West Hollywood City Zoning Code
ARTICLE 19
5 Zoning Ordinance Administration
§ 19.70.010 Purpose.
This chapter describes the authority and responsibilities of city staff and appointed officials in the administration of this Zoning Ordinance.
(Ord. 01-594 § 2, 2001)
§ 19.70.020 Planning Agency Defined.
As provided by state law (Government Code Section 65100), the West Hollywood City Planning Commission, Historic Preservation Commission (HPC), and Community Development Department shall perform the functions of a planning agency.
§ 19.70.030 Planning Commission.
A.
Appointment. The Planning Commission is appointed and serves in compliance with Chapter 2.52 of the West Hollywood Municipal Code (Planning Commission).
B.
Duties and Authority. The Commission shall perform the duties and functions prescribed by Chapter 2.52 of the West Hollywood Municipal Code, and the duties and functions prescribed in Article 19-4 (Land Use and Development Permit Procedures), and other applicable provisions of this Zoning Ordinance.
(Ord. 01-594 § 2, 2001; Ord. 24-16, 6/24/2024)
§ 19.70.040 Historic Preservation Commission (HPC).
§ 19.70.050 Community Development Director.
A.
Appointment. The Community Development Director is appointed and serves in compliance with Chapter 2.16 of the West Hollywood Municipal Code (Community Development Department).
B.
Duties and Authority. The Community Development Director shall perform the duties prescribed in Section 2.16.030 of the West Hollywood Municipal Code (Duties of the Community Development Director), and shall:
C.
Supervision. The responsibilities of the Community Development Director may be temporarily delegated to a designated Community Development Director staff person as follows:
1.
Except where otherwise provided by this Zoning Ordinance, the responsibilities of the Community Development Director may also be carried out by Community Development Department staff under the supervision of the Community Development Director; and
2.
When the Community Development Director designates a Community Development Director staff person to act in place of the Community Development Director, the staff person shall perform the duties assigned by the Community Development Director in addition to those listed in Section 19.70.050(B), above, as appropriate to the personnel title of the staff designee.
§ 19.72.010 Purpose of Chapter.
A.
This chapter establishes regulations for legal nonconforming land uses, structures, and parcels. These are land uses, structures, and parcels within the city that were lawfully established, constructed, or subdivided before the adoption or amendment of this Zoning Ordinance, but which would be prohibited, regulated, or restricted differently under the current terms of this Zoning Ordinance or future amendments thereto.
B.
It is the intent of this chapter to encourage the continuing improvement of the city by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for improvements in their appearance.
(Ord. 01-594 § 2, 2001)
§ 19.72.020 Applicability.
A.
Nonconforming Uses, Structures, and Parcels. Nonconforming uses, structures, and parcels within the city may continue to be used, and may be maintained, altered, expanded, reconstructed, or replaced only as provided by this chapter.
B.
City Properties. Any property with a nonconforming structure owned in whole or part by the City of West Hollywood may continue to be used, and may be altered or expanded if the alterations, additions, or extensions do not extend beyond the boundaries of the original site. Nothing in this chapter shall be construed to require the discontinuance, or removal of a city-or county-owned nonconforming structure.
C.
Illegal Uses, Structures, and Signs. Uses, structures, and signs which did not comply with the applicable provisions of the West Hollywood Municipal Code or prior Los Angeles County regulations when established, are in violation of this Zoning Ordinance and are subject to the provisions of Chapter 19.80 (Enforcement). This chapter does not grant any right to continue the use or occupancy of property containing an illegal use or structure.
D.
Status of Designated Cultural Resource. Designated cultural resources shall not be considered nonconforming or illegal for purposes of maintenance and upkeep. No designated historic sign shall be required to be removed in compliance with Sections 19.34.130 (Abandoned Signs) and 19.34.140 (Illegal Signs), or Section 19.72.040 (Nonconforming Signs).
(Ord. 01-594 § 2, 2001)
§ 19.72.030 Nonconforming Structures.
A.
Maintenance, Repair, and Alterations. A nonconforming structure may be continuously maintained and repaired. Alterations without expansion are permitted if they improve the appearance or stability of the structure.
B.
Expansions. A nonconforming structure may be expanded, provided that the expansion complies with all applicable provisions of this Zoning Ordinance. Single-family dwellings and duplexes may expand up to 500 square feet without having to bring the entire structure into compliance with the Zoning Ordinance. The expansion of a nonconforming structure may exceed the density and height restrictions of this Zoning Ordinance in the following cases.
1.
The enclosure of an existing balcony or balconies of a multi-family residential unit, provided that the resulting unit meets the private open space requirements of this Zoning Ordinance, is designed to be compatible with the architecture of the building, and is authorized by administrative permit approval.
2.
Building height limits, but not including floor area ratio or maximum lot coverage provisions, provided such addition or expansion is developed pursuant to height requirements of this article. Notwithstanding the above, the expansion of a non-conforming structure may exceed the density and height restrictions of this Zoning Ordinance in the following cases:
a.
The enclosure of an existing balcony or balconies of a multi-family residential unit, provided that the resulting unit meets the private open space requirements of this Zoning Ordinance, is designed to be compatible with the architecture of the building and is authorized by administrative permit approval. All additions to units that are within a common interest development shall also require a letter of approval from that development's homeowners' association.
b.
The utilization of Section 19.28.040(B)(5) to add additional floor area to buildings constructed prior to November 29, 1984.
c.
The addition of up to 500 square feet of floor area on the ground level at the front of a commercial building, with or without required parking for the addition, if authorized by the Planning Commission through a development permit. A project approved under this provision must:
3.
The addition of up to 500 square feet of floor area on the ground level at the front of a commercial building and waiver of required parking for the addition, provided that the Planning Commission finds that the project:
C.
Reconstruction after Damage or Destruction. A nonconforming structure that is damaged or destroyed by fire, earthquake, or other calamity beyond the control of the property owner may be reconstructed in compliance with the Building Code, as follows.
1.
Multi-Family Residential Structures. A structure containing two or more dwelling units may be reconstructed provided that:
a.
The replacement structure contains at least the same number of dwelling units and floor area as the damaged structure;
b.
The replacement structure complies with all other applicable provisions of this Zoning Ordinance to the maximum extent feasible;
c.
Reconstruction or rebuilding of the structure will not be detrimental or injurious to the health, safety, or general welfare of the persons residing or working in the neighborhood, or will not be detrimental or injurious to the property and improvements in the neighborhood. The provisions of Chapter 19.32 of the West Hollywood Municipal Code shall apply to the replacement structure;
d.
A complete application for reconstruction is submitted within 12 months of the date of damage, and reconstruction is commenced within 180 days of land use permit approval; and
e.
Reconstruction, restoration, or rebuilding of a multi-family dwelling or duplex may be prohibited if the Review Authority finds that the reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood.
2.
Single-Family Dwellings and Non-Residential Structures. A damaged single-family dwelling or non-residential structure may be reconstructed as follows.
a.
Less Than 50 Percent Destruction. A structure with 50 percent or more of the total length of its original exterior walls remaining in place after the damaging event, requiring no replacement, may be reconstructed provided that:
(1)
The reconstructed structure occupies the same footprint or decreases the nonconformity of the structure, and is of no greater height than the original structure; and
(2)
A complete application for reconstruction is submitted within 12 months of the date of damage, and reconstruction is commenced within 180 days of land use permit approval.
b.
More Than 50 Percent Destruction. A structure that is damaged so that more than 50 percent of the total length of its exterior walls must be replaced, may also be reconstructed provided that:
(1)
The structure must be rebuilt to comply with the city's design standards to the extent feasible;
(2)
Any non-residential structure shall be set back no more than three feet from the front property line;
(3)
The reconstructed structure shall be provided at least as much parking as previously existed and as much as determined the Community Development Director to be feasible.
(Ord. 01-594 § 2, 2001; Ord. 02-619 § 5, 2002; Ord. 02-643 §§ 60 – 62, 2003; Ord. 14-940 § 37, 2014; Ord. 19-1058 §§ 235, 236, 2019; Ord. 24-16, 6/24/2024)
§ 19.72.040 Nonconforming Signs.
A.
Maintenance and Repair. A nonconforming sign may be continuously maintained and repaired.
B.
Allowable Changes. A nonconforming sign shall not be altered or expanded, except that the sign face or sign copy may be changed at any time as long as there is no change to the sign area or height, or the angle of the sign or its situation on the site, and the supporting structure is not removed.
C.
Reconstruction or Replacement. A nonconforming on-premises sign that is voluntarily removed, or accidentally destroyed shall be replaced only with a sign which conforms with all applicable provisions of this Zoning Ordinance. Off-premises signs other than those within the SSP zoning district shall not be replaced after removal.
D.
Amortization and Correction or Removal Required.
1.
Time Limit. Any sign that was nonconforming at the time of, or became nonconforming because of the provisions of this Zoning Ordinance and remains nonconforming shall be removed by May 2, 2004.
2.
Extension of Time Limit. The amortization schedule established by this section may be reviewed and extended as follows. The time limits established by Section 19.72.050(C) for the termination of a nonconforming use after discontinuance are not subject to these extension provisions.
a.
Application and Procedure. A required amortization schedule may be extended only through conditional use permit approval (Chapter 19.52). In addition to the information required for a conditional use permit application by Section 19.52.030, a request for extension of an amortization schedule shall also include documentation provided by the applicant to substantiate that the nonconforming use does not, and will not during the requested extension period:
b.
Time for Filing. The Planning and Development Services Department may accept the application for an extension either before or after the required date for discontinuance of the nonconforming use or sign.
c.
Findings for Approval. The approval of a conditional use permit to extend the amortization period for a sign shall require that the review authority first find that:
E.
Designated Historic Signs. Designated historic signs shall not be considered nonconforming for the purposes of this section.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 237, 2019)
§ 19.72.050 Nonconforming Uses.
A.
Allowable Changes.
1.
Enlargement or Expansion. A nonconforming use shall not be enlarged or increased to occupy a greater floor area or portion of the site than it lawfully occupied before becoming a nonconforming use. Alterations which do not increase or enlarge a nonconforming use may be approved.
2.
Extended Hours. The hours of business for a nonconforming use other than vehicle repair may be expanded to operate under extended business hours through minor conditional use permit approval.
B.
Re-Use After Damage or Destruction. A nonconforming use occupying a structure that is damaged or destroyed by fire, earthquake, or other calamity may be re-established with conditional use permit approval (the reconstruction of a nonconforming structure is subject to the provisions of Section 19.72.030 (Nonconforming Structures)), provided that a multi-family residential use shall comply with Section 19.72.030(C)(1) (Multi-Family Residential Structures).
C.
Discontinued Use. A nonconforming use that is voluntarily discontinued or has ceased operations for one year or more shall not be re-established on the site. Any further use of the site shall comply with all applicable provisions of this Zoning Ordinance.
D.
Replacement After Demolition. A nonconforming use which occupies a structure that is voluntarily demolished shall be replaced only with a use that complies with all applicable provisions of this Zoning Ordinance.
E.
Vehicle Repair Use. Any vehicle repair use that does not conform with the development standards in Section 19.36.370 (Vehicle Repair Shops) shall be discontinued and removed from the site by May 2, 2004. Any use of the site after that date shall comply with all applicable standards.
F.
Existing Service Station Use. All lawfully developed and operating service station uses in existence prior to October 17, 2022 or service station uses not yet developed and/or operating but subject to an approved and unexpired use permit.
1.
Existing service station uses and accessory structures (e.g., storage tanks, pumps, dispensers) related to the sale, storage, conveyance, and dispensing of gasoline and any other fossil fuel may not be added, enlarged, extended, reconstructed or moved to a different portion of the lot or parcel of land occupied. See Section 19.36.330 for existing service stations standards and allowable and prohibited uses.
G.
Nonconforming Due to Lack of Conditional Use Permit. A use that is nonconforming due to the lack of a conditional use permit may continue only to the extent that it previously existed (e.g., floor or site area occupied by the use, hours of operation). Any change shall require conditional use permit approval.
H.
Previous Conditional Use Permits In Effect. A use that was established with conditional use permit approval but is a use no longer allowed by this Zoning Ordinance within the applicable zoning district may continue in operation, but only in compliance with all provisions of the original conditional use permit. Modification of such use may be permitted as long as the proposed change complies with Section 19.72.050(A) and the use is approved pursuant to Section 19.52.020(A). If the conditional use permit specified a termination date, the use shall be discontinued in compliance with that termination date.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 63, 2003; Ord. 22-1189 § 9, 2022; Ord. 22-1190 § 13, 2022)
§ 19.72.060 Nonconforming Parcels.
A.
Allowed Use of a Nonconforming Parcel. A parcel that does not comply with the applicable requirements of this Zoning Ordinance for minimum lot area, dimensions, or access, shall be considered to be a legal building site for the purposes of development or the establishment of a new land use only if:
B.
Development and Use Standards. Any proposed development or use of a nonconforming parcel shall comply with all applicable requirements of this Zoning Ordinance.
C.
Further Division Prohibited. A nonconforming parcel shall not be further subdivided, and its boundaries may be changed through lot line adjustment only if the extent of the nonconformity remains unchanged or is reduced.
(Ord. 01-594 § 2, 2001)
§ 19.74.010 Purpose.
This chapter provides procedures for public hearings before the Planning Commission and Council. Whether or not a public hearing is required by this Zoning Ordinance, when public notice is required, it shall be given as provided by this chapter.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 238, 2019)
§ 19.74.020 Notice of Hearing.
When a land use permit, entitlement, or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with state law (Government Code Sections 65090, 65091, 65094, and 66451.3 and Public Resources Code Section 21000 et seq. ), or as otherwise required in this Zoning Ordinance.
Specific types of applications contain special notice provisions. Where the Zoning Ordinance provides for such specific notice provisions, those shall prevail over the general notice provisions of this chapter.
A.
Content of Notice. Notice of a public hearing shall include:
1.
Date, Time, and Place. The date, time, and place of the hearing; the name of the hearing body; a general explanation of the matter to be considered; a general description, in text or by diagram, of the location of the property that is the subject of the hearing; and the phone number of the department for additional information; and
2.
Environmental Document. If a proposed Negative Declaration or final Environmental Impact Report has been prepared for the project in compliance with the city's CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed Negative Declaration or certification of the final Environmental Impact Report.
B.
Method of Notice Distribution. Notice of a public hearing required by this chapter for a land use permit, amendment, or appeal shall be given as follows, as required by state law (Government Code Sections 65090 and 65091):
1.
Publication. Where publication is required by state law, notice shall be published at least once in a newspaper circulated in the city at least 10 days before the hearing; where state law permits, the city may elect to post notice in lieu of publishing;
2.
Mailing. Notice shall be mailed or delivered at least 10 days before the hearing to the following:
a.
Applicant and Owner. The applicant, and the owner of the property being considered or the owner's agent;
b.
Local Agencies. Each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;
c.
Surrounding Residents and Property Owners. All owners of real property as shown on the county's current equalized assessment roll, and all tenants within a radius of 500 feet or, at the discretion of the Community Development Director, where project impacts may affect a larger area than is typical, within a radius of 750 feet or 1,000 feet of the exterior boundaries of the parcel involved in the application; and
d.
Persons Requesting Notice. A person who has filed a written request for notice with the Community Development Director and has paid the fee set by the most current city's Fee Resolution for the notice.
3.
Posting of Site. A display board containing notice shall be posted at the subject parcel at least 28 days before the initial hearing and 10 days before any appeal hearing. The applicant is responsible for the preparation, installation, and maintenance of the posted notice.
a.
The applicant shall submit to the city an affidavit verifying that the sign was posted on the site in a timely manner.
b.
Failure of the applicant to post the parcel in compliance with this subsection, or technical defects in the content or composition of the sign (e.g., sign size, size of lettering, type of lettering) shall not constitute grounds to postpone the hearing or invalidate the decision made at the hearing where there has been substantial compliance with the requirements of this section and adequate noticing has been provided.
c.
d.
Public hearing signs that have been posted pursuant to this chapter shall be maintained to reflect the correct hearing date and shall remain in place until a decision on the application becomes final. The applicant shall remove the sign after that date.
C.
Posting on the Internet. Notice shall be posted on the city's website at least 10 days before the public hearing. However, failure to post on the website shall not constitute grounds to postpone the hearing or invalidate the decision made at the hearing.
D.
Announcement on Public Access Television. Notice shall be advertised on city channel (government access cable channel) at least 10 days before the public hearing. However, failure to post or advertise on city channel shall not constitute grounds to postpone the hearing or invalidate the decision made at the hearing.
E.
Posting in a Public Place. A notice shall be posted in a public place in the offices of the city at least three days before the hearing.
F.
Notice for Conversion of a Multi-Family Project to a Common Interest Development.
1.
Tenant Notice. In addition to notice required in this section, the applicant for a tentative map and development permit for the conversion of a multi-family residential structure to a common interest development shall deliver to each tenant within the structure, and to each prospective tenant thereafter, a notice regarding the proposed conversion.
2.
Thirty-Day Notice. The applicant shall deliver notice at least 30 days before the required hearing to all tenants, in compliance with state law.
3.
Proof of Service. Proof of service of the notice as well as a list of names and addresses of all tenants shall be provided to the city by the applicant.
4.
Burden of Proof. The applicant bears the burden of demonstrating at any public hearing regarding permits for the proposed conversion that the applicant has fully satisfied the requirements of this subsection.
G.
Alternative Notice. If the number of property owners to whom notice would be mailed is greater than 1,000, the Community Development Director, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-quarter page in a newspaper of general circulation in the city.
(Ord. 01-594 § 2, 2001; Ord. 04-683 § 5, 2004; Ord. 19-1058 §§ 239, 240, 2019; Ord. 24-16, 6/24/2024)
§ 19.74.030 Notice of Pending Decisions not Requiring a Hearing.
In cases where this Zoning Ordinance requires public notice of a pending land use decision but does not require a public hearing, the subject property shall be continuously posted with a minimum 11" by 17" sign giving notice of the application for at least 10 days before the date on which the public comment period will end, except that notice for an administrative permit shall be posted at least seven days prior to the end of the public comment period. The sign shall include the permit number, the address and a description of the project, and the date when the public comment period will end. A façade renovation shall not require a notice unless deemed necessary by the Community Development Director. A request to legalize illegal units shall require posting of a sign at least 14 days before the end of the public comment period and shall additionally require mailed notice to owners and residents of adjacent and abutting properties mailed or delivered at least 14 days before the end of the public comment period.
§ 19.74.040 Hearing Procedure.
Public hearings as provided for in this chapter shall be held at the time and place for which notice has been given in compliance with this chapter. A hearing may be continued without additional mailed notice, provided that the chair announces the time and place to which the hearing will be continued, before the adjournment or recess. Notice of the continuance shall be posted on-site until the new date of hearing.
(Ord. 01-594 § 2, 2001)
§ 19.74.050 Record of Decision.
A.
Timing of Decision. The review authority may announce and record the decision at the conclusion of a scheduled hearing, or defer action, take specified items under advisement, and continue the hearing. Where the Community Development Director is the review authority, the Community Development Director may take the matter under advisement, or refer the matter to the Commission for a decision.
B.
Content. The record of the decision by the review authority shall contain applicable findings, any conditions of approval and reporting or monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the city. Following the hearing, the record of the decision and any conditions of approval shall be hand-delivered or mailed to the applicant at the address shown on the application.
§ 19.74.060 Finality of Decision by Planning and Development Services Director or Planning Commission.
§ 19.74.070 Recommendation by Planning Commission.
At the conclusion of a public hearing on a proposed amendment to the General Plan, this Zoning Ordinance, the Zoning Map, a development agreement, or a specific plan, the Planning Commission shall forward a recommendation, including all required findings, to the Council for final action. Following the hearing, a notice of the Planning Commission's recommendation shall be hand-delivered or mailed to the applicant at the address shown on the application.
(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 244, 2019)
§ 19.74.080 Record of Council Decision.
For applications requiring Council approval, the Council shall announce and record its decision at the conclusion of the public hearing. The record of the decision shall contain the findings of the Council, any conditions of approval, and reporting or monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and welfare of the city. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application.
(Ord. 01-594 § 2, 2001)
§ 19.76.010 Purpose.
This chapter provides procedures for filing appeals of decisions rendered by the Community Development Director, Economic Development Director, Planning Commission, or Historic Preservation Commission (HPC).
(Ord. 01-594 § 2, 2001; Ord. 03-663 § 4, 2003; Ord. 18-1048 § 9, 2018; Ord. 19-1058 § 245, 2019; Ord. 24-16, 6/24/2024)
§ 19.76.020 Allowed Appeals.
A.
General Appeals.
1.
Community Development Director Decisions. Any decision on a discretionary permit rendered by the Community Development Director may be appealed to the Planning Commission, except that a decision regarding an adult business or a ministerial housing permit eligible under Chapter 19.45 shall be appealed directly to the Council. Any decision by the Community Development Director on a ministerial permit that does not qualify as a ministerial housing permit eligible under Chapter 19.45 (e.g., zone clearance, sign permit, etc.) may be appealed to the Planning Commission, provided that the only allowed grounds for appeal shall be that the Community Development Director's decision has not complied with the applicable provisions of this Zoning Ordinance.
2.
Planning Commission Decisions. Any decision rendered by the Planning Commission may be appealed to the Council.
3.
Historic Preservation Commission Decisions. Any decision rendered by the Historic Preservation Commission may be appealed to the City Council.
4.
Economic Development Director Decisions. Any decision rendered by the Economic Development Director on a special event permit may be appealed to the City Manager, followed by an appeal to the City Council.
B.
Planning Commission or Council Review. On its own initiative, the Planning Commission may review any decision rendered by the Director, and the Council may review any decision rendered by the Planning Commission, as follows. (See also Section 19.62.020 [Effective Date of Permits]).
1.
Decision to Review.
a.
One or more Planning Commissioners or Council members may initiate review of a Community Development Director or Planning Commission decision, respectively, by filing a written request with the City Clerk, within 10 days after the date of the decision, or within 10 days after a 72-hour period after the Community Development Director has taken a decision under advisement, in compliance with Section 19.62.020 (Effective Date of Permits).
b.
The Planning Commission or Council, as applicable, shall consider the "request for review" at its next regularly scheduled meeting.
c.
If the Planning Commission or Council, as applicable, votes to review the decision, a subsequent review hearing shall be scheduled to consider the merits of the review. Either action shall require an affirmative majority vote.
2.
Applicant Notification. At the time the review body votes to initiate review, the applicant shall be informed of the aspects of the application and the decision that the review authority will consider.
3.
Notice of Hearing. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Sections 19.76.030(G) and 19.76.040.
(Ord. 01-594 § 2, 2001; Ord. 03-663 § 4, 2003; Ord. 04-683 § 5 (Attachment A), 2004; Ord. 18-1048 § 9, 2018; Ord. 19-1058 § 246, 2019; Ord. 24-16, 6/24/2024; Ord. 25-09, 5/19/2025)
§ 19.76.030 Filing and Processing of Appeals.
A.
Timing and Form of Appeal.
1.
Appeals, other than Planning Commission or Council review, shall be submitted in writing and filed with the Community Development Department or City Clerk, as applicable, on a city application form, within 10 days after the date the decision is rendered by the Community Development Director or Planning Commission, or within 10 days after a 72-hour period after the Community Development Director has taken a decision under advisement, in compliance with Section 19.62.020 (Effective Date of Permits).
2.
Reviews by the Planning Commission or Council shall be considered at a hearing scheduled following its affirmative vote to review the decision in compliance with Section 19.76.020(B).
B.
Filing. Appeals shall be filed with the City Clerk, and shall be accompanied by the filing fee set by the city's Fee Resolution.
C.
Effect of Filing. The filing of an appeal in compliance with this chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal.
D.
Filing Fees Waived. The filing fee shall be waived for appeals accompanied by original petitions, signed by a minimum of 50 residents or property or business owners within West Hollywood.
E.
Required Statement and Evidence.
1.
Applications for appeals shall include a general statement specifying the basis for the appeal and the specific aspect of the decision being appealed.
2.
Appeals shall be based upon an error in fact, dispute of findings or inadequacy of conditions to mitigate potential project impacts, imposition of conditions not necessary to mitigate potential project impacts, or availability of alternatives that could reasonably mitigate potential project impacts or specific conditions.
3.
Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.
F.
Notice to Applicant. If the appellant is not the applicant, a copy of the appeal shall be sent to the applicant, via certified mail, return receipt requested, to the address listed on the application within seven days of its filing.
G.
Report and Scheduling of Hearing. When an appeal has been filed, the Community Development Director shall prepare a report on the matter and schedule the matter for consideration by the appropriate appeal body identified in Section 19.76.020(A), with notice provided in compliance with subsection (H). All appeals shall be considered in public hearings. The city may consolidate hearings on all timely filed appeal applications for the same project.
H.
Notice Requirements.
1.
Public notice for the hearing on appeal shall be provided in the same manner as required for the decision being appealed; except that, if posted notice was required for the hearing from which the appeal is taken, the minimum number of days required for posting notice of the appeal hearing shall be 10 days before the date of the hearing and notice shall be mailed to all persons who provide written or oral testimony at the public hearing and provide the city with their mailing address.
I.
Withdrawal of Appeal. Once filed, an appeal may only be withdrawn by a written request submitted to the Community Development Director, with the signatures of all persons who filed the appeal.
(Ord. 01-594 § 2, 2001; Ord. 02-643 § 64, 2003; Ord. 04-683 § 5, 2004; Ord. 19-1058 §§ 247 – 249, 2019; Ord. 24-16, 6/24/2024)
§ 19.76.040 Action on an Appeal.
A.
Action. At the hearing, the appeal body may only consider any issue involving or related to the matter that is the subject of the appeal, in addition to the specific grounds for the appeal, and shall conclude the proceedings with one of the following actions.
1.
Affirmation or Reversal. The appeal body may, by resolution, affirm, affirm in part, or reverse the action that is the subject of the appeal.
2.
Additional Conditions. When reviewing an appeal, the appeal body may adopt additional conditions of approval involving or related to the subject matter of the appeal.
3.
Referral. If new or different evidence is presented in the appeal, the Planning Commission or Council may, but shall not be required to, refer the matter back to the Community Development Director, Planning Commission, or HPC for further consideration. Any new evidence shall relate to the subject of the appeal.
B.
Deadlock Vote.
1.
By Planning Commission. In the event an appeal from an action of the Community Development Director results in a deadlock vote by the Planning Commission, the determination, interpreting decision, judgment, or similar action of the Community Development Director shall be reinstated, unless appealed to the Council.
2.
By Council. In the event that an appeal from an action of the Planning Commission results in a deadlock vote by the Council, the action of the Planning Commission shall become final.
C.
Effective Date of Decision. An action of the Community Development Director appealed to the Planning Commission shall not become effective unless and until final action by the Planning Commission. An action of the Planning Commission appealed to the Council shall not become effective unless and until final action by the Council.
(Ord. 01-594 § 2, 2001; Ord. 03-663 § 4, 2003; Ord. 19-1058 §§ 250, 251, 2019; Ord. 24-16, 6/24/2024)
§ 19.76.050 Reasonable Accommodation Permit Appeals.
Notwithstanding the provisions above, reasonable accommodation permits shall be appealed as follows:
A.
The decision of the Community Development Director on a reasonable accommodation permit may be appealed to the Planning Commission within 10 calendar days after the date the decision is rendered by the Community Development Director.
B.
The decision of the Planning Commission on a reasonable accommodation permit, or appeal thereof, may be appealed to the City Council within 10 calendar days after the date the decision is rendered by the Planning Commission.
C.
The appeal shall be made in writing including a statement of the grounds for appeal.
D.
The Planning Commission or the City Council, as applicable, shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than 60 calendar days after an appeal has been filed, unless good cause is found for an extension. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.
E.
The city shall provide notice of an appeal hearing to the applicant, the appellant if different, and any other person requesting notification at least 10 calendar days prior to the hearing. The appeal authority shall announce its findings no later than 60 days after the appeal has been filed, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The Council's action shall be final.
F.
If an individual needs assistance in filing an appeal on an adverse decision, the city shall provide assistance to ensure that the appeals process is accessible.
§ 19.78.010 Purpose.
This chapter provides procedures for the amendment of the General Plan, the Zoning Map, and this Zoning Ordinance, whenever required by public necessity and general welfare. A General Plan Amendment may include revisions to actions, goals, land use designations, policies, or text. Zoning Map amendments have the effect of rezoning property from one zoning district to another. Amendments to this Zoning Ordinance may modify any procedures, provisions, requirements, or standards, applicable to the development, or use of property within the city.
(Ord. 01-594 § 2, 2001)
§ 19.78.020 Application.
§ 19.78.030 Notice and Hearing.
Upon receipt of a complete application to amend the General Plan, the Zoning Map, or this Zoning Ordinance, or on initiation by Commission or Council, and following department review, public hearings shall be set before the Commission and Council. Notice of the hearings shall be given in compliance with Chapter 19.74 (Public Hearings and Notice).
(Ord. 01-594 § 2, 2001)
§ 19.78.040 Commission Action on Amendments.
The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed amendment, based on the findings contained in Section 19.78.060 (Findings). The recommendation shall be by resolution carried by the affirmative vote of the majority of the Commission. The resolution shall be transmitted to the Council within 40 days after its date of adoption.
(Ord. 01-594 § 2, 2001)
§ 19.78.050 Council Action on Amendments.
Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed amendment based on the findings contained in Section 19.78.060 (Findings).
If the Council proposes to adopt a substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with state law (Government Code Sections 65356 [General Plan Amendments] and 65857 [Zoning Map/Ordinance Amendments]). Failure of the Commission to report back to the Council within 45 days for General Plan amendments or 40 days for Zoning Map/Ordinance amendments after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the modification.
(Ord. 01-594 § 2, 2001)
§ 19.78.060 Findings.
An amendment to the General Plan, the Zoning Map, or this Zoning Ordinance may be approved only if the review authority first finds that the proposed amendment is consistent with the General Plan.
(Ord. 01-594 § 2, 2001)
§ 19.80.010 Purpose.
This chapter provides procedures intended to ensure compliance with the requirements of this Zoning Ordinance. Enforcement of the provisions of this Zoning Ordinance and any approvals granted by the city shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the city's planning efforts, and to protect the public health, safety, and welfare.
(Ord. 01-594 § 2, 2001)
§ 19.80.020 Responsibility for Enforcement.
The Departments of Public Works and Community Development shall be responsible for monitoring and enforcing the conditions and standards imposed on all land use entitlements granted by the city. Enforcement shall include the right to inspect properties and structures to ensure adequate compliance with the standards of this Zoning Ordinance. The term "Director" as used in this chapter refers to both the Director of Public Works and Community Development.
§ 19.80.030 Violations.
A.
Unlawful Use. Any use or structure that is established, operated, erected, moved, altered, enlarged, maintained, or allowed to exist or continue in a manner contrary to the provisions of this Zoning Ordinance, or any applicable condition of approval, is hereby declared to be unlawful, and shall be subject to the remedies and penalties identified in subsection (C), below, and the revocation procedures initiated in compliance with Section 19.80.060 (Revocations and Modifications).
B.
Stop Work Order. Any construction in violation of this Zoning Ordinance or any conditions imposed on a permit or entitlement shall be subject to the issuance of a "stop work order." Any violation of a stop work order is subject to the administrative remedies identified in West Hollywood Municipal Code Section 1.08.010.
C.
Penalties. A violation of any provision of this Zoning Ordinance, or any condition of a permit or entitlement granted under this Zoning Ordinance is subject to the administrative penalty provisions of Sections 1.08.030 through 1.08.070 of the West Hollywood Municipal Code. The city may recover costs associated with the abatement of violations of this Zoning Ordinance, in compliance with Section 19.80.090 (Recovery of Costs), below. In addition to all other remedies available under the Municipal Code and otherwise, the requirements of this Zoning Ordinance may be enforced by injunctive or declarative relief.
(Ord. 01-594 § 2, 2001)
§ 19.80.040 Remedies are Cumulative.
All remedies contained in this Zoning Ordinance for the handling of violations or enforcement of the provisions of this Zoning Ordinance shall be cumulative and not exclusive of any other applicable provisions of local, state, or federal law.
(Ord. 01-594 § 2, 2001)
§ 19.80.050 Inspection.
Every applicant seeking an application, permit, entitlement, or any other action in compliance with this Zoning Ordinance shall allow appropriate city officials access to any premises or property which is the subject of the application. If the permit or other action is approved, the owner or applicant shall allow appropriate city officials access to the premises to determine continued compliance with the approved permit and any conditions of approval.
Failure to allow inspection of an inaugurated use shall be grounds for revocation of any city-issued permit.
(Ord. 01-594 § 2, 2001)
§ 19.80.060 Revocations and Modifications.
A.
Purpose. This section provides procedures for securing revocation or modification of previously approved permits and entitlements.
B.
Hearings and Notice. The appropriate review authority shall hold a public hearing to revoke or modify a permit or entitlement granted in compliance with the provisions of this Zoning Ordinance.
1.
Notice shall be delivered in writing to the applicant and owner of the property for which the permit was granted at least 10 days before the public hearing (except for temporary use or special event permits, see following subsection (B)(2)).
2.
Notice of a revocation hearing for a temporary use or special event permit shall be delivered in writing to the applicant and owner of the property for which the permit was granted at least 24 hours before the public hearing.
3.
Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the County's current equalized assessment roll and to the project applicant, where the applicant is not the owner of the subject property.
C.
Permit Revocation. A land use permit or entitlement may be revoked by the review authority which originally approved the permit, if any one of the following findings can be made:
1.
The circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and welfare require the revocation;
2.
The permit was obtained in a fraudulent manner;
3.
One or more of the conditions of the permit have not been substantially fulfilled or have been violated;
4.
The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute; or
5.
The improvement or use allowed by the permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance, as determined by the review authority.
D.
Permit Modification. A land use permit and any of its conditions of approval may be modified by the review authority which originally approved the permit, without the consent of the property owner or operator, if the review authority determines that:
1.
The circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and welfare require the modification; or
2.
The conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit; or
3.
One or more conditions of the permit are in violation of any code, law, ordinance, regulation, or statute.
E.
Variance Revocation or Modification. A variance or modification may be revoked or modified by the review authority which originally approved the application, if any one of the following findings can be made.
1.
Findings for Revocation.
a.
Special circumstances applicable to the property upon which the variance was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has not substantially exercised the rights granted by the approval; or
b.
The permit was obtained in a fraudulent manner; or
c.
One or more of the conditions of the variance or modifications have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the approval.
2.
Findings for Modification.
a.
Special circumstances applicable to the property upon which the variance was granted have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made in a positive manner, and the grantee has substantially exercised the rights granted by the approval; or
b.
One or more of the conditions of the variance or modification have not been met, or have been violated, and the grantee has substantially exercised the rights granted by the approval; or
c.
The conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit.
F.
Reasonable Accommodation Permit Revocation or Modification. A reasonable accommodation may be revoked or modified by the review authority which originally approved the application, if any one of the following findings can be made.
1.
There has been a change in use or circumstances that negates the basis for the granting the reasonable accommodation permit; or
2.
The permit was obtained in a fraudulent manner; or
3.
Any of the conditions or terms of such reasonable accommodation permit are violated, or if any law or ordinance is violated in connection therewith.
(Ord. 01-594 § 2, 2001; Ord. 12-894 § 5, 2012)
§ 19.80.070 Initial Enforcement Action.
This section describes the procedures for initiating enforcement action in cases where the Director has determined that property within the City is being used, maintained, or allowed to exist in violation of the provisions of this Zoning Ordinance. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that other enforcement measures, provided by this section, may be avoided.
A.
Notice to Responsible Parties. The Director shall provide the record owner of the subject parcel and any person in possession or control of the parcel with a written Notice of Violation, which shall include the following information:
2.
Administrative Costs. A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violations, in compliance with Section 19.80.090 (Recovery of Costs), or initiate legal action as described in Section 19.80.080 (Legal Remedies); and
3.
Meet with the Director. A statement that the property owner may request and be provided a meeting with the Director to discuss possible methods and time limits for the correction of the violations.
B.
Time Limit for Correction. The Notice of Violation shall state that the violation shall be corrected within 10 days from the date printed on the notice to avoid further enforcement action by the City, unless the responsible party contacts the Director within that time to arrange for a longer period for correction. The Director may approve a time extension where it is determined that the responsible party will likely correct the violation within a reasonable time.
If the Director determines that the violation constitutes a hazard to public health or safety, or if deemed appropriate, the Director may require immediate corrective action.
C.
Use of Other Enforcement Procedures. The enforcement procedures of Section 19.80.080 (Legal Remedies) may be employed by the Director after or in conjunction with the provisions of this section where the Director determines that this section would be ineffective in securing the correction of the violation within a reasonable time.
(Ord. 01-594 § 2, 2001)
§ 19.80.080 Legal Remedies.
The City may choose to undertake any of the following legal actions to correct or abate nuisances or violations of this Zoning Ordinance.
A.
Criminal Actions.
1.
Injunction. At the request of the Council, on recommendation of the Director, the City Attorney may apply to a court of competent jurisdiction for injunctive relief to terminate a violation of this Zoning Ordinance.
2.
Abatement. Where any corporation, firm, partnership, or person fails to abate a violation after being provided a Notice of Violation in compliance with Section 19.80.070(A) (Notice to Responsible Parties), above, and the opportunity to correct or end the violation, the Council, on recommendation of the Director, may request the City Attorney to apply to a court of competent jurisdiction for an order authorizing the City to undertake actions necessary to abate the violation and require the violator to pay for the cost of the actions.
B.
Civil Remedies and Penalties.
1.
Civil Penalties. Any person who willfully violates the provisions of this Zoning Ordinance, or a permit issued in compliance with this Zoning Ordinance, shall be liable for a civil penalty not to exceed the maximum amount allowed by law for each day that the violation continues to exist.
2.
Costs and Damages. Any person violating any provisions of this Zoning Ordinance, or a permit issued in compliance with this Zoning Ordinance, shall be liable to the City for the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violations.
3.
Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including the following:
a.
Extent of Harm. The extent of harm caused by the conduct constituting a violation;
b.
Nature of the Conduct. The nature of the conduct;
c.
Length of Time. The length of time over which the conduct occurred;
d.
Defendant's Net Worth. The assets, liabilities, and net worth of the defendant, whether corporate or individual; and
e.
Corrective action. Any corrective action taken by defendant.
(Ord. 01-594 § 2, 2001)
§ 19.80.090 Recovery of Costs.
This section establishes procedures for the recovery of administrative costs (e.g., staff, legal), including staff time expended in the enforcement of the provisions of this Zoning Ordinance, not including staff time expended in processing any permit required to correct a violation. The intent of this section is to recover city administrative and legal costs reasonably related to the required enforcement actions.
A.
Record of Costs. The Community Development Department or the Department of Public Works shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this Zoning Ordinance, and shall recover the costs from the property owners, in compliance with this section. Staff time shall be calculated at an hourly rate established and revised from time to time by the Council.
B.
Notice. Upon investigation and a determination that a violation of any provisions of this Zoning Ordinance is found to exist, the Community Development Director shall notify the record owners or any person having possession or control of the property by certified mail, of the existence of the violation, the Director's intent to charge the property owner or any person having possession or control of the property for all administrative costs associated with enforcement, and of the person's right to a hearing on any objections they may have. The notice shall be in a form approved by the City Attorney.
C.
Summary of Costs and Notice. At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the owners or person having possession or control of the property by certified mail. The summary shall include a notice, in a form approved by the City Attorney, advising the responsible party of their right to request a hearing in compliance with subsection (D)(1), below, and that if no request for hearing is filed, the responsible party will be liable for the charges.
In the event that no request for hearing is timely filed or, after a hearing during which the Director affirms the validity of the costs, the property owner or person in control shall be liable to the city in the amount stated in the summary or any lesser amount determined by the Director. These costs shall be recoverable in a civil action in the name of the city, in a court of competent jurisdiction within the County.
D.
Request for Hearing on Costs. A property owner, or other person having possession or control of the subject property, who receives a summary of costs shall have the right to a hearing before the Director on their objections to the proposed costs.
1.
Request for Hearing. A request for hearing shall be filed with the department within 10 days of the service by certified mail, of the department's summary of costs, on a form provided by the department.
2.
Hearing. Within 30 days of the filing of the request, and on 10 days' written notice to the owner, the Director shall hold a hearing on the owner's objections and determine their validity.
3.
Validity of Costs. In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include the following:
a.
Whether the present owner created the violation;
b.
Whether there is a present ability to correct the violation;
c.
Whether the owner moved promptly to correct the violation;
d.
The degree of cooperation provided by the owner; and
e.
Whether reasonable minds can differ as to whether a violation exists.
§ 19.80.100 Additional Permit Processing Fees.
A person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves a structure without first obtaining a permit required by this Zoning Ordinance, or who allows such illegal conditions to continue, shall pay the additional permit processing fees established by the city's Fee Resolution for the correction of the violation, before being granted a permit for a use or structure on the subject parcel.
(Ord. 01-594 § 2, 2001)
§ 19.80.110 Reinspection Fees.
A.
Reinspection Fee. A reinspection fee shall be imposed on each person who receives a notice of violation, notice and order, or letter of correction of any provision of the Municipal Code, adopted Building Code, or state law. The fee amount shall be established by the city's Fee Resolution. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter.
The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made.
B.
Administrative Costs. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the law for less than 180 days, the violation shall be deemed a continuation of the original case and all inspections or reinspections, including the first inspection for the repeated offense, shall be charged a reinspection fee. This fee is intended to compensate for administrative costs for unnecessary city inspections, and not as a penalty for violating this Zoning Ordinance or the Municipal Code.
Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of the law, or costs incurred by the city for the abatement of a public nuisance.
(Ord. 01-594 § 2, 2001)
§ 19.80.120 Vacation Rentals.
Notwithstanding Section 19.80.070 (Initial Enforcement Action) and Section 19.80.080 (Legal Remedies), the following applies to enforcement of Section 19.36.331:
A.
Administrative Penalty. Any host who violates any provision of Section 19.36.331, any person other than a hosting platform who facilitates or attempts to facilitate a violation of Section 19.36.331, or a hosting platform that violates its obligations under Section 19.36.331(C), shall be subject to administrative fines and penalties pursuant to Chapter 1.08 of this Code.
B.
Criminal Penalty. Any host violating any provision of Section 19.36.331, any person other than a hosting platform who facilitates or attempts to facilitate a violation of Section 19.36.331, or a hosting platform that violates its obligations under Section 19.36.331(C), shall be guilty of a misdemeanor, which shall be punishable by a fine not exceeding $1,000, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.
C.
Any person convicted of violating any provision of Section 19.36.331 in a criminal case or found to be in violation of Section 19.36.331 in a civil or administrative case shall be ordered to reimburse the city and other participating law enforcement agencies their full investigative costs, pay all back transient occupancy tax.
D.
Any interested person may seek an injunction or other relief to prevent or remedy violations of Section 19.36.331. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney's fees.
E.
The city may issue and serve administrative subpoenas, in accordance with Chapter 1.40, as necessary to obtain specific information regarding vacation rental listings located in the city, including, but not limited to, The names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine compliance with Section 19.36.331. Any subpoena issued pursuant to this section shall not require the production of information sooner than 30 days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that 30-day period.
(Ord. 23-20 § 7, 2023; Ord. 24-33, 11/18/2024)