The purpose of this chapter is to establish uniform regulations for appealing decisions made by city officials, boards, and commissions. Those boards and commissions that serve in an advisory role, such as the recreation and parks commission, unless specifically provided in this code or by applicable law, the city council will render the city's final decision for purpose of judicial review. Consequently, except as otherwise provided in this code or applicable law, this chapter will regulate all appeals set forth in this code.
(Ord. 2132 § 2, 2016; Ord. 2190 § 6, 2020)
(a) 
Building Official; Fire Marshal. Decisions made by the building official or fire marshal in accordance with the uniform codes adopted by reference by this code may be appealed to the board of appeals pursuant to the uniform administrative code or building code as amended by Title 16 to this code.
(b) 
City Manager. Decisions made by the city manager may be appealed to the city council.
(c) 
Department Director Decisions. Except as otherwise provided by this chapter, decisions rendered by department directors in accordance with this code may be administratively appealed to the city manager, or designee.
(d) 
Economic and Community Development Director. Decisions made by the economic and community development director and city planner in accordance with Title 21 of this code may be appealed to the planning commission.
(e) 
Planning Commission. Decisions made by the planning commission may be appealed to the city council.
(Ord. 2132 § 2, 2016; Ord. 2262, 6/4/2025)
All appeals must be filed within ten calendar days of the date of the rendering of the decision. If the tenth day occurs on a holiday or weekend, the appeal period is extended to the next city workday. No appeal can be accepted after the appeal period expires.
(Ord. 2132 § 2, 2016)
The timely filing of an effective appeal stays a decision to which the appeal or order of review relates, pending a review of the matter.
(Ord. 2132 § 2, 2016)
(a) 
All appeals must be submitted in writing on a form to be provided by the city. The appeal must specifically state the grounds for the appeal and specifically state instances in which the reviewing official or body erred in reaching the determination.
(b) 
An appeal fee must be paid concurrent with filing of the appeal in accordance with the fee schedule established by city council resolution.
(Ord. 2132 § 2, 2016)
“Board of appeals” means the planning commission and includes the “housing appeals board” and “local appeals board,” as identified in California Building Standards Code §§ 1.8.8.1, 1.8.8.2, and 113. Except as otherwise provided by this code or city council resolution, board of appeals decisions are final. Any appeal must be perfected in accordance with Code of Civil Procedure § 1094.6.
(Ord. 2273, 2/4/2026)
Appeals must be filed with the planning commission secretary or the city clerk, as applicable. Within fourteen calendar days after receiving an appeal, the planning commission secretary or city clerk, as applicable, must set the matter for public hearing. No appeal may be withdrawn except by the appealing party; no refund of the filing fee is permitted in case of withdrawal and the appeal is deemed null and void.
(Ord. 2132 § 2, 2016)
The city council, by motion at a city council meeting, carried by at least three votes (or the written appeal of any two council members) made at any time before the effective date of a decision, may appeal to itself any decision on an application governed by this code. A public hearing considering such an appeal will be a de novo proceeding.
(Ord. 2132 § 2, 2016)
Appeals will be considered at a noticed public hearing. Evidence submitted at the hearing may include, without limitation, witness testimony, documents, or other similar evidence. Formal rules of evidence do not apply. Any evidence proffered, however, must be relevant and material to the issues upon appeal. All actions to affirm, reverse, or modify in whole or part any decision must be in writing and state the findings for the affirmation, reversal, or modification. Unless otherwise provided by law, any decision by the city council will be final and conclusive. The city council's decision must include notification that pursuant to Code of Civil Procedure Section 1094.6, any action to review the decision must commence not later than the ninetieth day after the date the order is issued.
(Ord. 2132 § 2, 2016)
(a) 
For public hearings considering an appeal, the public hearing must be held within sixty days from the date the appeal was filed.
(b) 
Notice of the time and place of public hearings must be given at least ten calendar days before the public hearing. Such notice must include a general description of the appeal.
(c) 
Notice of any public hearing considering an appeal must be published at least once in a newspaper of general circulation, published and circulated in the city of Monterey Park.
(d) 
Notice of any public hearing considering an appeal involving real property must be:
(1) 
Mailed or delivered to all persons including businesses, corporations, or other public or private entities owning real property within a radius of three hundred feet of the exterior boundaries of the real property which is the subject of the appeal as such owners and their addresses are shown on the current assessment roll of the Los Angeles County assessor;
(2) 
Published at least once in a newspaper of general circulation, published and circulated in the city; and
(3) 
Posted in conspicuous places on the real property affected.
(e) 
When notice of a public hearing is given pursuant to this chapter, the following documentation is deemed sufficient to serve as proof that such notice was given:
(1) 
Publication. When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made.
(2) 
Mailing. When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery must be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to which the mailing/delivery was made. Failure to send notice to any property owner whose address is not on the most recent roll of the Los Angeles County assessor does not invalidate any of the proceedings.
(3) 
Site Sign Posting. When notice is posted on a property, an affidavit certifying that a notice of public hearing sign was posted on the project site must be completed at least eleven days before the date of the public hearing. The affidavit must also include a picture of the sign with each date change.
(f) 
Failure to send notice to any property owner whose address is not on the most recent roll of the Los Angeles County assessor does not invalidate any of the proceedings.
(Ord. 2132 § 2, 2016)
Any person who is aggrieved by a decision on the city's behalf pursuant to this code, and who has exhausted the administrative remedies provided in this code or any other applicable law, has the right to seek judicial review of such decision by filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5. Notwithstanding the time limits set forth in this chapter, where a shorter time limitation is provided by any other law including, without limitation, the time limitation set forth in Public Resources Code Section 30800, et seq., and in Government Code Section 53069.4, such shorter time limit applies.
(Ord. 2132 § 2, 2016)