HomeMy WebLinkAboutCouncil Policy No. 100-08 - Planning Commission & Nuisance Abatement Appeals
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Appeal of Planning Commission Policy No. 100-8
and Nuisance Abatement Decisions Effective Date: 12/8/87
Revised: 9/12/06
Page No. 1 of 3
BACKGROUND
The Planning Commission of the City of Lake Elsinore is largely responsible for
development within the community, working with the professional planning staff and
acting as an advisory board to the City Council in matters relative to planning and land
use. The Commission evaluates proposals to assure they conform to the community’s
goals and general plan with regard to zoning, subdivisions, environmental protection and
other related matters.
Nuisance abatement proceedings are initiated by the Code Enforcement Officer and heard
by a Nuisance Abatement Board comprised of at least two hearing officers pursuant to
Section 8.18.060 of the Lake Elsinore Municipal Code.
PURPOSE
The purpose of this Policy No. 100-8 is to provide a standardized procedure for
consideration of appeals from Planning Commission and Nuisance Abatement Board
decisions.
POLICY
1. 1. Within fifteen (15) days of a decision of the Planning Commission and in
accordance with Section 17.80.02017.410.100 of the Lake Elsinore Municipal
Code, any person, including an applicant, may appeal that decision to the City
Council by filing an “APPEAL OF PLANNING COMMISSION ACTION”
with the City ClerkPlanning Division, and submitting such fee as has been
established by resolution of the City Council. Appeals must be filed on such
forms as provided by the office of the City Clerk. Forms are also available in
the Community Development Department.
2. A decision by the Nuisance Abatement Board may be appealed within fifteen (15)
days of such decision in accordance with the requirements of Section 8.18.100 of
the Lake Elsinore Municipal Code. Appeals must be filed in the Office of the
City Clerk on such forms as the City Clerk provides and must be accompanied by
such fee as has been established by resolution of the City Council.
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.75"
Commented [CA1]: 17.410.100 – “All appeals shall be filed in
writing to the Planning Division on a City appeal form with the
required processing fees.”
Commented [CA2]: Amend LEMC to file with City Clerk.
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Appeal of Planning Commission Policy No. 100-8
and Nuisance Abatement Decisions Page No. 2 of 3
3. Promptly upon receipt of an Appeal of a Planning Commission decision, the City
Clerk shall forward a copy to the Community Development Director. Promptly
upon receipt of an Appeal of a Nuisance Abatement Board decision, the City
Clerk shall forward a copy to the Building and Safety Manager.
4. The City Clerk shall cause all Appeals to be scheduled for hearing by the City
Council within the time required by applicable provisions of The Lake Elsinore
Municipal Code, if any. If no time for hearing the Appeal is specified, the City
Clerk shall place the Appeal on the City Council agenda within thirty (30) days of
receipt of the Appeal or as soon thereafter as is reasonably possible.
5. The Community Development Director or Building and Safety Manager, as
applicable, shall prepare a report and supply background information regarding
Appeals for the appropriate Council Agenda. He or she will also be responsible
for notifying the appellant of the date the matter is scheduled for review by the
City Council and will present the Department findings, make recommendations
and answer any questions the Council may have.
6. All appellants may submit, in writing, his or her statement of facts and any other
relevant information he or she may desire to bring before the Council, to the City
Clerk, no later than one week prior to the hearing date, for inclusion in the
Council Agenda. All appellants may appear in person and present his or her case
to the Council at the hearing.
7. After presentations have been made and information reviewed, the City Council
shall, on motion, render a decision on the Appeal. The decision of the City
Council shall be the final administrative remedy.
8. Within ten (10) days after the Council hearing, the City Clerk shall notify the
appellant, in writing, of the decision of the City Council.
9. If an applicant does not utilize the aforementioned Appeal process within the
specified time period, the original decision of the Planning Commission or the
Nuisance Abatement Board shall be final.
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Appeal of Planning Commission Policy No. 100-8
and Nuisance Abatement Decisions Page No. 3 of 3
HISTORY
Adopted by Resolution No. 87-73 12/8/87
Amended by Resolution No. 2006-152 9/12/06