If you challenge an agenda item in court, you may be limited to raising only those issues you or someone else raised at the public hearing agenized here, or in written correspondence on these matters delivered to this agency at or prior to the public hearing. If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, the petition for writ of mandate pursuant to that section must be filed no later than the 90th day following the date on which the City’s decision became final pursuant to California Code of Civil Procedure Section 1094.6. There may be other time limits which also affect your ability to seek judicial review.
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Home » Community Development » Planning Bureau » Appeals Procedure
Appeals Procedure
To appeal a decision on a project that required a public hearing, a person must:
- Establish "aggrieved" status.
- To establish aggrieved status, a person must present oral or written testimony at the public hearing of the project in question.
- Submit an Application for Appeal to Development Services (411 W. Ocean Blvd., 2nd Floor, Long Beach, CA 90802) within ten (10) calendar days after a decision is rendered.
Written testimony may be submitted to the deciding bodies as follows:
Cultural Heritage Commission
411 W. Ocean Blvd., 3rd Floor
Long Beach, CA 90802
Zoning Administrator Hearing Officer
411 W. Ocean Blvd., 3rd Floor
Long Beach, CA 90802
Planning Commission
411 W. Ocean Blvd, 3rd Floor
Long Beach, CA 90802
PlanningCommissioners@longbeach.gov
Cultural Heritage Commission
411 W. Ocean Blvd., 3rd Floor
Long Beach, CA 90802
Zoning Administrator Hearing Officer
411 W. Ocean Blvd., 3rd Floor
Long Beach, CA 90802
Planning Commission
411 W. Ocean Blvd, 3rd Floor
Long Beach, CA 90802
PlanningCommissioners@longbeach.gov
- The City Planning Commission shall have jurisdiction on appeals from the decisions of the Zoning Administrator and Cultural Heritage Commission.
- Any aggrieved person may appeal a decision on a project that required a public hearing.
- To establish “aggrieved” status (leading to a right to appeal), a person must present oral or written testimony at the project’s public hearing.
- An appeal must be filed within ten (10) calendar days after decision.
- An appeal shall be filed with Long Beach Development Services on a form provided by that Department.
- A public hearing on an appeal shall be held within sixty (60) calendar days after Long Beach Community Development receives a completed appeal form or after the City Clerk receives the appeal from the Long Beach Community Development. If necessary, the timeline for an appeal hearing may be extended to ninety (90) days. The project applicant may also waive their right to a speedy adjudication and further extend the period of time for the appeal to be heard.
- A notice of the public hearing on the appeal shall be mailed by Long Beach Development Services to the applicant, all persons entitled to mailed notice, and any known aggrieved person not less than fourteen (14) calendar days prior to the hearing.
- There shall be no further appeals after a decision on an appeal, except for appeals to the Coastal Commission for projects located seaward of the appealable area boundary and appeals to the City Council of local coastal development permits on developments regulated under the City’s Oil Code.
- You are hereby provided notice that the time within which judicial review of the herein reported decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
- The City Council shall have jurisdiction on appeals from the decisions of the Planning Commission.
- Any aggrieved person may appeal a decision on a project that required a public hearing.
- To establish “aggrieved” status (leading to a right to appeal), a person must present oral or written testimony at the project’s public hearing.
- An appeal must be filed within ten (10) calendar days after decision.
- An appeal shall be filed with Long Beach Development Services on a form provided by that Department.
- A public hearing on an appeal shall be held within sixty (60) calendar days after Long Beach Community Development receives a completed appeal form or after the City Clerk receives the appeal from the Long Beach Community Development. If necessary, the timeline for an appeal hearing may be extended to ninety (90) days. The project applicant may also waive their right to a speedy adjudication and further extend the period of time for the appeal to be heard.
- A notice of the public hearing on the appeal shall be mailed by Long Beach Development Services to the applicant, all persons entitled to mailed notice, and any known aggrieved person not less than fourteen (14) calendar days prior to the hearing.
- There shall be no further appeals after a decision on an appeal, except for appeals to the Coastal Commission for projects located seaward of the appealable area boundary and appeals to the City Council of local coastal development permits on developments regulated under the City’s Oil Code.
- You are hereby provided notice that the time within which judicial review of the herein reported decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
All actions on local coastal development permits seaward of the appealable area boundary may be appealed by any aggrieved person to the Coastal Commission according to the procedures of the Coastal Commission, provided that all local appeals have been exhausted and no fee was charged the appellant for such appeal, by filing such appeal at the Coastal Commission offices, 301 E. Ocean Blvd. Suite 300, Long Beach, CA 90802-4302.
Exhaustion of Administrative Remedies and Judicial Review
RESOURCES AND REFERENCES
- Application for Appeal: Required form to appeal a decision by the Site Plan Review Committee, Cultural Heritage Commission, Zoning Administrator, or Planning Commission
- Statutory Provisions for Appeal (LBMC Chapter 21.21)
- Statutory Provisions for Appeals re: Cultural Heritage Commission (LBMC 2.63.100)
Planning Information
M: | 7:30 AM - 4:30 PM |
T: | 7:30 AM - 4:30 PM |
W: | 8:30 AM - 4:30 PM |
TH: | 7:30 AM - 4:30 PM |
F: | 7:30 AM - 4:30 PM |
411 West Ocean Blvd., 3rd Floor
Long Beach, CA 90802
562.570.LBCD (5223)