Rancho Palos Verdes Municipal Code Ch. 17.80 Hearing Notice and Appeal Procedures

The purpose of this chapter is to establish a procedure for appeals of decisions made pursuant to title 16 (Subdivisions) and this title.

(Code 1981, § 17.80.010; Ord. No. 320, § 7(part), 1997)

The filing of a notice of appeal pursuant to this chapter stays all activity on the project until a final decision on the appeal.

(Code 1981, § 17.80.020; Ord. No. 320, § 7(part), 1997)

A. Unless otherwise expressly provided in title 16 (Subdivisions) or this title, any decision made by the director pursuant to title 16 (Subdivisions) or this title may be appealed to the planning commission and any decision made by the planning commission or view restoration commission pursuant to title 16 (Subdivisions) or this title, with the exception of decisions described in subsection C of this section, may be appealed to the city council.

B. The director is designated as a zoning administrator pursuant to Government Code § 65900 with respect to these decisions which may be rendered by that officer or their designees pursuant to this title. When acting as a zoning administrator pursuant to this subsection B, the director shall exercise the authority conferred by this title and authorized by Government Code § 65901.

C. Any view assessment or trimming/removal determinations made by the director in association with the processing of applications by the public works department for the trimming or removal of city trees are not appealable to the planning commission since such public works department decisions are appealable to the city council pursuant to section 12.08.100 (Interference).

(Code 1981, § 17.80.030; Ord. No. 320, § 7(part), 1997; Ord. No. 575, § 8, 12-15-2015)

When notice of a decision is required to be given in accordance with the provisions of this section, the written notice shall:

A. Provide a general explanation of the decision;

B. Provide a general description of the property involved;

C. Inform recipients of the notice of the right of any interested person to appeal the decision to the planning commission or city council and explain how that right may be exercised; and

D. Be given by first class mail to:

1. The project applicant and property owner;

2. Any person who submitted written comments concerning the applicant's request;

3. Any person who has filed a written request with the city to receive such notice;

4. Any homeowner's association on file with the city that has jurisdiction over the subject property.

(Code 1981, § 17.80.040; Ord. No. 320, § 7(part), 1997)

A. Power to hear and decide. The planning commission shall have the power to hear and decide appeals of decisions of the director.

B. Filing of appeal. Unless otherwise specified in this code, any interested person may file an appeal of a director's decision with the planning commission, provided the appeal is filed in writing within 15 calendar days after the notice of the director's decision is issued and the appropriate fee, as established by resolution of the city council, is paid. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. The director's decision is final if not appealed to the planning commission within 15 calendar days.

C. Hearing and notice. The director shall set a hearing on the appeal within 90 days of the filing of the appeal, which shall be conducted as provided in section 17.80.060 (Action by planning commission) of this chapter. Notice of the hearing shall be given as specified in section 17.80.090 (Notice of hearing) of this chapter.

(Code 1981, § 17.80.050; Ord. No. 320, § 7(part), 1997; Ord. No. 508, § 6, 5-4-2010)

In conducting an appeal hearing, the planning commission may:

A. Approve an application upon finding that all applicable findings have been correctly made and all of provisions of title 16 (Subdivisions) and this title have been complied with;

B. Approve an application but impose additional or different conditions or guarantees as it deems necessary to fulfill the purposes of title 16 (Subdivisions) and this title;

C. Deny the application without prejudice upon a finding that all applicable findings have not been correctly made or all provisions of title 16 (Subdivisions) and this title have not been complied with but that, in either case, the application has merit and may possibly be modified to conform with the provisions of title 16 (Subdivisions) and this title;

D. Disapprove the application upon finding that all applicable findings cannot be made or all provisions of title 16 (Subdivisions) and title 17 (Zoning) of this Code have not been complied with; or

E. Refer the matter to the director with instructions.

(Code 1981, § 17.08.060; Ord. No. 320, § 7(part), 1997)

A. Appeal of a planning commission decision. Any interested person may file an appeal of a planning commission's decision to the city council, provided the appeal is filed in writing within 15 calendar days after final action by the planning commission and the appropriate fee, as established by resolution of the city council, is paid. The appeal shall set forth the grounds for appeal and any specific action being requested by the appellant. The planning commission's decision is final if no appeal is filed within 15 calendar days.

B. Notice of appeal. A notice of appeal shall be filed in writing with the city clerk or the director and shall set forth the grounds for the appeal and any specific action, being requested by the appellant.

C. Hearing date. The city manager or city clerk shall fix the time for hearing the appeal within 90 days of the filing of the appeal.

D. Notice. The city clerk or director shall notice the hearing as required by section 17.80.090 (Notice of hearing) of this chapter.

E. Record on appeal. All materials on file with the director shall be part of the city council appeal hearing record. In addition, any person may offer supplemental evidence during the appeal hearing.

F. De novo review. The city council appeal hearing is not limited to consideration of the materials presented to the planning commission. Any matter or evidence relating to the action on the application, regardless of the specific issue appealed, may be reviewed by the city council at the appeal hearing.

(Code 1981, § 17.80.070; Ord. No. 320, § 7(part), 1997; Ord. No. 508, § 6, 5-4-2010)

A. Decision. In conducting an appeal hearing, the city council may:

1. Approve the application upon finding that all applicable findings have been correctly made and all provisions of title 16 (Subdivisions) and this title are complied with;

2. Approve the application but impose additional or different conditions or guarantees as it deems necessary to fulfill the purposes of title 16 and this title;

3. Deny the application without prejudice, upon a finding that all applicable findings have not been correctly made or all provisions of title 16 and this title have not been complied with but that, in either case, the application has merit and may possibly be modified to conform with the provisions of title 16 and this title;

4. Disapprove the application upon finding that all applicable findings cannot be made or all provisions of title 16 and this title have not been complied with; or

5. Refer the matter to the planning commission with instructions.

B. Vote required. A simple majority of the city council members voting shall be required to overrule or modify a decision by the director and/or planning commission which is appealed, or to grant an appealed application where the director and/or commission has failed to act within the time permitted by law.

C. Effective date. A decision of the council sustaining, overruling or modifying any decision, determination or requirement of the planning commission shall be final and conclusive when rendered unless otherwise provided by the council in rules of procedure or elsewhere. In cases where the city council adopts a resolution memorializing the council's decision, final action shall be the adoption of the resolution.

(Code 1981, § 17.80.080; Ord. No. 320, § 7(part), 1997)

Unless another provision of this Code defines the notice required for a public hearing on an application or appeal, notice shall be provided as set forth in this section.

A. Time. Notice of public hearing shall be given at least 15 calendar days before the hearing date.

B. Content. A notice of hearing shall include:

1. The date, time and place of hearing;

2. The identity of the hearing body or officer;

3. A general explanation of the matter to be considered; and

4. The address or general location of the project site.

C. Publication. Notice shall be published in a newspaper of general circulation in the city. If no such newspaper exists when notice is required to be given, such notice shall be posted in at least three public places in the city designated by the city council.

D. Notice to owners of property within 500 feet.

1. Written notice shall be given to all owners of property within 500 feet of the external boundaries of the subject property. Such written notice shall be made by first class mail or personal delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within 500 feet of the external boundaries of the subject property.

2. In the event that the number of owners to whom notice would be sent pursuant to subsection (D)(1) of this section is greater than 1,000, as an alternative to such notice, notice may be given by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within the city.

E. Notice to persons requesting notice. In all cases, in addition to other notices, notice shall be given by first class mail to any person who has filed a written request with the city to receive notices of public hearings. Such a request may be submitted at any time and shall apply for the balance of the calendar year. A reasonable fee may be imposed on persons requesting such notice to recover the cost of such mailing.

F. Notice to affected homeowners' associations. In all cases, in addition to all other notices, notice shall be given by first class mail to any homeowners' association on file with the city that have jurisdiction over the subject property and any property located within 500 feet of the subject property.

G. Property owner. In all cases, in addition to other notices, notice shall be given by first class mail to the owner of the subject property and the applicant, if different from the owner.

(Code 1981, § 17.80.090; Ord. No. 320, § 7(part), 1997)

Nothing in this title 17 shall require the keeping of a verbatim hearing transcript where such a transcript is not otherwise required by law.

(Code 1981, § 17.80.100; Ord. No. 320, § 7(part), 1997)

Notwithstanding the application filing restrictions for a conditional use permit application (section 17.60.020(A)); variance application (section 17.64.020(A)); extreme slope permit application (section 17.76.060(C)(1)); special animal permit application (section 17.76.110(B)(1)); and a zone change/Code amendment petition (section 17.68.030(C)), a land use application that has been denied without prejudice on appeal may be refiled at any time. The refiled application must be accompanied by the standard filing fee, unless the fee is waived by the city council, pursuant to section 17.78.010 (Fee Waivers) of this title.

(Code 1981, § 17.80.110; Ord. No. 320, § 7(part), 1997)

All appeal fees shall be refunded to a successful appellant. An appellant is considered successful if a final decision is rendered granting their appeal. If an appeal results in a modification to the project, other than changes specifically requested in the appeal, then one-half of the appeal fee shall be refunded to the successful appellant.

(Code 1981, § 17.80.120; Ord. No. 320, § 7(part), 1997)

A commission's final decision on an application may be appealed by the city council in the following manner:

A. Any one city council member may contact the city manager and request that an item be placed on the next city council agenda so that the entire city council can consider whether to appeal a commission's decision on an application. The request from the council member must be made in writing within 15 calendar days of the commission's final decision on an application.

B. If an appeal request from a council member is received by the city manager, the appeal period for the city council shall be automatically extended by 30 additional calendar days. This extended appeal period shall apply only to city council appeals in order for the city council to determine whether to appeal the commission's decision.

C. An applicant or any other interested person may file an appeal with the city before or after an appeal request has been made by a council member, provided the appeal is filed within the standard 15-day appeal period. An applicant or any other interested party may not file an appeal during the city's extended 30-day appeal period.

D. The city council shall determine by a majority vote whether to appeal the commission's decision.

(Code 1981, § 17.80.130; Ord. No. 320, § 7(part), 1997; Ord. No. 340, § 8(part), 1998)