Agoura Hills amends appeals process





By Stephanie Bertholdo
bertholdo@theacorn.com


The Agoura Hills City Council recently approved an ordinance to amend the city’s law regarding land-use appeals.


The former law allowed appellants to withdraw their appeals prior to a hearing. Now they cannot. The appeals process must go forward, even if the appellant wants to withdraw his appeal.


The revised law puts Agoura Hills more in line with ordinances in other cities, according to City Attorney Craig Steele.


The revised ordinance prevents someone from making an appeal––and then withdrawing it ––just to mislead other parties. Theoretically, an appellant (who was actually in favor of a developer) could make an appeal and then withdraw it as a pro-development tactic.


Moreover, the late withdrawal policy could have stymied other parties who chose not to appeal because somebody else was already doing so.


City Councilman Ed Corridori said, "(The ordinance) is a common-sense measure that closes a loophole."


Mayor Dan Kuperberg said fairness was at stake. If someone appealed a project that had already been approved by the city council and then withdrew his appeal, the door shouldn’t be shut for others, Kuperberg said.


Although political mischief wasn’t cited, the former policy created a potential loophole to manipulate the process, officials said. Council members talked about a possible scenario in which a developer would appeal his own project and then pull out at the last minute to frustrate others.


City Councilman Denis Weber, who wasn’t present when the new ordinance was first introduced, opposed it at last week’s second reading.


"I should have the right to change my mind," Weber said in a telephone interview, referring to anyone who files an appeal.


Project appeals are expensive. While it costs nothing for a city council member to appeal a project, when a private party does so, it can cost $800. Hypothetically, if a resident believes that somebody else has already filed an appeal, there’s a disincentive to file because the process takes time, effort and money.


All appeals must be filed within 15 days of the project’s being approved by the Agoura Hills Planning Commission. The former municipal code allowed appeals to be withdrawn after the 15-day period, which effectively closed the doors on additional appeals.


Weber said a revised law could have extended the time period (if an appellant withdrew) to allow other parties to file.


The new ordinance maintains the integrity of the process, said City Councilman Jeff Reinhardt.


Weber was the only member of the council to vote against the new ordinance. It passed, 4-1.



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