The purpose of this code is to provide minimum construction
management standards to safeguard the public health, safety, and general
welfare of the City of West Hollywood and to help transition residents
and businesses through the temporary disruption of major construction
projects by requiring, among other things, the owners of such projects
to communicate with the surrounding neighbors prior to and throughout
the construction period, and to modify their approach to such projects
by implementing appropriate mitigation measures in an attempt to avoid
or lessen potential impacts arising from the construction.
(Ord. 19-1088 § 4, 2019)
This chapter shall apply to all construction sites and development
projects in the City of West Hollywood.
(Ord. 19-1088 § 4, 2019)
"Building permit"
shall mean a demolition, building, grading, electrical, plumbing,
or mechanical permit issued by the City of West Hollywood in accordance
with the requirements of Title 13 of this code.
"Construction"
shall mean any activity that requires a building permit to
be obtained prior to taking place.
"Construction site"
shall mean any property in the City of West Hollywood where
minor or major construction has been approved to take place.
"Director"
shall mean the Director of Community Safety, or other designee
as designated by the City Manager.
"Major construction"
shall mean development or construction taking place pursuant
to an administrative permit, development permit, or conditional use
permit and active building permits.
"Minor construction"
shall mean development or construction activities taking
place pursuant to a zone clearance and active building permits.
(Ord. 19-1088 § 4, 2019; Ord. 24-08, 4/1/2024)
a. All
construction sites shall comply with the following requirements:
1. All
city approvals and permits shall be obtained prior to any construction
activity taking place.
2. Site
Maintenance. All construction sites shall be maintained in a manner
that is not injurious to the health, safety, or general welfare of
the community, including not creating negative aesthetic impacts.
A. All refuse, trash, debris shall be removed on a daily basis.
B. The street, parkways, and sidewalks immediately surrounding the project
site shall be maintained free of all trash and debris and swept every
day to ensure that no debris from construction enters the storm drain
system.
C. Construction materials shall not be stored in a manner that is unsafe,
unsightly, or negatively impacts the aesthetic appeal of the community.
D. Any landscaping in the front yard setback and parkway shall be maintained
throughout the course of construction.
E. The landscaping in the front yard setback and parkway shall be maintained
by an automatic irrigation system.
3. Parking.
Workers for a construction site shall not park on any street in West
Hollywood.
A. Workers shall park in off-street parking locations.
4. Noise. All construction work shall be performed in accordance with Chapter
9.08 of this code.
A. Deliveries, loading and unloading of materials or equipment, or the
cleaning and emptying of portable toilets, shall not take place prior
to 8:00 a.m. or after 7:00 p.m. without first obtaining an extended
hours construction permit.
B. To minimize the disturbance to the surrounding community, the motors
and engines for construction related vehicles and equipment shall
not be left idling and shall be turned off when not in use.
C. No amplified noise will be permitted.
5. Traffic
Control.
A. Construction vehicles shall not be staged in West Hollywood without
first obtaining the requisite encroachment permit from the City Engineer.
B. Construction vehicles shall not park or stand in a manner that prevents
entering or exiting neighboring properties.
C. Appropriate traffic control measures, including, but not limited
to, the use of flag men, shall be used to alleviate traffic congestion
caused by material delivery and loading or unloading.
6. Encroachments.
An encroachment permit shall be obtained if any portion of any street,
alley, or public right-of-way is used for any construction related
activities.
A. A separate permit is required for each activity or event.
B. Encroachment permits may be issued for the on-street parking spaces
on the same side of the street and immediately adjacent to the construction
site.
i. Notwithstanding subsection (a)(3) above, encroachment permits may
only be used for the temporary parking of the site superintendent
or their designee, deliveries, or other temporary purposes approved
by the City Engineer.
ii. The use of any portion of the public right-of-way outside of those
areas specifically approved by the City Engineer for parking, deliveries,
or other purposes is prohibited.
7. Only approved waste haulers shall be employed, unless otherwise allowed by Article
2 of Title
15 of this code.
8. All
building permits shall be kept on-site and posted in a conspicuous
location during all phases of demolition and construction.
9. Construction
shall be done in a manner that does not result in unnecessary disturbance
to the community.
10. Trash, waste, and debris shall not be thrown, left, deposited, or
stored on surrounding properties.
11. Pedestrian mobility shall not be obstructed during construction,
remodeling or demolition activities as required by the Building Code
and any other applicable law.
12. Adjoining public and private property shall be protected from debris,
dust, and damage or falling objects during construction, and if due
to the particular characteristics of the project and proximity to
neighboring property, may be required to provide a physical barrier
and or screening with a height of not less than fourteen feet at all
times as determined by the Director to prevent debris, dust, and falling
objects from disturbing or entering neighboring property.
13. Construction materials and equipment shall not be placed or stored
so as to obstruct access to fire hydrants, standpipes, fire or law
enforcement alarm boxes, catch basins or manholes, nor such material
or equipment be located with twenty feet of a street intersection,
or placed so as so obstruct normal observations of traffic signals.
14. The property owner, developer, general contractor, or the site superintendent
or their representative or designee shall be on-site at all times
when construction activities are taking place and shall be responsible
for ensuring that the applicable provisions of this code are adhered
to.
15.
Documentation shall be provided that adequate security is provided
by on-site security personnel, roaming security patrol, or some other
means such as proactive live remote video security surveillance monitoring;
and twenty-four-hour seven-day-a-week on-site or live remote video
security may be required as determined by the Director on construction
sites where there is evidence of intrusion by trespassers.
16.
All portable restrooms shall be secured with locks in accordance with Section
9.64.020(b)(9) of this Code when construction work has concluded on each day or when there is no construction work taking place.
b. Minor Construction Sites. In addition to the operating requirements of subsection
(a), all minor construction sites shall comply with the following:
1. Prior to obtaining building permits, all applicants for construction taking place pursuant to a zone clearance shall submit a minor construction mitigation plan pursuant to Section
19.42.040 of this code.
A. This plan shall be kept on site during all phases of construction
and shall be made available for review by any person.
2. Prior to commencement of work, a construction notification sign shall
be posted on the property where construction is to take place. This
sign shall be on a form provided by the Director. This sign shall
be posted at all entrances to the property and shall be plainly visible
from the public right-of-way. The sign shall remain in place and in
legible condition during the entirety of the project.
c. Major Construction Sites. In addition to the operating requirements of subsection
(a), all major construction sites shall comply with the following:
1. Pre-Construction
Requirements. For construction activities approved on or after January
1, 2020, the following documents shall be submitted prior to the issuance
of building permits:
A. A construction parking plan showing where the workers will park or
the means and methods used to get workers to and from the construction
site;
B. A haul route plan showing the routes that will be used for the delivery
of materials and equipment;
C. A construction schedule showing the approximate dates and duration
of the following construction activities:
ii. Any periods of planned vacancy,
vii. Mechanical, electrical, and plumbing,
2. Fences,
Gates, and Security. The property owner and/or the developer shall
ensure that the construction site is properly secured throughout the
duration of demolition, excavation, and construction phases.
A. Shall maintain secure fencing or barriers around the entirety of
the project to prevent unauthorized intrusion into the property.
i. A six foot high chain link fence with a mesh screen cover of a neutral
color (e.g. green) shall be placed around the entire perimeter of
the site where a six foot wall or barrier does not already exist.
(a) Ripped, damaged, or missing mesh shall be immediately repaired or
replaced.
ii. For commercial construction projects of ten thousand square feet or more and with at least seventy-five linear feet of one street-facing frontage, the construction fence shall comply with Section
19.20.240 of this code.
B. Unless otherwise approved by the Building Official or City Engineer,
the fence shall be placed on or adjacent to the property line on all
sides of the property. The side of the chain link fence facing the
street shall be set back two feet from any property line with a street
frontage.
C. A rolling gate shall be placed as an opening in the fence wherever
there is a driveway approach entering the lot. The size of the gate
shall not be larger in width than that of the driveway. The rolling
gate door shall not be of the swinging type.
D. Any construction fence or barricade surrounding the project shall
be maintained in a safe and aesthetically pleasing manner and shall
be kept free of posters, graffiti, artwork, or similar decoration
unless authorized as Art on Construction Fences.
E. All unauthorized postings/ graffiti shall be immediately removed
or painted over.
F. All fences and gates shall remain closed and locked when active construction
activities are not taking place.
G. Gates shall not open outward across the public right-of-way.
H.
A current Letter of Agency, authorizing the Los Angeles County
Sheriff's Department to act as an agent of the property owner to arrest
any unauthorized trespasser pursuant to California
Penal Code Section
602, shall be kept on file with the Los Angeles County Sheriff's Department,
West Hollywood Station, during all phases of demolition and construction.
3. Community
Outreach.
A. Property owners, developers, or their representatives shall engage
in community outreach during the entirety of the demolition, excavation,
and construction phase. Such outreach shall include the dissemination
of information regarding the status of the project and the short and
long term project schedule. This dissemination of information shall
take place no less frequently than monthly and may be distributed
via mail, posting on neighboring properties, or email or text message.
Proof of such outreach shall be made available to the city upon request.
i. Separate communication shall take place at least forty-eight hours
prior to any highly impactful events including, but not limited to,
power outages, road or sidewalk closures, extended hours work, or
particularly noisy events.
ii. Websites should be used to aid in providing information to the community
but shall not be the primary communication method.
4. Neighborhood
Meeting. No more than two weeks prior to the commencement of demolition
or construction activities, property owners, developers, or their
representatives shall hold a community meeting to address any questions
or concerns the neighbors may have about the day-today construction
activities and to collect the contact information for anyone that
may want to be notified of high impact activities. Proof of such outreach
shall be made available to the city upon request.
A. All properties on the block and any within one hundred feet of the
project shall be provided written notification of the meeting at least
one week prior to the meeting taking place.
5. To
ensure the smooth flow of traffic and to prevent unreasonable impacts
to the community, a haul route plan shall be submitted for review
and approval by the Engineering Division prior to the issuance of
building permits.
6. Environmental Protection. All applicable requirements under Chapter
15.56, including best management practices, shall be followed. The following additional requirements also apply.
A. No materials shall be stored or placed in the direction of or near
city storm drains. Storm drains shall be protected with city approved
sediment screens and maintained on a regular basis. All catch basin
inlets shall be protected with filter fabric with sandbags.
B. All required local, state, and federal permits shall be obtained
prior to the start of dewatering and shall be kept current during
the entire dewatering process. Any conditions contained within these
permits shall be strictly followed.
C. All persons employed at the site shall be educated about the causes
of storm water pollution and steps necessary to prevent exposure from
this project.
i. Educational and training material shall be kept on site throughout
the duration of demolition and construction activities.
D. Effective erosion control measures shall be employed throughout the
duration of construction to control water runoff and erosion. These
measured include, but are not limited to, the use of silt fencing
and sand bags around the perimeter of the project, or a washout rack
at the entrance of the project for heavy trucks and equipment, or
covering exposed piles of soil, debris and construction materials
with plastic sheeting in the event of inclement weather.
E. No fueling of vehicles will be allowed at the project site.
7. Construction
Signage. At least one week prior to the start of excavation and/or
construction activities, a sign shall be provided on the outside of
the fence along all street frontages of the construction site with
minimum dimensions of four feet by four feet, with lettering no less
than two inches in height on a contrasting background, visible and
readable from the public right-of-way stating the following:
B.
Name and phone number of project owner or owner's representative;
C.
Name and phone number of the general contractor and/or on-site
superintendent (both if not the same person);
D.
Anticipated start date and duration of the demolition/construction
activities;
E.
Construction hours:
i.
Monday through Friday 8:00 a.m. to 7:00 p.m.,
ii.
Saturday interior work only 8:00 a.m. to 7:00 p.m.,
iii. No construction activities on Sundays or holidays or other days unless approved temporarily in accordance with Chapter
9.08 of this Code;
F.
No equipment staging or start up, material deliveries, or personnel
arrivals before 8:00 a.m. Monday through Saturday;
G.
To report violations to the City of West Hollywood call the
Code Enforcement Complaint Line at (323) 848-6516.
8. In
addition to the sign requirement in subsection (c)(7) above, all residential
properties within one hundred feet of the site shall be individually
served written notification of the planned start date of construction
activities at least one week prior to the activities commencing.
(Ord. 19-1088 § 4, 2019; Ord. 20-1114 § 3, 2020; Ord. 24-08, 4/1/2024)
The City Manager or designee may waive or modify any of these
requirements if the requirement creates a demonstrable hardship and
it is determined that granting such a waiver will not risk the health,
safety, or general welfare of the community.
(Ord. 19-1088 § 4, 2019)
The property owner, developer, and contractor shall be jointly and severally liable for violations of this chapter. Violations of this chapter are subject to the administrative penalty provisions of Chapter
1.08 of this code.
(Ord. 19-1088 § 4, 2019)