[Draft] Policy 1.8
Reference: [Add Resolution Amending Policy]
Section 1: Purpose
This policy establishes the City Council’s direction for managing the processing and consideration of appeals to the City Council that are made pursuant to Title 25 of the Laguna Beach Municipal Code. This policy is intended to achieve the following goals:
1. Create dedicated time for the City Council, acting in its quasi-judicial capacity, to focus on appeals outside of other City Council business.
2. Create certainty regarding hearing dates and eliminate the practice of continuances.
3. Create efficiencies to reduce staff time and costs and reduce the amount of City resources currently supplementing appeals fees.
Section 2: Policy
2.1 Appeals Day; Scheduling When Appeals Day is Unavailable a. Each calendar year, the City Council shall designate one special meeting each quarter, beginning at 1:00 p.m., dedicated to the consideration of appeals for Community Development entitlement projects (“Appeals Day”). The City Council will endeavor to set Appeals Days when creating its annual meeting calendar, but nothing herein shall prevent the City Council from later setting or amending such dates. b. No more than three (3) appeals shall be heard on any given Appeals Day. c. To ensure timely due process when either (i) an Appeals Day is already fully scheduled pursuant to Section 2.1(b), or (ii) when an appeal is filed that is in jeopardy of not being considered within 90 days in accordance with the Municipal Code, it may be necessary for an appeal to be heard at another City Council meeting. However, it is the desire of the City Council, whenever feasible, to consider each appeal at an Appeals Day.
2.2 Continuances
To ensure certainty and provide timely due process, the City shall not consider requests by parties to an appeal for either (i) continuances or (ii) an appeal to be heard at a certain City Council City Council Policy and Procedures Manual
Policy for Processing and Consideration
of Appeals to the City Council
Pursuant to Title 25 of the Laguna Beach Municipal Code 56 [Draft] Policy 1.8
meeting, except in the event of exceptional circumstances, as determined by the Community Development Director. Scheduling of appeals shall remain at staff discretion, consistent with this policy, to place appeals on the appropriate Appeals Day or, in limited cases as described in Section
2.1(c), on another City Council meeting agenda.
2.3 Publication of Appeal Staff Reports; Evidence Submission Deadline To provide the City Council, acting in its quasi-judicial role, adequate time to prepare for an appeal, the following deadlines shall apply:
a. Appeal staff reports shall be posted no later than two Thursdays prior to the Appeals Day or, in limited cases as described in Section 2.1(c), other City Council meeting agenda, as the case may be.
b. All new documentary evidence submitted in support of or in opposition to an appeal must be received by the City no later than 2:00 p.m. on the Thursday prior to the scheduled Appeals Day or in limited cases as described in Section 2.1(c), other City Council meeting, as the case may be.
2.4 Cost Recovery and Appeal Fee Refunds
Staff shall evaluate cost recovery for appeal fees annually and make recommended adjustments accordingly during the City’s annual budget adoption process. Additionally, in cases where the City Council finds an abuse of discretion in the lower decision-making body’s process, the Council may, by motion and vote, refund the appeal fee, in full or in part. This practice is intended to support fairness and consistent application of the City’s land use rules while discouraging frivolous appeals.
Section 3: Review and Updates
This Policy may from time-to-time be amended by the City Council at a noticed public meeting in open session as part of regular business, at the discretion of City Council in compliance with the Brown Act.
Adopted: [Add date of adoption]
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