Malibu Municipal Code § 13.20 Appeals

A. A decision or any portion of the decision made by the planning manager under the provisions of this chapter may be appealed to the planning commission by an aggrieved person as defined in Chapter 2 of the Malibu LIP (Definitions). Any decision made by the planning commission may be appealed by an aggrieved person to the city council.

B. Appeals shall be addressed to the appellate body on a form prescribed by such body, and shall state the basis of the appeal. An appeal shall be filed with the city clerk within ten (10) days following the date of action for which appeal is made. Appeals may be accompanied by the filing fee as specified by the city council, and shall be processed and noticed in the same manner as the original coastal development permit application.

C. A copy of the appeal shall be sent by the city to the applicant by certified mail and to the address listed on the application if it is different, within one week of its filing.

D. Upon receipt in proper form of an appeal, the appeal shall be set for the appropriate hearing body.

E. Public notice of an appeal hearing shall conform to the manner in which the original notice was given.

F. The planning commission and city council, respectively, may, upon the affirmative vote of a majority of its members, appeal a decision made by the manager or planning commission under the provisions of this chapter. There shall be no appeal fee for such an appeal brought by either the planning commission or the city council.

A. Within ten (10) working days of Coastal Commission receipt of the notice of final action, an appealable coastal development permit, as defined in Chapter 2 of the Malibu LIP (Definitions), may be appealed to the Coastal Commission by an aggrieved person who has exhausted local appeals or by any two members of the Coastal Commission.

B. For appealable coastal development permits as defined in Chapter 2 of the Malibu LIP (Definitions), an appellant shall be deemed to have exhausted local appeals and shall be qualified as an aggrieved person where the appellant has pursued his or her appeal to the appellate bodies identified in this Chapter. Exhaustion of all local appeals shall not be required if any of the following occur; however, no appeal shall be accepted by the Coastal Commission until a Notice of Final Action is received in accordance with Section 13.16.

1. The City requires an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone, in this Chapter.

2. An appellant was denied the right of the initial local appeal by a City ordinance which restricts the class of persons who may appeal a local decision.

3. An appellant was denied the right of local appeal because City notice and hearing procedures for the development did not comply with the provisions of this Chapter.

4. The City charges an appeal fee for the filing or processing of local appeals.

C. Where an appealable coastal development permit is appealed by any two (2) members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals; however, no appeal shall be filed until a Notice of Final Action is received by the Coastal Commission in accordance with Section 13.16. Provided, however, that the City may provide, by ordinance, that notice of Coastal Commissioner appeals may be transmitted to the City Council, and the appeal to the Coastal Commission may be suspended pending a decision on the merits by the City Council. If the decision of the City Council modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision.