Diamond Bar Municipal Code Ch. 22.74 Appeals

This chapter provides procedures for the following:

(1) The council's review of a decision rendered by the commission; and

(2) The filing of an appeal of a decision rendered by the director, hearing officer, or commission.

(Ord. No. 02(1998), § 2, 11-3-98)

The council may choose to review a decision rendered by the commission. A member of the council may request the opportunity to discuss any decision rendered by the commission; however, a majority vote of the council is required to initiate an appeal of the commission's decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be set for hearing by the city clerk. The decision of the council on the appeal shall be final and shall become effective upon adoption of the resolution by the council.

(Ord. No. 02(1998), § 2, 11-3-98)

Determinations and actions that may be appealed, and the authority to act on an appeal shall be as follows:

(1) Director and hearing officer appeals. A decision rendered by the director or hearing officer may be appealed to the commission except that a decision by the director pursuant to section 22.42.135 related to small wireless facilities may be appealed to the city manager; and

(2) Commission appeals. A decision rendered by the commission may be appealed to the council.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2021), § III, 9-21-21)

(a) Timing and form of appeal. Appeals shall be submitted in writing and filed with the department or city clerk, as applicable, on a city application form, within ten days after the date the decision is rendered by the director or the adoption of the resolution by the hearing officer or commission. The appeal shall specifically state the pertinent facts of the case and the basis for the appeal. Appeals addressed to the commission or city manager shall be filed with the department, while appeals addressed to the council shall be filed with the city clerk. Appeals shall be accompanied by the filing fee set by the city's fee resolution.

(b) Report and scheduling of hearing. When an appeal has been filed, the director shall prepare a report on the matter, and schedule the matter for consideration by the appropriate appeal body identified in subsection (a), above. Appeals to the council shall appear on the council's soonest available, regularly scheduled, meeting agenda.

(c) Action. If the matter originally required a noticed public hearing, the department or city clerk, as applicable, shall notice the hearing in compliance with section 22.72.020 (Notice of hearing). At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.

(1) The appeal body may, by resolution, affirm, affirm in part, or reverse the action, the decision or determination that is the subject of the appeal.

(2) When reviewing an appeal, the appeal body may adopt additional conditions of approval, that may address other issues or concerns than the subject of the appeal.

(3) If new or different evidence is presented on appeal, the commission or council, may, but shall not be required to, refer the matter to the director, hearing officer, or commission for further consideration.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2021), § IV. 9-21-21)