The purpose of this Chapter is to establish procedures for appeal of Director and Planning Commission decisions for those individuals aggrieved by those decisions. (Ord. 1629, 11-16-2021)

   A.   Any individual may appeal a decision or determination of the Director to the Planning Commission. The appeal shall be made within 10 calendar days after the date of the Director's decision by filing a letter of appeal, with the required appeal fee, with the secretary of the Planning Commission. In the event that the tenth day falls on a holiday or weekend, the appeal letter may be filed on the next business day. Any appeal of an administrative use permit must be received, with the required appeal fee, prior to the decision being received and filed by the Planning Commission. All appeals shall state specifically wherein it is claimed there was an error or abuse of discretion by the decision maker or where a decision is not supported by the evidence in the record.

   B.   Following the receipt of an appeal, the Secretary shall transmit to the Planning Commission the letter of appeal, the application and all other papers constituting the record upon which the action of the Director was taken. The Planning Commission shall hold at least one public hearing, in the manner prescribed in Chapter 28 of this Title, on the matter. The hearing shall be held within 40 calendar days of the appeal request, and the Planning Commission may affirm, reverse, or modify the Director's decision. The decision of the Planning Commission is appealable to the City Council, pursuant to Section 15-29-3 of this Chapter. (Ord. 1629, 11-16-2021)

   A.   Any individual may appeal a decision of the Planning Commission to the City Council, except a decision regarding a Coastal Development Permit. The appeal shall be made within 10 calendar days after the date of the Planning Commission decision by filing a letter of appeal and paying the required appeal fee with the City Clerk. In the event that the tenth day falls on a holiday or weekend, the appeal letter may be filed on the next business day. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Commission or a decision is not supported by the evidence in the record.

   B.   Scope of Hearing on Appeal: Appeals shall be reviewed de novo. The City Council is not bound by the decision that has been appealed or limited to the issues raised on appeal.

   C.   Coastal Development Permits. Planning Commission decisions on Coastal Development Permits are appealable directly to the Coastal Commission. An appeal of a Coastal Development Permit decision must be filed pursuant to 14 Cal. Code Regs § 13111(c). The appeal must be received in the Coastal Commission district office with jurisdiction over El Segundo on or before the tenth working day after receipt of the notice of the permit decision by the Coastal Commission's executive director. The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the local government notice that it has to take final action by operation of law pursuant to Government Code sections 65950 to 65957.1. (Ord. 1629, 11-16-2021)

The City Council shall hold at least one hearing, in the manner prescribed in Chapter 28 of this Title, on the decision of the Planning Commission which has been appealed. The hearing shall be held within 40 calendar days of the appeal request. The City Council may affirm, reverse or modify a decision of the Planning Commission; provided, that if an appealed decision is reversed or modified, the City Council shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings required by this Chapter a prerequisite to granting the application or shall specifically decline to make such findings. The decision of the City Council shall be final. (Ord. 1629, 11-16-2021)

If the City Council, upon appeal of a Planning Commission decision, proposes an action that is in any way contrary to the recommendations of the Planning Commission, it may, before final action is taken, request further information from the Planning Commission on the matter. Failure of the Planning Commission to report to the City Council within 40 calendar days after the request may be deemed to be consent by the Planning Commission to the proposed change. (Ord. 1629, 11-16-2021)