Los Angeles Zoning Appeals Attorney

Los Angeles Zoning Appeals Lawyer

Zoning ordinances contribute to the growth of Los Angeles by acting as a blueprint. However, sometimes, the government controlling land use means having to ask permission for certain provisions or arguing a case for an exception. When an unfair zoning decision is made, you may be able to appeal the verdict to seek the results you need. With the help of a Los Angeles zoning appeals attorney, you can increase your chances of a favorable outcome.

At Blake & Ayaz, our team has a thorough understanding of zoning law, and we can help you achieve the results you desire. From helping you understand the complexities of the Los Angeles zoning ordinances to serving as your advocate and representation at public hearings, we can be there for you through the entire appeals process. We can ensure you have the confidence to address the challenges you are facing.

Why You Should Choose Blake & Ayaz as Your Zoning Appeal Legal Team

With nearly 100 years of combined legal experience in several different practice areas, including land use and zoning, the attorneys at Blake & Ayaz have the collective knowledge to address various legal issues for businesses and individual clients. We have long provided our services to clients in Los Angeles and other areas throughout southern California, building an excellent reputation in handling a variety of complex legal matters.

At Blake & Ayaz, we have a strong commitment to helping our clients find solutions that fit their needs. Our skilled professionals offer guidance, helpful legal advice, and invaluable representation. With an approach that is centered on the needs of the client, our priority is you and your interests. We understand how impactful zoning decisions can be on you or your business, and we’re poised to help you seek the most beneficial outcome.

Common Reasons to File a Zoning Appeal in Los Angeles, CA

In Los Angeles, there are many reasons why someone would make the decision to file a zoning appeal and challenge a zoning decision that has already been made. Businesses, developers, and individuals alike may be involved in a zoning case that saw an unfavorable outcome. Here are a few common reasons one would file an appeal:

• Development Permit Error. You can challenge the decision made by the local zoning authority to deny your development permit. If you believe an error was made in granting a development permit, you can appeal that decision as well.
• Zoning Classifications Disagreement. If there is a zoning classification assigned to your property that you don’t agree with, you can request to have the zoning changed by filing an appeal.
• Differing Zoning Code Interpretations. It is possible for a disagreement about the interpretation of a zoning code to lead to the filing of an appeal. While the zoning authority may say your use of the land does not comply with the zoning code, you may believe it does.
• Conditional Use Permit. If your request for a conditional use permit is denied, you are within your right to challenge that decision by filing an appeal.
• Zoning Variances and Exceptions. A request for a zoning variance or exception for any reason can easily be denied, but an appeal is a chance to have that decision reversed.

The first decision does not necessarily have to be the last. If you are seeking to file a zoning appeal, you should be aware of the requirements for your specific case. A defense lawyer who is familiar with the zoning laws in Los Angeles can answer any questions you might have and ensure the process goes as smoothly as possible.

What Is Zoning Law in California?

California zoning laws are not the same for every city, town, and county. Each one has adopted individual zoning ordinances for the regulation of land use in their respective jurisdictions. Some of these ordinances may be adopted to cater to a community’s specific needs and attributes. The California Zoning Law, from the California Government Code, directly addresses zoning in the state and allows local governments to implement zoning ordinances.

The California Zoning Law includes several important aspects; they are as follows:

• Zoning Authorization: All local governments, including cities, towns, and counties, are authorized to adopt and implement zoning laws and ordinances. With these ordinances, specific development standards are established, like land use regulations and zoning districts.
• Plans for Development: It is a requirement for all local jurisdictions to come up with a general plan that details their intentions regarding the development and use of the land. The zoning ordinance must always be consistent with the general plan, and any amendments to the general plan should also be amended to the zoning ordinance as soon as possible.
• Specified Zoning Districts: With zoning ordinances, land is divided into zones and districts such as residential, recreational, industrial, and commercial zones. Each district or zone has specific standards for development, and certain uses for the land are authorized.
• Conditional Use Permits: Local governments have the freedom to grant conditional use permits. This permit would authorize specified land uses in a certain zoning district that would not be allowed otherwise. The Los Angeles Municipal Code authorizes conditional use permits.
• Public Hearings: Oftentimes, zoning decisions are made at public hearings, whether they are development agreements, requests for conditional use permits, or requests for zone variances. These hearings may include the property owner and tenants. It is a requirement that notice is given to all parties that could be affected by the decision.
• Appeals: If there are disagreements regarding the zoning decisions that were made, an appeal can be filed.
• Zoning Variances and Exceptions: Under the Los Angeles Municipal Code, the zoning ordinance for the city of Los Angeles, a Zoning Administrator is authorized to grant a zone variance or exception if the zoning code could possibly create unnecessary difficulties or hardships.

Why Do I Need a Zoning Appeals Attorney?

Zoning can be a fairly complicated legal matter, especially since the laws and ordinances vary depending on the county, city, or town you are in. An attorney who has considerable knowledge of land use and zoning laws in your area can help you clearly understand your situation, including informing you of any potential complications that may arise or factors that could work in your favor.

The process of filing a zoning appeal can also be complex for someone who is unfamiliar with it. The process involves deadlines for filing, submitting specific documents, and public hearings. All of these things can be made simpler with an attorney to help guide you from start to finish and ensure everything is done correctly and on time.

Moreover, your chances of seeing a favorable outcome increase significantly with a legal professional in your corner. Whether you need someone to negotiate a solution on your behalf or someone to represent you in appeals court, an attorney can effectively advocate for your interests. The sooner you can consult with a zoning appeals attorney, the sooner you will understand the rights you have, determine if you have a strong case, and develop an effective strategy.

Who Decides the Outcome of Zoning Appeals?

When you file a zoning appeal, there are a few things you should be sure of to ensure your appeal gets to the appropriate body:

1. Make sure you are filing the proper paperwork from the Los Angeles Department of City Planning.
2. Make sure you are filing within the required 15-day timeframe. This is 15 days after the date that is on the initial letter of determination. There may be some exceptions to this date based on the process you have to complete. If the 15^th day falls on a weekend or holiday, there is an extension to the next business day.
3. Your appeal should state the issues you would like to address and why you believe the initial decision should be overturned.

If you do not file your appeal properly or in a timely manner, you risk the appeal not being accepted or considered by the appellate body.

The appeals procedure is established by the Los Angeles Municipal Code. It also establishes which appeals cases may be eligible to appeal to a higher appellate body. In Los Angeles, there are three appellate bodies that handle appeals. These are:

• The Area Planning Commission
• The City Planning Commission
• The City Council

Which appellate body handles a specific appeal case depends on which made the original decision. Generally, the Area Planning Commission will handle all appeals for decisions made by the Zoning Administrator and Director of Planning, requiring multiple approvals. However, if the City Planning Commission is required to hear the approvals, they will decide the appeals.

The City Council will decide all appeals for decisions made by the Are Planning Commission and the City Planning Commission. The City Council is the only appellate body that is able to make legislative decisions that will serve as a general rule for future cases.

The Zoning Appeals Process in Los Angeles

Usually, filing a zoning appeal in Los Angeles follows a specific order of events. If you are unsure of how to begin, there are dedicated attorneys who can help you and explain the specifics of the process.

Here is the general step-by-step process for filing an appeal:

1. File an application: The moment you file the zoning appeal application, the process officially begins. Your application is submitted to the Los Angeles Department of City Planning. During this time, there is to be no development of the project that is being addressed in the appeal until a decision is made.
2. Review of application: The Los Angeles Department of City Planning will review your application to make sure you have met the requirements necessary to move forward. You will have had to submit all of the documentation needed and have filed the application within the timeframe given.
3. Public notice of appeal: The next step would be to notify the public of the appeal. This is done when the appellate body, the decision maker, receives your appeal. When the appeal is made public, a hearing date is set, and any interested parties are allowed to take part in the process as well.
4. Public Hearing: A public hearing allows you, as the appellant, to argue your case. It also opens the floor to anyone else who may have an argument or those who may be affected by any of the potential decisions.
5. Decision: Once the public hearing has finished, the appellate body will come to a decision on the appeal. The decision could be to uphold the original verdict, either fully or partially, or to reverse the original decision fully or partially. The appellate body may then make its own decision regarding the matter or send it back to the original decision-maker to proceed further.
6. Appeal Conditions: Going forward, the appellate body can set conditions it decides are necessary to ensure your project complies with the standards it has given.
7. Legal Review: If you are still unhappy with the decision after the appeal, you may be able to appeal to the City Council or submit for legal review. This would once again be challenging the zoning decision but, this time, on legal grounds.

To make sure your appeal is filed properly, it is important to comply with deadlines, required documents, and any other procedures during the process. Having the assistance of a zoning appeal attorney could be invaluable in ensuring you complete every step correctly. They can also keep you up to date on the most accurate information for the appeals process in case of any changes.

Your Los Angeles Zoning Appeals Attorney

No matter your reason for filing a zoning appeal, your chances of success increase significantly with an experienced and knowledgeable attorney to guide you and advocate for your interests. If you are ready to begin the zoning appeals process and would like to know if you have a strong case, contact our team at Blake & Ayaz to schedule a consultation today. Our attorneys can offer you unparalleled legal advice and guidance during your appeals process.