Chapter 19.74 — PUBLIC HEARINGS AND NOTICE

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)

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

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City of West Hollywood, CA § 19.74.020

WEST HOLLYWOOD CODE

§ 19.74.020

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. The following guidelines apply to the composition of the signs required by this section. The signs shall:

     • (1) Comply with the following dimensional requirements:

       • (a) A minimum of 12 square feet in area;

       • (b) Minimum dimensions of three feet by four feet; and

       • (c) Height not to exceed eight feet;

     • (2) Be located not less than one foot nor more than 10 feet inside the property line. Signs may be attached to a building face at a zero setback.

   • 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

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City of West Hollywood, CA

ZONING ORDINANCE

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§ 19.74.040

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.

• H. Additional Notice. In addition to the methods of noticing required by subsection (B), above, the Community Development Director may provide any additional notice using any distribution method that the Community Development Director determines is necessary or desirable.

(Ord. 01-594 § 2, 2001; Ord. 04-683 § 5, 2004; Ord. 19-1058 §§ 239, 240, 2019; Ord. 24-16, 6/ 24/2024)

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. (Ord. 01-594 § 2, 2001; Ord. 01-610 § 5, 2001; Ord. 19-1058 § 241, 2019; Ord. 24-16, 6/24/ 2024)

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

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§ 19.74.080

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)

• 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.

• (Ord. 01-594 § 2, 2001; Ord. 19-1058 § 242, 2019; Ord. 24-16, 6/24/2024)

The decision of the Planning and Development Services Director or Planning Commission is final unless appealed in compliance with Chapter 19.76 (Appeals). (See Section 19.62.020 – Effective Date of Permits.)

(Ord. 01-594 § 2, 2001; Ord. 19-1058 § 243, 2019)

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)

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)

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City of West Hollywood, CA