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)
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)
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.
4. 
Staff shall return the appeal if it:
a. 
Fails to specify a basis for the appeal; or
b. 
Fails to comply with subsection (E)(2).
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.
2. 
The content of the notice shall comply with Chapter 19.74 (Public Hearings and Notice).
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)
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)
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.
(Ord. 12-894 § 4, 2012; Ord. 19-1058 § 252, 2019; Ord. 24-16, 6/24/2024)