Manhattan Beach Municipal Code Ch. 11.36 Appeals

To avoid results inconsistent with the purposes of this title, decisions of Community Development may be appealed to the Planning Commission, and decisions of the Planning Commission may be appealed to the City Council.

(§ 2, Ord. 1990, eff. December 3, 1998)

Rights of appeal apply to the chapters of this title authorizing each decision that is subject to appeal.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. Any appeal, except an appeal originating from the City Council, must be initiated in writing and filed with community development within fifteen (15) days from the date of the decision. The appeal period ends at the close of the business day for City Hall on the fifteenth day provided however that if the fifteenth day falls on a weekend or City holiday the appeal period shall be extended to the close of business on the next working day.

B. An appeal originating with the City Council must be made at or prior to the regularly scheduled City Council meeting when the decision is reviewed by the City Council.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. An appeal filed by the applicant or interested party may be initiated by delivering to Community Development a written notice of appeal and any required appeal fee. The notice of appeal shall specify the basis for the appeal.

B. The City Council may appeal any matter by requesting initiation of the appeal within the time limit set forth in Section 11.36.030.

C. Decisions that are appealed shall not become effective until the appeal has been resolved or withdrawn.

(§ 2, Ord. 1990, eff. December 3, 1998)

A. Appeal Hearing Date. An appeal shall be scheduled for a hearing before the appellate body within thirty (30) days of the City's receipt of an appeal unless both applicant and appellant consent to a later date.

B. Notice and Public Hearing. An appeal shall be heard at a public hearing only if the decision being appealed required a public hearing. Notice of such a public hearing shall be given in the same manner required for the decision being appealed.

C. Notice of Decision. The applicant and any appellant other than the applicant shall be notified in writing of the decision on the appeal and the basis for that decision.

D. Finality of Decision. The decision of the final appellate body shall be final.

(§ 2, Ord. 1990, eff. December 3, 1998)

A decision by the City Council regarding an appeal shall become final on the date the vote on the decision is taken. A decision by the Planning Commission regarding an appeal shall become final on the date the vote on the decision is taken, unless appealed to the City Council.

(§ 2, Ord. 1990, eff. December 3, 1998)

Following denial of an appeal, any matter that is the same or substantially the same shall not be considered by the same body within two (2) years, unless the denial is made without prejudice.

(§ 2, Ord. 1990, eff. December 3, 1998)