Bell Municipal Code Ch. 2.100 Appeals

A. Except as specifically provided by this code or other ordinances, all appeals to the city council from final decisions made by the planning commission shall be made in accordance with this chapter.

B. Except as specifically provided by this code or other ordinances, all appeals from decisions made by the director of community development, or director of public works, or other officer of the city, where such decisions are made pursuant to a provision of the Bell Municipal Code ("code") expressly providing a right of appeal from such decision, shall be made in accordance with this chapter.

C. This chapter shall supersede all appeals procedures, enacted prior to the ordinance codified in this chapter, set forth in the code pertaining to appeals.

(Ord. 1215 § 2, 2016)

As used in this chapter, the following terms shall be defined as follows:

"Aggrieved person"

means:

Any applicant who has been denied a permit or license or who has been granted a permit or license subject to conditions by any administrative officer or agency of the city, where such denial or grant is otherwise appealable.

Any person who was entitled to notice of the application by another for permit or license, whether or not such notice was actually given, and who is dissatisfied that the permit or license was granted with or without conditions, where such grant is otherwise appealable.

Any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from.

"Appellant"

means an aggrieved person directly affected by an action, who files an appeal. A person who is aggrieved by the denial to him or her of a permit or license or the grant to him or her of such permit or license with conditions, or whose personal or property right was the subject of the action appealed from, shall be designated "appellant."

"City council"

shall mean the city council of the City of Bell.

"Director"

shall mean the director of community development of the City of Bell, or director of any other department of city when their decisions are subject to appeal.

"Hearing body"

shall mean the body hearing the appeal pursuant to this chapter, either the planning commission or the city council.

"Initial reviewing body"

shall mean whichever body first heard and made a final decision upon the subject application prior to the filing of an appeal pursuant to this chapter. As used in this chapter, the "hearing body" shall be either the director of community development or the planning commission.

"Intervenor"

means a person aggrieved by the grant of a permit or license to another, or who was entitled by law to notice of the action taken, who seeks to be heard concerning such person's interest in an appeal. A person who is aggrieved by the grant with or without conditions of a permit or license to another, or who was entitled by law to receive notice of the application for permit or license whether or not such notice was actually given, shall be designated "intervenor."

"Planning commission"

shall mean the planning commission of the City of Bell.

"Respondent"

means the administrative officer or agency which took the action appealed from, and any other administrative officer or agency named as respondent in an appeal. Unless the appeal names some other respondent, the administrative officer or administrative agency which took the action or made the decision appealed from shall be designated "respondent."

(Ord. 1215 § 2, 2016)

A. When the director issues a decision pursuant to a provision of the code expressly providing for a right of appeal from such decision, the director's decision shall be final and conclusive as of the date the director issues the same, unless, on or before the fifteenth (15th) consecutive day thereafter, a written appeal is filed in compliance with this chapter.

B. When a decision by the planning commission constitutes a final decision, as set forth in this code or other applicable law, that decision shall be final and conclusive as of the date the planning commission adopts the same, unless, on or before the fifteenth (15th) consecutive day thereafter, a written appeal is filed in compliance with this chapter.

C. The time period for appeal shall not commence until a copy of the decision is served in writing upon the applicant. Service shall be in the same manner as Section 2.100.130.

D. No appeal filed under subsections A and B shall be effective for any purpose unless it is timely filed and unless a filing and processing fee is paid in connection therewith in an amount as set by resolution of the city council, as may be amended from time to time.

(Ord. 1215 § 2, 2016)

A. Following a decision of the director, as such decision is defined in Sections 2.100.020(B) and 2.100.030(A), the applicant, or any interested person may appeal such decision in writing to the planning commission before the director's decision becomes final and conclusive pursuant to Section 2.100.030 of this chapter. The planning commission's decision on appeal pursuant to this subsection A shall be final and conclusive as of the date the planning commission adopts the same, unless, on or before the fifteenth (15th) consecutive day thereafter, the decision is appealed to the city council in compliance with this chapter.

B. Following any final decision of the planning commission, as set forth in this code or other applicable law, the applicant or any interested person may appeal such decision in writing to the city council before the planning commission's decision becomes final and conclusive pursuant to Section 2.100.030(B) of this chapter.

C. All appeal applications, except for an appeal application filed by a member of the city council, must state specific grounds for the appeal.

D. Any aggrieved person shall file with the city clerk a written notice of appeal which sets forth the aggrieved person's full name and mailing address, the specific action appealed from, the grounds for the appeal, and the relief sought; and paying to the city clerk such fee as the city council may establish by resolution.

(Ord. 1215 § 2, 2016)

Any member of the city council of the City of Bell may initiate the city council's review of any final decision of the planning commission not otherwise before said city council by giving notice thereof to the city clerk within the time for filing an appeal as prescribed by Section 2.100.030. Council members initiating the city council's review pursuant to this Section 2.100.050 are exempt from filing fees prescribed by Section 2.100.030(D) and should not state specific grounds for initiating such review.

(Ord. 1215 § 2, 2016)

Upon the timely filing of an appeal of a decision by the director of community development pursuant to this chapter, together with payment of the applicable fee, the director's decision shall be suspended. The appeal shall be filed with the city clerk. The clerk shall place the matter of the appeal upon the planning commission's next most convenient agenda for consideration by the planning commission. Hearings conducted pursuant to this chapter may be continued from time to time.

(Ord. 1215 § 2, 2016)

Upon the timely filing of an appeal of a decision by the planning commission pursuant to this chapter, together with payment of the applicable fee, the planning commission's decision shall be suspended. The appeal may be filed with the city clerk. The clerk shall place the matter of the appeal upon the city council's next most convenient agenda for consideration by the city council. Hearings conducted pursuant to this chapter may be continued from time to time.

(Ord. 1215 § 2, 2016)

A. Notices of the time and place of public hearings before the planning commission or the city council, on appeal, shall be delivered or given by United States mail, postage prepaid, addressed to: (1) the project applicant; (2) the owner of the subject property; (3) the appellant, if not one of the foregoing; and (4) the owners of all properties located within a radius of 300 feet (or 500 feet in the case of applications for uses involving the sale or consumption of alcoholic beverages) from the external boundaries of the property to which the appeal relates, addressed to such owners as shown on the latest equalized assessment roll of the County of Los Angeles, or from other records which contain more recent and accurate addresses.

B. Notices under this section shall be given at least 10 calendar days in advance of the date set for the hearing and shall contain the date, time and place of the hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing.

C. Pursuant to Government Code Section 65009, the notice shall also state the time period to challenge any decision of the city council.

(Ord. 1215 § 2, 2016)

At the time of hearing of the appeal by the city council, the appellant shall be limited in his or her presentation to the specific grounds for appeal set forth in his or her notice of appeal and shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. All parties shall have the right to be heard by the council either in person or by counsel. Technical rules of evidence shall not apply in proceedings under this chapter. No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the council.

(Ord. 1215 § 2, 2016)

The failure of the person or entity designated to receive notice pursuant to Section 2.100.080 and this chapter shall not constitute grounds for any court to invalidate the decisions of the planning commission or city council made pursuant to this chapter.

(Ord. 1215 § 2, 2016)

If appellant fails to appear, either in person or by counsel, at the appointed time and place for hearing, such failure to appear shall constitute sufficient grounds for denial of the appeal. Such denial for non-prosecution shall not affect the right of a cross-appellant, if any to proceed with a cross-appeal.

(Ord. 1215 § 2, 2016)

A councilmember is not disqualified from participation in hearing appeals, even when such councilmember initiates the city council's review of a planning commission decision, unless the councilmember has demonstrated unmistakable bias or animus or there is a conflict of interest under other applicable law.

(Ord. 1215 § 2, 2016)

The city clerk, upon notice that an appeal has been timely filed, shall transmit to the hearing body the initial reviewing body's complete record of the case. At the time of any hearing on an appeal pursuant to this chapter, the hearing body shall examine the application, the initial reviewing body's complete file and staff reports, and any other information presented to the initial reviewing body prior to such body making its decision. Although the reviewing body shall have the record of the prior proceeding, the hearing shall be considered de novo and the reviewing body shall consider not only the prior record but all new evidence and shall make its own record or findings, though it may incorporate evidence by reference. The hearing body shall then render its decision by considering the same criteria, and findings, as required of the initial reviewing body. In the alternative, the hearing body may, in its discretion and prior to its decision, refer the subject application back to the initial reviewing body for further report. When the city council refers the subject application back to the planning commission for further report, the city council may, in its discretion, require further public hearing before such commission.

(Ord. 1215 § 2, 2016)

Following a hearing on any appeal conducted pursuant to this chapter, the hearing body's determination shall be by resolution, adopted by not less than a majority of the total voting membership of the hearing body. The hearing body's determination shall be final and conclusive, except, in the case of an appeal to the planning commission from a decision by the director, the applicant or any interested person may appeal the planning commission's decision on appeal to the city council as provided in Section 2.100.040(B).

(Ord. 1215 § 2, 2016)

A. The city council shall render its decision within 30 days following the conclusion of the hearing of the appeal. Upon finding good cause to do so, the city council may extend the time for rendering its decision up to 30 days. The council by its decision may reverse, modify or affirm the administrative action taken.

B. No later than 10 calendar days following the adoption of a resolution pursuant to this chapter, a copy of the resolution shall be mailed by U.S. mail, postage prepaid, by the secretary of the city clerk to the applicant at his or her last known address as determined from records available to the director and to any other parties requesting such notice. In the alternative, the director may personally serve such persons with the resolution.

(Ord. 1215 § 2, 2016)

Without granting a rehearing, the city council may reopen and reconsider a decision at any time before the decision becomes final. A motion to reconsider may be made only by a member of the city council who voted on the prevailing side.

(Ord. 1215 § 2, 2016)