Beverly Hills Planning Commission Approves Builder’s Remedy Ordinance

News Summary

The Beverly Hills Planning Commission has approved a draft ordinance aiming to streamline the approval process for builder’s remedy projects, with a focus on affordable housing. The 3-0 vote allows developers to bypass local regulations if 20% of projects are dedicated to affordable housing. The ordinance is now headed to the City Council for further review and seeks to expedite processing for qualifying projects while balancing community concerns regarding development scale.

Beverly Hills – The Beverly Hills Planning Commission approved a draft ordinance on May 5 that seeks to streamline the approval process for specific builder’s remedy projects by encouraging developers to reduce the scale and size of their developments. The ordinance was passed with a 3-0 vote, with two commissioners recusing themselves due to financial interests but still participating in the discussion.

The proposed ordinance now awaits further review by the City Council before it can be formally adopted. If enacted, this legislation will alter the current permitting landscape for qualifying projects, allowing developers to bypass certain local regulations in exchange for commitments to include affordable housing.

Under the builder’s remedy provision, developers can forego local zoning laws if at least 20% of their project is dedicated to affordable housing. This provision is activated when a municipality’s housing element fails to comply with state mandates, which is currently the case for Beverly Hills. Specifically, the city has been out of compliance concerning its housing element for the 2021-2029 cycle since 2021.

With 14 builder’s remedy projects currently in process that exceed existing development standards in Beverly Hills, the ordinance proposes a shift from a discretionary approval process to a ministerial one for qualifying projects. This change means that projects meeting certain criteria—such as height restrictions of 85 feet or less—would receive expedited processing that does not require detailed review by city officials or public hearings.

By creating a more efficient permitting process, the aim is to incentivize developers to downscale their projects to better fit the character of existing developments in Beverly Hills. Additionally, the ordinance specifies that ministerial projects will be exempt from the California Environmental Quality Act (CEQA), eliminating the need for public notice or the right of appeal.

Restrictions included in the draft also limit outdoor common space usage, explicitly prohibiting barbecue or kitchen facilities on balconies to address neighborhood concerns. These measures are designed to minimize potential impacts from larger developments, striking a balance between the demands for increased housing and local preferences for community character.

The Planning Commission’s approval comes as the city navigates ongoing discussions related to housing development, including a lawsuit tied to a denied 19-story builder’s remedy project at 125-129 S. Linden Drive, with hearings set for May 15. Community members have expressed concerns regarding the density and scale of proposed projects, asserting that they may adversely affect the quality of life in the city.

The draft ordinance reflects a broader framework established under California’s Housing Accountability Act, expanded in 2017, which aims to facilitate the construction of affordable housing in compliance with state regulations. As local communities grapple with balancing growth and maintaining their unique character, the Beverly Hills Planning Commission’s efforts represent a significant step in addressing housing shortages while considering resident feedback.

As the ordinance moves to the City Council for further deliberation, stakeholders from both sides of the development conversation watch closely, weighing the implications for future projects and community integrity.

Deeper Dive: News & Info About This Topic

HERE Resources

Beverly Hills Planning Commission Proposes New Permit Process
Beverly Hills Council Rejects 15-Story Housing Proposal

Additional Resources

• Beverly Press: Planning Commission Updates Builder’s Remedy Guidelines
• Wikipedia: Housing in the United States
• Bisnow: Beverly Hills Builder’s Remedy Projects
• Google Search: Beverly Hills builders remedy
• LAist: Beverly Hills Builders Remedy Law Violation
• Encyclopedia Britannica: Urban Planning
• The Real Deal: Beverly Hills Retreats Against Builders Remedy
• Google News: Beverly Hills housing developments