Council allows late appeal for small multifamily project, citing fairness concerns

The Loma Linda City Council voted to allow an applicant to file an untimely appeal of a planning commission decision on a proposed five-unit multifamily development after hearing staff history and council debate over precedent.

Planning staff Lorena (speaker 14) told council the applicant, Gani Anesh, submitted a preliminary development review for a five-unit project on a landlocked parcel and was informed that the site lacked code-compliant legal access. The planning commission affirmed staff—s determination in July; staff noted the municipal code provides a 10‑day window for appeals and that the applicant did not file within that period. Lorena said the code does not provide for late appeals and recommended denying the request because granting it could set a precedent.

Several councilmembers urged caution about creating a precedent that would encourage repeated late appeals; others said fairness and the council—s role in hearing contested matters warranted allowing the applicant to explain circumstances. One councilmember said he was learning new information and wanted to see the full case presented to the council rather than rely on staff summaries.

A motion to allow the applicant to file the late appeal and waive the expired 10‑day appeal period was made and seconded; the clerk recorded the vote and the motion carried. Council members who supported allowing the appeal said the applicant could still be required to resolve technical access issues with public works and fire before a final planning action.

Next steps: If allowed to proceed, the applicant will return with the merits of the project and staff will present the background, access options and any recommended conditions. If the applicant cannot correct legal access issues, staff indicated the applicant could reapply after one year under the code.

(Reporting note: statements in this story are drawn from the council meeting transcript.)