Rosemead Municipal Code Ch. 17.160 Appeals and Requests for Review

The purpose of an appeal is to establish procedures for the initiation of a request for review of a decision rendered by the approval body with decision authority on the issue in question.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any discretionary action by the Planning Commission may be appealed to the City Council in compliance with the provisions of this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any discretionary action by the Community Development Director may be appealed to the Planning Commission in compliance with the provisions of this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A. Decisions, either with or without conditions, of an application before the Community Development Director shall be final unless within ten (10) days after the decision by the Community Development Director, the applicant or any other person aggrieved by such decision, shall appeal in writing to the Planning Commission by filing an appeal with the Community Development Department.

B. Decisions, either with or without conditions, of an application before the Planning Commission shall be final unless within ten (10) days after the decision by the Planning Commission, the applicant or any other person aggrieved by such decision, shall appeal in writing to the City Council by filing an appeal with the City Clerk.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A. Required Documents. An appeal shall be in writing and contain the grounds for the appeal, how the approval body failed to conform to the requirements of this Title and the description of the grounds.

B. Scope of Planning Permit Appeals. An appeal of a decision on a planning permit shall be limited to the issues raised at the public hearing, or in writing before the hearing, or information that was not known at the time of the decision that is being appealed.

C. The appeal shall be accompanied by a fee in the amount set by City Council resolution.

D. Report and Scheduling of Hearing.

1. Public Hearing Requirements. If the original approving action did not require a public hearing, the appeal review shall not require a public hearing. If the original approving action required a public hearing, the appeal review shall also require a public hearing.

2. When an appeal has been filed, a report shall be prepared on the matter, including all of the application materials in question, and the matter shall be scheduled for a public hearing by the appropriate review authority within forty (40) days of filing of the appeal.

3. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 17.156 (Public Hearings and Administrative Review).

4. Any interested party may appear and be heard regarding the appeal.

E. Decision.

1. During the appeal hearing, the issues that may be raised and considered by the review authority are not limited to those raised by the appellant, and may include any aspect of the proposed project, whether or not originally considered as part of the decision being appealed. The review authority may:

a. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this Zoning Code.

b. Adopt additional conditions of approval, which may address the issues or concerns other than the subject of the appeal.

2. If new or different evidence is presented on appeal, the Planning Commission or Council may refer the matter to the Community Development Director or Planning Commission, as applicable, for further consideration.

3. In the event of a tie vote by the review authority on an appeal, the decision being appealed shall stand.

4. Provision of notice of decision.

a. Following the final decision on an application for a permit or other approval required by this Zoning Code, the City shall provide notice of its final decision to the appellant, applicant, property owner/owner's representative, and to any person who specifically requested notice of the City's final action.

b. The notice of the final decision shall contain applicable findings, conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the City.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Any City Council person, based on his/her responsibility to the electorate, may file with the City Clerk a "Request for Review" (RFR) of any decision made by the Planning Commission or any discretionary action by the Community Development Director. Any Planning Commissioner based on his/her responsibility to the City Council regarding land use matters may file with the City Clerk a "Request for Review" (RFR) of any discretionary action by the Community Development Director.

A. Such RFR shall be filed within ten (10) days of the decision, as a no fee filing, together with a statement that such RFR is not indicating support for or opposition to such decision, but is filed because the filer believes that such decision involves a matter of such interest, import, precedent or significance that such decision should as a matter of policy and planning be made by elected or appointed officials.

B. Upon the timely filing of an RFR, the decision shall be suspended until the RFR is determined by the Planning Commission or City Council; and the City Clerk shall immediately:

1. Notify the Council, Community Development Director, Planning Commission, applicant and all who appeared at the meetings with regard thereto; and

2. Set the matter for hearing before the Planning Commission or City Council for final determination, as appropriate based on the filing of the RFR, for hearing and determination.

C. Except as set forth in this section, the procedures of an RFR shall be the same as those for an appeal, as indicated in this chapter.

(Ord. No. 931, § 5(Exh. A), 10-22-13)