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Bellflower City Zoning Code

CHAPTER 17

112 APPEALS

§ 17.112.010 Appeal to Commission.

Any order, requirement, decision, determination, interpretation or ruling made by the Planning Department in the administration or enforcement of this title may be appealed therefrom to the Planning Commission by any person aggrieved, or by any officer, board, department or bureau of the City. Such appeal shall be filed in the office of the Planning Commission and shall be filed within 10 days after the rendition in writing of the decision appealed from, or it shall be dismissed by the Commission. Such appeal shall be filed in writing, and must set forth specifically wherein there was error or abuse of discretion, and must set forth particulars wherein the request or application did not meet the provisions of this title. Upon hearing the appeal, the Commission shall consider the record, and such additional evidence as may be offered and may affirm, reverse or modify in whole or in part the order, requirement, decision, determination or interpretation appealed from or make and substitute such other additional decisions or determinations as it may find warranted under the provisions of this title.
(Prior code § 19-26(a))

§ 17.112.020 Appeal to Council.

Any order, requirement, decision, determination, interpretation or ruling made by the City Planning Commission in the administration or enforcement of this title may be appealed therefrom to the City Council by any person aggrieved, or by any officer, board, department or bureau of the City. The taking of an appeal stays proceedings in the matter appealed from until the determination of the appeal.
(Prior code § 19-26(b))

§ 17.112.030 Notice of Appeal-Form and Contents.

A. 
Notice of appeal shall be in writing and shall be filed in duplicate in the office of the City Clerk of the City of Bellflower upon forms provided. An appeal from any order, requirement, decision, determination or interpretation by the City Planning Commission in the administration or enforcement of the provisions of this title must set forth specifically wherein there was error or abuse of discretion.
B. 
An appeal from the rulings, decisions and determinations by the City Planning Commission denying or granting a Conditional Use Permit as under Chapter 17.96 must set forth the particulars wherein the application for said Conditional Use Permit did meet or did fail to meet, as the case may be, those specifications or standards set forth in Chapter 17.96 as being prerequisite to the granting of any Conditional Use Permit.
C. 
An appeal from the rulings, decisions and determinations by the City Planning Commission denying or granting a variance must set forth particulars wherein the application for a variance did meet or did fail to meet, as the case may be, those qualifications or standards set forth in Chapter 17.100 as being prerequisite to the granting of any variance.
D. 
An appeal from the denial or a zone change by the Planning Commission must set forth the particulars wherein the application for zone change did meet those qualifications set forth in Chapter 17.104 as being prerequisite to the granting of the zone change.
E. 
An appeal must be accompanied by the fee as required by Chapter 17.108.
(Prior code § 19-26(c))

§ 17.112.040 Time for Filing.

An appeal shall be filed within 10 days after the rendition in writing of the decision appealed from or it will be dismissed.
(Prior code § 19-26(d))

§ 17.112.050 Hearing Date-Notice.

Upon receipt of the notice of appeal from a Planning Commission matter, the City Council shall set the matter for hearing and give notice in the manner provided for in Chapter 17.108 and notify the appellant and the Planning Commission. Upon the Planning Commission's receipt of notice of appeal, the Secretary shall cause the complete file of the case to be transmitted to the City Council.
(Prior code § 19-26(e))

§ 17.112.060 Authority of City Council.

Upon hearing the appeal, the City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify in whole or in part, the order, requirement, decision, determination or interpretation appealed from, or make and substitute such other additional decisions or determination as it may find warranted under the provisions of this title. The City Council shall forthwith transmit a copy of the decision to the appellant and applicant and City Planning Commission.
(Prior code § 19-26(f))

§ 17.112.070 Hearing De Novo.

A. 
Any ruling, decision or determination of the City Planning Commission granting or denying a conditional use permit or variance may be ordered by the City Council to be set for hearing de novo before itself.
B. 
The order of the City Council setting such matter for hearing de novo before itself must be made within 10 days after the notice in writing, as set forth in this chapter, has been given of the decision of the Planning Commission granting or denying the Conditional Use Permit or variance.
C. 
In the event the City Council orders any hearing de novo, such hearing de novo shall be in the manner and method as set forth in Sections 17.112.050 and 17.112.060, and the City Council shall have the same rights, duties and powers as to said hearing de novo as are set forth in Section 17.112.060.
(Prior code § 19-26(g))