Hermosa Beach Municipal Code Ch. 2.52 Review of Administrative Decisions

Contents:

2.52.010 Review of administrative orders or decisions.

2.52.020 City council waiver of appeal fees.

2.52.030 Appeal fees.

2.52.040 City council review of decisions of the planning commission.

The Code of Civil Procedure, Section 1094.6, pertaining to the time limits for the judicial review of administrative orders or decisions, is made applicable to any person who seeks judicial review of such decision, pursuant to Code of Civil Procedure, Section 1094.5. (Prior code § 2-2.25)

In those instances where the city council, by resolution, determines it in the public interest to accept applications, appeals or petitions without the requisite filing fee, the city shall accept such applications, appeals or petitions through the city council subject to the requirements specified in said resolution. The city council, in making its determination as to whether to waive the required fee, shall only do so based on a finding of demonstrated financial hardship shown by the applicant, appellant or petitioner. In making its determination, the city council may waive all or part of the fee normally charged for the application, appeal or petition to the city council. (Prior code § 2-2.26)

Where the zoning ordinance or municipal code allows for an appeal to be filed with the city council on matters regarding land use, a fee, established pursuant to Chapter 2.64 shall accompany such an appeal. In addition to such an appeal fee, the appellant shall be responsible for providing any required public noticing and shall pay the direct cost of required newspaper ads. As used in this section "land use matters" includes zone variances, conditional use permits, tentative parcel and tract maps, precise plans and any other discretionary process by which land use is regulated. No fee shall be required for, and the city shall absorb costs associated with, city council initiated review of any decision of a subsidiary commission or board of the city. (Prior code § 2-2.27)

1. The city council may on its own initiative call up for review all actions of the planning commission.
2. The city council will conduct a hearing on the planning commission action if two councilmembers file a city council review form with the city clerk on or before the 15th day following the decision. For all review requests, it shall be assumed that the reason for the request is that the subject matter of the decision may have City-wide importance warranting review and determination by City's elected officials. Bias shall not be presumed or inferred due to a request for review. In the event the city council initiates such review, the planning commission's decision will be stayed until the city council completes its proceedings in accordance with the provisions of this section.
3. The city clerk shall develop and provide the written form and method by which councilmember(s) shall submit a request to call up a planning commission action for review.
4. Upon timely receipt of two city council review forms for the same planning commission action, the city clerk shall notify the project applicant of the city council's decision to review the action.
5. The city clerk shall schedule the review at a meeting within a reasonable time from the date the city council elects to initiate review.
6. The city council’s review shall be noticed in the same manner as the matter was noticed before the planning commission.
7. The council shall review the matter de novo and may uphold, reverse or otherwise modify the commission’s action, or remand the matter with direction back to the commission for further review.
8. The decision of the council, supported by findings, shall be set forth in full in a resolution. A copy of the decision shall be sent to the project applicant. The action of the council shall be final and conclusive. (Ord. 12-1331, §4, Jan. 2012; Prior code § 2-2.28)

(Ord. # 25-1491 §2, adopted 10/28/2025, effective 11/27/2025)

Effective on: 11/27/2025