Chapter 21.88 — APPEALS

This chapter identifies the procedures for filing and processing an appeal of actions of approving authorities, consistent with California Government Code Section 65904. Where the appeal provisions of this chapter conflict with other provisions of the La Mirada Municipal Code, the appeal provisions of this chapter shall apply with regard to planning and zoning matters.

(Ord. 612 Exhibit A (part), 2008).

(a) Any person dissatisfied with an interpretation or action of the community development director or permit review board made pursuant to this article may appeal such action to the planning commission within ten business days from the date of the action. Similarly, any person dissatisfied with an interpretation or action of the planning commission or city manager made pursuant to this article may appeal such action to the city council within ten business days of the planning commission action. Actions by the city council are not subject to appeal. Table 21.82.020 identifies the appeal authority for each of the city's land use and development permits and actions. (b) In the event that city initiates an appeal, the city shall be exempt from the payment of fees. (Ord. 612 Exhibit A (part), 2008).

All appeals shall be submitted in writing, identifying the action being appealed and specifically stating the basis or grounds of the appeal. Appeals shall be filed within ten business days following the date of determination or action for which an appeal is made and shall be accompanied by a filing fee as established by city council resolution. Appeals shall be submitted to the city clerk. The filing of an appeal shall stay the issuance of subsequent permit(s) including, but not limited to, grading and building permits.

(Ord. 623 § 6, 2008; Ord. 612 Exhibit A (part), 2008).

Unless otherwise stated herein or agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within forty-five days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to noticing requirements of Chapter 21.86.

(Ord. 612 Exhibit A (part), 2008).

Each appeal shall be considered de novo (new), and the appeal authority may reverse, modify or affirm the decision in whole or in part. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may modify, delete, or add such conditions as it deems necessary. The appeal authority may also refer the matter back to the original approving authority for further action.

(Ord. 612 Exhibit A (part), 2008).