree removal permit1 Variance2 View restoration1 Notes: 1. Special noticing requirements apply, see subsection B of this section. 2. Applications reviewed at the commission/council level only. B. Special Notice Requirements: Development Application Public Notice Posting Requirements The following applications have unique noticing requirements: Common interest development With regard to all forms of common interest development conversions, the property owner shall be responsible to give each tenant and each prospective tenant all applicable notices as required by this code and state law. 1. Notice Of Intent: A notice of intent to convert shall be delivered by the subdivider to each tenant at least 60 days prior to submitting an application for the tentative map in accordance with California Government Code section 66427.1(a) or any successor statute. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. For the purposes of this article, the legal requirements for service by mail shall mean the requirements set forth in California Code Of Civil Procedure sections 1012 and 1013a, or any successor statutes. The form of the notice shall be in the form outlined in Government Code section 66452.9 and shall inform the tenants of all rights provided under this code and state law. 2. Notice Of Public Report: In accordance with the provisions of California Government Code section 66427.1(a) or any successor statute, the subdivider shall provide each tenant 10 days advance written notice that an application for a public report will be or has been submitted to the state department of real estate, and that said report will be available for review in the department of community development once the report is released by the department of real estate. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. 3. Notice Of Final Map Approval: In accordance with the provisions of California Government Code section 66427.1 (ha) or any successor statute, the subdivider shall provide each tenant written notification within 10 days of approval of a final map for the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices -5- B0785-0001\2 16145 2v3.doc
comply with the legal requirements for service by mail. 4. Additional Notice To Terminate Tenancy: In accordance with the provisions of California Government Code section 66427.1(c) or any successor statute, the subdivider shall provide to each tenant written notice of the intent to convert at least 180 days prior to the termination of tenancy due to the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. 5. Notice Of Public Hearing On Tentative Map: In addition to any other notice required by law, at least 4O2 days prior to the public hearing before the planning commission on the tentative map, the subdivider shall provide each tenant written notice of the public hearing. Said notice shall be in the form prescribed by the director of community development or his or her designee and shall contain, as a minimum, the following information: a. An estimate as to the length of time before the conversion, if approved, would result in the tenant s eviction; b. An explanation of the tenant s rights and benefits if the conversion is approved; and c. The grounds upon which the planning commission can deny the request for conversion. 6. Affidavit Required: In connection with an application for a tentative map to convert an existing multi-family residential apartment building or a common interest development previously created prior to January 1, 2006, to a common interest development, the subdivider shall submit an affidavit in a form prescribed by the director of community development attesting to compliance with the noticing requirements prescribed by subsection A of this section. Said affidavit shall be signed by the subdivider under penalty of perjury and shall include copies of the proof of service on each tenant in the building to be converted. Large family daycare permit Not less than 4OZ days prior to the date on which the director shall review the application, notice of the application shall be mailed, by United States mail, postage prepaid, to all owners shown on the last equalized assessment roll as owning real property within 100 feet of the exterior boundaries of the subject site area. Reasonable accommodation At least 3-O2 calendar days before issuing a written determination on the application, the director shall mail notice to the applicant and adjacent property owners that the city will be considering the application, advising of the standards for issuing an accommodation, and inviting written comments on the requested accommodation. Written notice of a hearing to consider the application shall be mailed 4-O2 calendar days prior to the meeting to the applicant and adjacent property owners. Resolution of public convenience ornotice of a public hearing shall be mailed to property owners and occupants necessity within 300 feet of the premises for which a determination is requested. At least 142Q days prior to the public hearing a written notice shall be published in the newspaper. Tree removal permit Notice of any hearing on such a permit before the planning commission shall be mailed to any adjacent property owners whose property rights may be substantially affected by the approval of the requested permit. View restoration 1. Public Hearing Notice: Notice of any hearing held pursuant to this section shall be mailed at least 30 days prior to such hearing by United States mail, postage paid, to the applicant and to all owners who are identified as foliage owners in the view restoration permit application, as shown on the latest equalized assessment roll, as well as residential occupants of the foliage owners properties. 2. Notice Of Decision: Within 5 days after the issuance of a decision by the -6- B0785-0001\2161452v1,Ldoc
reviewing authority, the director of community development shall cause a copy of the decision to be mailed through the United States mail, postage prepaid, to each of the following persons: a. The view owner, using the mailing address set forth in the application; b. Each foliage owner that is named on the application, as listed on a current tax assessor s roll and to the occupant of the foliage owner s property if the foliage owner s address is different than the property on which the foliage is located. The failure of the person addressed to receive a copy of the decision shall not affect the validity or effectiveness of any decision. Section 6. 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 7. 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 his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. Section 8. 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. -7- B0785-0001\2161452v4&doc
Adopted: Effective: ATTEST: LILt BOSSE Mayor of the City of Beverly Hills, California BYRON POPE City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: LAURENCE S. WIENER City Attorney MAHDI ALUZRI City Manager SUSAN HEALY KEENE Director of Community Development 2161 152-8- BO785-OOO1\2161452v4-3Uoc
ATTACHMENT 2
ORDINANCE NO. 18-0- AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE REGARDING LEGISLATIVE ADVOCATE REGISTRATION AND PUBLIC NOTICING REQUIREMENTS FOLLOWS: THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS Section 1. The City Council hereby amends and restates Section 1-4-105 ( CONSIDERATION OF APPEALS PETITIONS ) of Article 1 ( Appeal Of Administrative Decisions To Council ), of Chapter 4 ( APPEAL AND REVIEW PROCEDURES ) of Title 1 ( GENERAL PROVISIONS ) to read as follows: 1-4-105: CONSIDERATION OF APPEAL PETITIONS: After an appeal petition is filed in accordance with this article, the city clerk shall place the matter on the council agenda for council action. Based on the appeal petition and the written material presented, the council shall determine whether to refer the matter back to the commission, board, or official rendering the decision pursuant to subsection A of this section or whether to grant a hearing on the appeal pursuant to subsection B of this section. The council shall not permit oral testimony in its determination under this section. A. If the council finds the facts in the appeal petition contain new and material evidence not previously presented to the board, commission, or official, the council may order that the board, commission, or official rehear the matter. Written notice of the rehearing shall be mailed to the appellant and to such other persons who have appeared and addressed the board, commission, or official at the prior hearing in connection with such matter, and mailing shall be at least 20 days before such rehearing, and such other notice as required by law for the previous hearing shall also be given. B. Except as provided for in subsection A of this section, the council shall set the matter for a hearing. At least 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 previous hearing shall also be given. Section 2. The City Council hereby amends and restates Section 1-4-202 ( SETTING HEARINGS ) of Article 2 ( Council Ordered Review Of Administrative Decisions ) of Chapter 4 ( APPEAL AND REVIEW PROCEDURES ) of Title 1 ( GENERAL PROVISIONS ) to read as follows: 1 B0785-0001\2161452v3.doc
1-4-202: SETTING HEARINGS: Upon the adoption of an order for a review of a decision, the mayor shall fix a time and place for the hearing. At least 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 previous hearing shall also be given. Section 3. The City Council hereby adds paragraph E to Section 1-9-105 ( REGISTRATION ) of Article 1 ( COMPENSATED LEGISLATIVE ADVOCATES ), of Chapter 9 ( LEGISLATIVE ADVOCATES ) of Title I ( GENERAL PROVISIONS ) to read as follows: 1-9-105: REGISTRATION: E. All Legislative Advocates who filed a Legislative Advocate registration form with the City between February 9, 2017 through and including February 8, 2018 shall file a new registration form with the City that meets the requirements of this Article 1, or shall file a form disclosing the termination of the legislative advocate relationship pursuant to Section 1-9-107. Section 4. The City Council hereby amends and restates paragraph A.2., paragraph B.2.a. and paragraph C of Section 10-3-252 ( Notification Methods ) of Article 2.5 ( Public Notice Requirements ) of Chapter 3 ( Zoning ) of Title 10 ( Planning and Zoning ) of the Beverly Hills Municipal Code to read as follows: 10-3-252: NOTIFICATION METHODS: A. On Site Posted Notice 2. Notification Period: On site posted notices shall be displayed at least 20 days in advance of a decision or public hearing and remain through the appeal period. B. Mailed Notice 2. Notification Period: a. Notices of application/pending action and notices of public hearing subject to this section shall be mailed at least 20 days prior to such action or hearing by the reviewing authority. C. Newspaper Notice: Where a newspaper notice is required by this section, before the date of a public hearing the director shall cause to be published a notice in at least one newspaper of general circulation in the city at least 20 days prior to the public hearing. -2- B0785-0001\2161452v3.doc
Section 5. The City Council hereby amends and restates Section 10-3-253 ( Notification Requirements ) of Article 2.5 ( Public Notice Requirements ) of Chapter 3 ( Zoning ) of Title 10 ( Planning and Zoning ) of the Beverly Hills Municipal Code to read as follows: 10-3-253: NOTIFICATION REQUIREMENTS: The following methods of notice are required for each planning application: A. Standard Requirements: Public Notice Requirements On Site Newspaper Mailed For Development Applications Posted Notice 20 Day Notice 20 Day Notice 20 rchitectural review: Director: Director level projects can be processed administratively None None None and include: minor landscape approvals, some commercial signs, and minor exterior changes to multi-family and commercial buildings (paint color changes, replacing like for like elements). these permits are generally processed at the planning counter. Commission: Commission level projects must be reviewed by the Only None None city s architectural commission (AC) and include: sign projects in accommodations, most commercial signs, facade remodels for multicommercial and multi-family buildings, new construction of family commercial and multi-family buildings, and landscaping for residential commercial and multi-family projects. flones Cultural heritage: Director: Director level projects can be processed administratively Certificate of appropriateness for designated and include certificate of review for district noncontributor and landmarks and contributing properties: See director s determination of ineligibility. section 10-3-3219 of this chapter Commission: Commission level applications include projects that Certificate of ineligibility: See section 10-3- are reviewed by the city s cultural heritage commission (CHC). The 3221 of this chapter CHC recommends to the city council on landmark or historic district designation1nominations and Mills act contracts. The CHC Landmark or historic district designation: See acts on certificates of appropriateness for designated landmarks section 10-3-3215 of this chapter and contributing properties, certificates of ineligibility, and certificates of economic hardship. Certificate of economic hardship: See section 10-3-3220 of this chapter Design review: Director: Director level projects can be processed administratively None None Dwner/applicant and include single-family home remodels and new homes in the Central Area of the city that are determined to be track 1. Commission: Commission level applications include projects that (es None Dentral Area: are reviewed by the city s design review commission (DRC) 100 foot radius + including single-family home facade remodels and new homes in block face he Central Area of the city that are determined to be track 2. Planning review: Director Level: Director level includes applications that can be es No Hillside and reviewed and approved by staff. trousdale: 300-3- Day 80785-0001\2161452v3.doc
\ccessory dwelling unit use permit Development plan review Game court fence In lieu parking Large family daycare permit1 Lot line adjustment Minor accommodation Open air dining Overnight stay permit öot radius Central Area: 100 foot radius + block face Planned development review R-1: Hillside, Central and Trousdale R-4 permit Reasonable accommodation1 Resolution of public convenience and necessity1 Free removal permit1 ]iew restoration1 Commission/Council Level: Commission/council, however many of the applications may be referred to the planning commission level applications are reviewed and approved by the planning commission or city council. Aoolications include: \ccessory dwelling unit use permit mendment (general plan, streets master plan, specific plan, tone text, zoning code)2 - Common interest development12 Conditional use permit2 - Density bonus permit2 Development plan review tes \mendments (general plan, streets master plan, specific plan, zone text, toning code) Conditional use 9 Maps (tentative nd parcel) JFJ II rj plan -lillside and rousdale: 1,000 oot radius Dentral Area: 1,000 foot radius block face Extended hours permit2 I,, ri, n nc Game court fence Game court location2 In lieu parking Large family daycare permit1 Lot line adjustment Maps: tentative and parcel2-4- B0785-0001\2161452v3.doc
- Resolution Minor accommodation Open air dining Overnight stay permit Planned development review R-1: Hillside, Central and Trousdale R-4 permit Reasonable accommodation1 of public convenience and necessity Specific plan2 tree removal permit1 ]ariance2 ]iew restoration1 Notes: 1. Special noticing requirements apply, see subsection B of this section. 2. Applications reviewed at the commission/council level only. B. Special Notice Requirements: Development Application IPublic Notice Posting Requirements The following applications have unique noticing requirements: Common interest development Nith regard to all forms of common interest development conversions, the property owner shall be responsible to give each tenant and each prospective enant all applicable notices as required by this code and state law. 1. Notice Of Intent: A notice of intent to convert shall be delivered by the subdivider to each tenant at least 60 days prior to submitting an application or the tentative map in accordance with California Government Code section 56427.1(a) or any successor statute. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. For the purposes of this article, the legal requirements for service by mail shall mean the requirements set forth in California Code Of Civil Procedure sections 1012 and 1013a, or any successor statutes. The form of the notice shall be in the form outlined in Government Code section 66452.9 and shall inform the tenants of all rights )rovided under this code and state law. 2. Notice Of Public Report: In accordance with the provisions of California Government Code section 66427.1(a) or any successor statute, the subdivider shall provide each tenant 10 days advance written notice that an application for a public report will be or has been submitted to the state department of real estate, and that said report will be available for review in the department of community development once the report is released by the department of real estate. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. -5- B0785-0001\2161452v3.doc
Large family daycare permit Reasonable accommodation Resolution of public convenience or necessity tree removal permit hew restoration 3. Notice Of Final Map Approval: In accordance with the provisions of California Government Code section 66427.1(a) or any successor statute, the subdivider shall provide each tenant written notification within 10 days of approval of a final map for the proposed conversion. The written notices to :enants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.. Additional Notice To Terminate Tenancy: In accordance with the provisions of California Government Code section 66427.1(c) or any successor statute, the subdivider shall provide to each tenant written notice of the intent to convert at least 180 days prior to the termination of tenancy due to the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements or service by mail. 5. Notice Of Public Hearing On Tentative Map: In addition to any other notice required by law, at least 20 days prior to the public hearing before the planning commission on the tentative map, the subdivider shall provide each enant written notice of the public hearing. Said notice shall be in the form prescribed by the director of community development or his or her designee and shall contain, as a minimum, the following information: a. An estimate as to the length of time before the conversion, if approved, ould result in the tenant s eviction: b. An explanation of the tenant s rights and benefits if the conversion is approved; and c. The grounds upon which the planning commission can deny the request or conversion. 6. Affidavit Requited: In connection with an application for a tentative map to convert an existing multi-family residential apartment building or a common interest development previously created prior to January 1, 2006, to a common interest development, the subdivider shall submit an affidavit in a orm prescribed by the director of community development attesting to compliance with the noticing requirements prescribed by subsection A of this section. Said affidavit shall be signed by the subdivider under penalty of perjury and shall include copies of the proof of service on each tenant in the building to be converted. Not less than 20 days prior to the date on which the director shall review the application, notice of the application shall be mailed, by United States mail, postage prepaid, to all owners shown on the last equalized assessment roll as owning real property within 100 feet of the exterior boundaries of the subject site area. \t least 20 calendar days before issuing a written determination on the application, the director shall mail notice to the applicant and adjacent property owners that the city will be considering the application, advising of he standards for issuing an accommodation, and inviting written comments on the requested accommodation. Written notice of a hearing to consider the application shall be mailed 20 calendar days prior to the meeting to the applicant and adjacent property owners. Notice of a public hearing shall be mailed to property owners and occupants vithin 300 feet of the premises for which a determination is requested. At least 20 days prior to the public hearing a written notice shall be published in he newspaper. Notice of any hearing on such a permit before the planning commission shall be mailed to any adjacent property owners whose property rights may be substantially affected by the approval of the requested permit. 1. Public Hearing Notice: Notice of any hearing held pursuant to this section shall be mailed at least 30 days prior to such hearing by United States mail, -6- B0785-0001\2161452v3.doc
postage paid, to the applicant and to all owners who are identified as foliage owners in the view restoration permit application, as shown on the latest equalized assessment roll, as well as residential occupants of the foliage owners properties.. Notice Of Decision: Within 5 days after the issuance of a decision by the reviewing authority, the director of community development shall cause a copy of the decision to be mailed through the United States mail, postage )repaid, to each of the following persons: a. The view owner, using the mailing address set forth in the application; b. Each foliage owner that is named on the application, as listed on a current ax assessor s roll and to the occupant of the foliage owner s property if the oliage owner s address is different than the property on which the foliage is located. The failure of the person addressed to receive a copy of the decision shall not affect the validity or effectiveness of any decision. Section 6. 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 7. 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 his certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City. Section 8. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 am. on the thirty-first (31st) day after its passage. -7- B0785-0001\2161452v3.doc
Adopted: Effective ATTEST: LILI BOSSE Mayor of the City of Beverly Hills, California BYRON POPE City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: LAURENCE S. WIENER City Attorney MAHDI ALUZRI City Manager SUSAN HEALY KEENE Director of Community Development -8- B0785-0001\2161452v3.doc
ATTACHMENT 3
QUASI-JUDICIAL PUBLIC HEARINGS Order of Testimony The following order shall be used for public hearings: 1. Chair opens public hearing 2. Councilmembers report any ex-parte communications 3. Staff presentation 4. Applicant team, including any Legislative Advocates for Applicant 5. Legislative Advocates in Opposition 6. Public comment 7. Applicant rebuttal or response 8. Public rebuttal or response 9. Chair asks applicant if they would like to rebut or respond to any new issues or evidence brought up by the public. If applicant does not wish to speak further on any new issues or evidence, then proceed to #11 (Council questions). 10. If applicant speaks again, Chair asks the public if they would like to rebut. 11. Council questions 12. Hearing is closed 13. Council comments and deliberation 14. Motions 1 After the public speaks, chair should repeat steps 9 and 10 until applicant indicates he/she has had an opportunity to speak on all issues or evidence raised at the hearing.
ATTACHMENT 4
Dear City Council, I am a member of the Sunshine Task Force and am in complete support of the Sunshine Task Force s recommendations overall. But I have some thoughts for consideration for #2 to better align it with our City s goals of resident awareness and transparency. 1. Require legislative advocates who have registered between February 9, 2017 and Feb. 8, 2018 to re-register using the new forms; I am in full agreement with this proposal. The updated forms are necessary for full transparency. 2. Noticing requirements I suggest 30 days for noticing. We have found the current noticing procedures to be very challenging. The developers control the timeline and are ready to go at the time of submission and already have their teams in place. By the time the notice gets to residents and we open it, we are left with a mere few days If we are out of town for a week, then we miss it entirely and are denied due process It takes time to find and hire an architect, civil engineer and/or geologist Otherwise, if a resident does come across an issue that they want to bring to the Planning Commission s attention, we are not left with enough time to fully research our concern and prepare a meaningful letter for the packet s deadline, or presentation for the hearing. I suggest 2000 feet for noticing in the Hillside area. Even though that may sound large, many residents are affected by projects in the hillside that live on other nearby streets. This will allow them an opportunity to know a project is coming before the Planning Commission and give them a chance to learn about the project and explore the extent to which a project may affect them. For example: 1. In the hillsides, the current 500 ft is much too small an area. For example, for the project at 1184 Loma Linda Drive, the current noticing area doesn t even cover all of the residents on the street!
With the current 1000 ft proposed, I would receive notice for just a few addresses on Lago Vista Dr which as you can see is very close to me, and construction projects on that street would likely impact my family greatly. With my proposed 2000 feet, we would receive notice for a project on the corner of Lago Vista Drive and Coldwater Canyon. A project at this location would likely impact my family greatly.
#3. Change the quasi-judicial Public Hearing procedures to allow residents to rebut applicants to provide for the following order of testimony: (1) the applicant, (2) legislative advocates, (3) residents, (4) rebuttal by applicant, (5) rebuttal by residents. I am in full agreement with this proposal. The resident rebuttal is essential for due process to occur. The current process unfortunately allows ample opportunities for applicants who are stingy with the truth to present a false picture of a project, placing the Commissions or Council Members in an unfortunate position where they are deliberating