Brea Municipal Code Ch. 20.424 Appeals

A. Except as otherwise specified, all decisions of the Director made under provisions of this title are appealable to the Planning Commission.

B. Except as otherwise specified, all decisions of the Planning Commission under provisions of this title are appealable to the City Council.

Any interested party is eligible to file an appeal on any zoning matter which is subject to appeal. (See: Cal. Gov't Code § 65856)

An appeal must be filed within ten (10) days after the date of action by the Planning Commission or within ten (10) days after the date of decision by the Director.

The filing of a timely appeal shall suspend the decision of the Director or the Planning Commission, as the case may be, until the final determination thereof or dismissal of the appeal by the appellant.

All appeals shall be in writing and, except for an appeal initiated by a City Council member, shall include:

A. Identification of the matter being appealed, including case number, property location, deciding officer or body, and decision date;

B. The specific aspect of the decision being appealed; and

C. The fee for an appeal, as established by resolution of the City Council.

A. All appeals on zoning matters shall be filed with the City Clerk together with any required appeal fee as set forth in the current schedule of fees adopted pursuant to § 20.400.070. The City Clerk shall cause the date and time of receipt of each appeal to be endorsed thereon.

B. If the information included with an appeal is found by the City Clerk to be deficient, the City Clerk shall notify the appellant by U.S. certified mail as to the particulars of the deficiencies. If such deficiencies are not corrected within ten (10) days of such notice, the appeal shall be deemed withdrawn.

Upon acceptance of an appeal, the City Clerk shall notify the Director, and the Director shall transmit to the appellate body a summary of factual data and a record of the action taken on the matter being appealed. Such information shall be before the appellate body prior to its consideration of the appeal.

Each appeal shall be considered de novo. Insofar as practicable, and unless otherwise provided in this title, the appellate body shall follow the same procedures and apply the same criteria as prescribed for the original proceeding on a matter. When a hearing is required or held, notice shall be given in the same manner as prescribed for hearing in the original proceeding; or, if no previous hearing was required, in such manner as deemed appropriate by the appellate body.

An appellate body may affirm, modify, or reverse the decision appealed from. The appellate decision shall be supported by written findings and, unless appealed as authorized hereunder, shall be final and conclusive.

Any irregularity in any procedure set forth in this title shall not invalidate the proceeding if there is compliance with the minimum requirements of state law. Notwithstanding the foregoing, failure to timely file an appeal or to pay the requisite fee therefor shall render the appeal null and void.

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