Long Beach Municipal Code Div. V Appeals

A. Authorization. Any aggrieved person may appeal a decision on any project that required a public hearing. Pursuant to Section 21.15.120, an Aggrieved person is any person who testified personally or through a representative at a public hearing; or who informed the staff of the Department of Development Services in writing prior to the hearing of an interest in the subject of a hearing.

B. Jurisdiction. The Planning Commission shall have jurisdiction on appeals of interpretations made pursuant to Section 21.10.045 and decisions issued by the Zoning Administrator and Site Plan Review Committee, and the City Council shall have jurisdiction on appeals from the Planning Commission as indicated in Table 21-1. Decisions lawfully appealable to the California Coastal Commission shall be appealed to that body.

C. Except as specified by this Code, decisions that are recommendations to the Planning Commission or to the City Council are not subject to appeal.

(ORD-19-0011 § 2, 2019; Ord. C-7326 § 5, 1995: Ord. C-6533 § 1 (part), 1988)

An appeal must be filed within ten (10) days after the decision for which a public hearing was required is made.

(Ord. C-6533 § 1 (part), 1988)

All appeals shall be filed with the Department of Planning and Building on a form provided by that Department.

(Ord. C-6533 § 1 (part), 1988)

A public hearing on an appeal shall be held:

A. In the case of appeals to the Planning Commission, within sixty (60) days of the date of filing of the appeal with the Department of Planning and Building; or

B. In the case of appeals to the City Council, within sixty (60) days of the receipt by the City Clerk from the Department of Planning and Building of the appeal filed with the Department.

C. The Director of Development Services may provide an extension of the period for an appeal to be adjudicated for up to ninety (90) days.

(ORD-19-0011 § 3, 2019; Ord. C-6533 § 1 (part), 1988)

All decisions on appeal shall address and be based upon the same conclusionary findings, if any, required to be made in the original decision from which the appeal is taken.

(Ord. C-6533 § 1 (part), 1988)

A. Decision Rendered. After a decision on an appeal has been made and required findings of fact have been adopted, that decision shall be considered final and no other appeals may be made except:

1. Projects located seaward of the appealable area boundary, as defined in Section 21.25.908 (Coastal Permit—Appealable Area) of this Title, may be appealed to the California Coastal Commission; and

2. Local coastal development permits regulated under the City's Oil Code may be appealed to the City Council.

B. No Appeal Filed. After the time for filing an appeal has expired and no appeal has been filed, all decisions shall be considered final, provided that required findings of fact have been adopted.

C. Local Coastal Development. Decisions on local coastal development permits seaward of the appealable area shall not be final until the procedures specified in Chapter 21.25 (Coastal Permit) are completed.

(Ord. C-6533 § 1 (part), 1988)

A. Appellants. Any person who appeared before the Board of Harbor Commissioners (the "Board") and objected to the Board's: (1) certification of an environmental impact report, (2) approval of a negative declaration or mitigated negative declaration, or (3) determination that a project is not subject to the California Environmental Quality Act ("CEQA") (collectively "environmental determinations"), may appeal that environmental determination to the City Council.

B. Time to File an Appeal. An appeal of an environmental determination by the Board ("appeal") must be filed within ten (10) business days after the environmental determination.

C. Filing Fee. No filing fee will be charged for an appeal.

D. Place to File. An appeal must be filed with the City Clerk.

E. Contents of Appeal. There is no required form for an appeal, but all appeals shall be in writing and shall contain the following information:

1. The name, address and telephone number of the person filing the appeal (the "appellant").

2. All grounds for the appeal, specifying in detail why the appellant contends that the environmental determination does not comply with CEQA.

3. Evidence that each ground for the appeal was submitted to the Board by the appellant or another person before the environmental determination.

4. All documentation the appellant relies on in support of the appeal.

F. Effect of an Appeal. The filing of an appeal will stay the effect of: (1) the environmental determination; (2) any project approval made pursuant to the environmental determination; and (3) any notice of determination; until the City Council renders a decision on the appeal.

G. Hearing on the Appeal. The City Clerk shall set a hearing on the appeal on the agenda of the City Council not more than sixty (60) days from the date the appeal is filed with the City Clerk.

H. Notice of Hearing. The City Clerk shall provide notice of the hearing to the appellant and to the board not less than ten (10) business days before the hearing.

I. Conduct of the Hearing. The appellant shall have an opportunity to present its grounds for contending that the environmental determination does not comply with CEQA and the harbor department shall have an equal opportunity for rebuttal. Any other interested persons shall be limited to three (3) minutes each to state their views on the appeal.

J. City Council Decision. Following the hearing, the City Council may either: (1) deny the appeal and affirm the environmental determination; or (2) grant the appeal, set aside the environmental determination and remand to the Board.

(ORD-06-0020 § 1, 2006)