This chapter provides procedures for filing appeals of decisions
rendered by the Planning and Development Services 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)
A. General Appeals.
1. Planning
and Development Services Director Decisions. Any decision on a discretionary
permit rendered by the Planning and Development Services Director
may be appealed to the Planning Commission, except that a decision
regarding an adult business shall be appealed directly to the Council.
Any decision by the Planning and Development Services Director on
a ministerial permit (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 Planning and Development Services
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 Planning and Development Services 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 Planning and Development Services 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)
A. Timing and Form of Appeal.
1. Appeals, other than Planning Commission or Council review, shall be submitted in writing and filed with the Planning and Development Services Department or City Clerk, as applicable, on a city application form, within 10 days after the date the decision is rendered by the Planning and Development Services Director or Planning Commission, or within 10 days after a 72-hour period after the 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 Planning and Development Services 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 Planning and Development
Services 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)
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 Planning and Development Services 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
Planning Director results in a deadlock vote by the Planning Commission,
the determination, interpreting decision, judgment, or similar action
of the Planning and Development Services 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 Planning and
Development Services 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)
Notwithstanding the provisions above, reasonable accommodation
permits shall be appealed as follows:
A. The
decision of the Planning and Development Services 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 Planning
and Development Services 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)