News Summary
In a decisive meeting, the Beverly Hills City Council voted unanimously to deny an appeal for a proposed 15-story residential project, citing procedural adherence. The project aimed to construct 27 units, with a portion designated as affordable, but raised concerns over application timing and city policies. Legal challenges may follow, reflecting ongoing housing shortages in the area and compliance issues with state housing laws.
Beverly Hills City Council Says No to 15-Story Housing Project
In a recent meeting that lasted nearly two hours, the Beverly Hills City Council officially denied an appeal concerning a proposed residential development project at 140 S. Camden Drive. The applicant, Wilshire Camden, LLC, sought to overturn a city determination stating that their application was incomplete. However, the council ultimately decided that the city had followed legal procedures correctly.
What’s the Project About?
The ambitious proposal at hand involves the construction of a towering 15-story building, reaching an impressive 194 feet high. It aims to house a total of 27 residential units, which would include both condominiums and rental apartments. To contribute to the ongoing concern of affordable housing, the developer is looking to designate six of these units specifically as affordable. Additionally, the project includes four subterranean parking levels to accommodate residents.
A Battle Over Timing
The timeline of this project has seen its fair share of scrutiny. The final application was submitted back on August 30, 2024, but it wasn’t until October 3, 2024, that the city issued an “incompleteness determination.” This lag raised eyebrows, especially since state law requires local governments to determine the completeness of development applications within 30 calendar days. According to the applicant’s attorney, the city had effectively violated this rule by failing to respond in a timely manner. The applicant argued that if a determination is not made within that period, the application should automatically be considered complete.
The City’s Argument
However, city staff argued that applications aren’t officially submitted until the city acknowledges receipt and the necessary fees are paid. In this instance, fees were paid after hours on August 30, which meant the application was regarded as received only on September 3—the next business day. Consequently, the council stated that their October 3 response fell within the legally mandated time frame.
Concerns Raised
Throughout the meeting, concerns surrounding the city’s application submission policies came to light. One council member emphasized that the applicant had indeed been aware of the timelines and procedures in place. The atmosphere grew tense when the applicant’s attorney labeled the city’s policies as arbitrary, suggesting that there may be an underlying intention to delay the acknowledgment of applications.
A Unanimous Denial
After carefully weighing the arguments, the council voted unanimously to reject the appeal. The Vice Mayor highlighted the necessity of sticking to rules while navigating the ongoing challenge of housing shortages. Yet, the decision may spark further legal battles, as the applicant is now considering various options, claiming the city acted outside the bounds of the law.
Legal Implications Ahead?
This denial isn’t just a singular incident; Beverly Hills is currently entangled in two other lawsuits regarding builder’s remedy project denials. Observers have noted that the council’s decision could lead to a third lawsuit, especially given the potential implications for housing needs in the area. Under the Builder’s Remedy provision, developers are allowed to exceed local zoning regulations if a percentage of affordable housing is included in their projects. This provision has been a hot topic, particularly as Beverly Hills has faced challenges in meeting state housing requirements.
In fact, the city’s housing element has been out of compliance for three years prior to receiving state approval earlier this year. With considerations for both housing availability and legal actions looming on the horizon, the Beverly Hills City Council’s decisions are likely to have lasting impacts on the community.
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Additional Resources
- Beverly Press: Beverly Hills City Council Denies Builder’s Remedy Appeal
- GlobeSt: State Tells Beverly Hills to Approve Builder’s Remedy Tower
- The Real Deal: Beverly Hills Retreats in Fight Against Builder’s Remedy
- Beverly Hills Courier: City Council Mulls Potential Ministerial Permit Process for Builder’s Remedy Projects
- LAist: Beverly Hills and the Builder’s Remedy Law
