Express demolition of problem properties heads to Planning Commission

The West Hollywood Planning Commission will hold a public hearing tonight to review and discuss a proposed Zone Text Amendment, which could lead to significant changes in how the city manages vacant properties that pose public safety risks.

The amendment introduces new guidelines for issuing demolition permits on vacant residential and commercial properties. The key difference under this amendment is that demolition permits could be granted even if the property has not yet secured other discretionary entitlements.

This shift would allow the city to address safety hazards created by vacant properties more efficiently. The amendment also includes a two-year sunset provision, meaning that after two years, City Council will revisit the changes to evaluate their impact and decide whether to make them permanent.

Currently, the city’s regulations for vacant properties are quite strict, reflecting West Hollywood’s commitment to maintaining its housing stock and preventing unnecessary destruction of properties. Vacant properties in the city are defined as those that have been left unoccupied, abandoned, or not undergoing active construction for more than 45 days.

When a property becomes vacant, it must be inspected by the city’s Code Enforcement Officers and classified into one of four categories based on its condition. These categories range from “Stable,” which refers to properties that are well-maintained and could easily be reoccupied, to “Failed,” a category reserved for properties that have fallen into significant disrepair and pose serious threats to the safety of the surrounding community.

Over the years, the city has introduced a variety of measures aimed at dealing with vacant properties, particularly those that are unsafe or in poor condition.

In 2019, West Hollywood’s City Council approved Ordinance No. 19-1090, which was a pivotal step in regulating how vacant properties are handled. This ordinance created several new chapters in the city’s municipal code that addressed public nuisance standards and laid out a framework for managing vacant properties.

It also established the Vacant Property Registration Program, which requires owners of vacant properties to register them with the city and undergo inspections. The ordinance further established guidelines for maintaining these properties and categorized them based on their condition. While the ordinance was an important step, vacant properties continued to be a source of concern, particularly as they began to be used by trespassers and became the site of various unsafe activities.

The issue came to a head earlier this year when City Council began receiving an increasing number of complaints from residents. These complaints primarily revolved around vacant properties being broken into, with trespassers using them for shelter or other activities. Community members expressed their concerns that the presence of these trespassers not only endangered their own safety but also put the entire neighborhood at risk. There were numerous calls to the West Hollywood Sheriff’s Station and the Los Angeles County Fire Department, as well as reports made to City Code Enforcement regarding fires, vandalism, and other dangerous activities at these properties.

Despite the growing number of incidents, the city’s current zoning laws made it difficult to take swift action to demolish these properties. Under the current rules, a building must be declared an imminent hazard by the city’s Building Official before a demolition permit can be issued. In many cases, vacant properties did not meet this strict standard but still posed clear threats to public safety, prompting the need for a more flexible approach.

The new amendment would provide a streamlined process for issuing demolition permits in cases where vacant properties pose an imminent risk to public safety. It would allow for demolition to proceed without requiring concurrent processing of all other discretionary permits, enabling the city to address the situation more promptly.

The proposed amendment introduces new language to Section 19.50.020 of the Municipal Code, detailing the specific circumstances under which demolition permits could be issued for vacant properties.

These include situations where there have been multiple confirmed calls for service to the West Hollywood Sheriff’s Station regarding trespassing or safety concerns, cases where the Los Angeles County Fire Department has determined that a fire on the property was caused by trespassers, or instances where property owners have failed to comply with the city’s requirements for securing vacant properties.

If a property is determined to be unsafe due to significant health or safety risks, it could also be subject to demolition under the new rules. The goal of the amendment is to give the city the flexibility to take action on properties that have become hazardous, without requiring them to go through the lengthy and complicated process currently in place.

In addition to these new guidelines for issuing demolition permits, the proposed amendment also includes specific protections for properties that are of historical or cultural significance. Under the amendment, properties that are designated as historic or are being considered for such a designation would not be eligible for demolition without going through the existing discretionary review process.

This ensures that the city’s commitment to preserving its historical and cultural landmarks is upheld, even as it moves to address safety concerns related to vacant properties.

Another key aspect of the proposed amendment is its provision for housing units that may be affected by the demolition of vacant properties. In cases where a vacant property contains housing units that are subject to affordability restrictions or are required by state law to be replaced, the new rules would ensure that those units are replaced in any future development on the site.

The property owner would be required to record a deed restriction detailing the requirements for replacing any affordable units before a demolition permit could be issued.

City Council’s decision to include a two-year sunset provision in the amendment is designed to allow time to assess the effectiveness of the new rules. By including this sunset provision, the city is giving itself the opportunity to reevaluate the policy after two years and determine whether it should be made permanent or if further revisions are needed. The goal is to ensure that the new rules are used appropriately and that they do not have any unintended negative consequences. If the policy proves effective, the City Council could choose to extend or make the changes permanent.

If the Planning Commission approves the resolution, it will move forward to the City Council for final approval. Should the amendment be adopted, it would mark a significant shift in how West Hollywood manages its vacant properties, giving the city the tools it needs to address public safety concerns more efficiently while still protecting its housing stock and historical landmarks.