NEIGHBORHOOD COUNCIL APPEAL RIGHTS

WHEREAS:

Currently, Neighborhood Councils lack the legal right to appeal discretionary development approvals such as tentative tract map decisions, variances, and conditional use permits. As currently written, the appeals rights provisions of the Municipal Code undermine the important role that Neighborhood Council's play in the development process.

WHEREAS:

The City Attorney has taken the position that Neighborhood Councils cannot appeal because they are part of the City structure, even though they are only advisory in nature. However, the Los Angeles Municipal Code (LAMC) grants the right of appeal to city officials, including the Mayor and City Council members, as well as granting the Advisory Agency (Planning Department) the right to appeal tentative tract maps, an entitlement needed for larger condominium projects.

Virtually all development entitlements may be appealed through the administrative process by any interested or aggrieved parties – which includes individuals, businesses, homeowner associations and in some instances, City officials. Neighborhood Councils are unfairly excluded from this broad class of potential appellants.

The purpose of this resolution is to give Neighborhood Councils the same rights every other affected group of stakeholders has in this city, rights that many official, decision making city officials already also have.

THEREFORE:

• Be It Resolved, that the LANCC requests the Neighborhood Councils consider a process by which the LAMC is amended in order to give to Neighborhood Councils the right of appeal on planning and zoning matters.