![]() Abbott is a partner at Abbott & Kindermann, LLP. As the city council had no authority to hear this appeal, the appeal should be vacated thereby reinstating the Planning Commission’s decision. City of Thousand Oaks (1994) 30 Cal.App.4th 547 and Nasha v. This decision includes a thoughtful review of earlier key due process cases involving local land use proceedings: Breakzone Billiards v. In these circumstances, the combined effect of all of these factors led to an unacceptable probability of bias requiring that the city council’s decision be set aside. While the city claimed that the city had long employed an informal call up procedure for appeals by councilmembers, the appellate court found fault with the reasoning, holding that such procedures needed to be codified to meet due process and fairness standards. The councilman’s appeal did not follow these procedures. Appeals were allowed by interested persons, and necessitated the use of an approved form and payment of an appeal fee. The city’s adopted procedures were specific as to how an appeal was to be processed. Woody’s appealed.ĭid Woody’s get a fair shake or the legal shaft at city hall? The latter in the view of the appellate court. ![]() The trial court denied the writ and issued the preliminary injunction. The city filed a cross complaint to enjoin operations after 11:00 p.m. Woody’s filed for a writ of mandate to set aside the appeal and alleged a civil rights violation. The council’s action also reflected that there had previously been a number of appeals by councilmembers in the past which were acted upon by the city council, and these appeals followed similar informal steps as the appeal in Woody’s Wharf, and thus reflected city custom. The council, with one member abstaining and one recusing themselves, voted on Henn’s motion to reverse the planning commission decision. The councilman in question, based upon his previously prepared notes, led the charge to deny request permit. The appeal went forward to the city council where the permit applicant challenged the informal appeal and the ability of the city councilman to act upon his own appeal. The councilman did not file a formal appeal form and did not pay an appeal fee. Four days later, City Councilman Henn sent the city clerk an email making an “official request” for an appeal, indicating his belief that the use, as approved by the commission was inconsistent with existing and expected residential uses in the area and the City’s General Plan. The planning commission had granted a use permit to the restaurant permitting a patio cover, approval to stay open until 2:00 a.m., and indoor dancing. While formal court rules do not apply to local land use proceedings fundamental requirements for due process and fairness are part of land use decisionmaking as illustrated in Woody’s Group, Inc. Applicants with questions about access or requiring a reasonable accommodation for any part of the application or hiring process should contact USC Human Resources by phone at (213) 821-8100, or by email at Inquiries will be treated as confidential to the extent permitted by law.Woody’s Group, Inc. We provide reasonable accommodations to applicants and employees with disabilities. USC will consider for employment all qualified applicants with criminal histories in a manner consistent with the requirements of the Los Angeles Fair Chance Initiative for Hiring ordinance (PDF) opens in a new window. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status, disability, or any other characteristic protected by law or USC policy. USC is an equal opportunity, affirmative action employer.
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