Appeal

An appeal must be filed within 14 calendar days of the decision (except that appeal of a Planning Commission recommendation against changing property from one land use classification to another must be appealed within 5 days LMC 6-226(a)(1)). For an appeal to be considered timely, all three (3) items below must be received by the City of Lafayette, Planning & Building Department by 5:00 PM Pacific Time 14 days following the decision.  If a decision is made at a public hearing on a Monday night (example March 1), the appeal period begins the following day on Tuesday (March 2) and ends at 5:00 PM on Monday two weeks later (March 15).  Weekends and holidays are included in the 14-day period, so plan accordingly.  

To file an appeal, submit the following to planner@lovelafayette.org: 

1. Standard Application Form – please fill it out to the best of your ability so we have pertinent information about what decision is being appealed and contact information for the appellant(s). Check the box for “appeal” and note the application number.
     
2. Written narrative - articulating the basis for the appeal and the reason(s) that the decision was improper or wrongly decided.
   
   
3. Appeal Fee - fees are set annually by City Council Resolution, generally when the budget is adopted. The fee schedule sets the appeal fee at 75% of application fee paid by the applicant.  If you have questions regarding what the fee would be for a specific application number, please contact the project planner noted on agenda and copy planner@lovelafayette.org. Please note that appeal fees are non-refundable once the appeal hearing body has rendered a decision on the appeal.  Until that time appellants can request a refund; the cost of staff time already spent on the appeal will be deducted and unspent funds can be refunded to the appellant(s).   
   
   The appeal fee may pay be paid by cash , check, or credit card.  Cash or check can be accepted at the City Offices. Credit card payment can be made at the City Offices or online via Square. Please advise on how you wish to pay at least one week prior to the appeal deadline and make an appointment with Michael Taylor (mtaylor@lovelafayette.org) to 1) submit payment at the City Offices, or 2) to receive  a custom link to pay online via Square.

Note that, as an appellant, it is your responsibility to ensure timely submittal of all materials and receipt by the City.  The City cannot guarantee against unforeseen technical issues such as internet service outage, power outage etc.  Email servers have size limits; the City's is currently 25MB per message.  File sharing through Google Drive, DropBox, or other services is an option.  With at least three business days notice, staff will make every effort to accommodate special needs or circumstances and provide alternative means and methods.  Since the City cannot provide any guarantees, appellants are advised to submit early, not wait until the last minute, and obtain written confirmation from the City that all items have been received and the appeal has been timely filed.  

 This page is summary guidance intended to assist members of the public considering an appeal.  At all times, the Lafayette Municipal Code governs and the public is directed to this resource at www.lovelafayette.org/LMC.