A.

All actions of the Planning Commission authorized by this title may be appealed to the City Council. All appeals shall be filed in writing with the City Clerk.

B.

All appeals must be filed on or before the thirtieth calendar day after adoption of the Planning Commission's resolution on the project or application. Application fees shall be paid as required by Section 17.30.030.

(Ord. 258 §3, 1996; Ord. 239 §11(part), 1993).

A.

The City Council may on its own initiative review all actions of the Planning Commission taken by resolution approving or denying a development project.

B.

All Planning Commission actions taken by resolution approving or denying a project, accompanied by the record of the proceedings before the Commission, shall be placed as a report item on the City Council's agenda within forty-five days following the Commission's action. The Council may, within forty-five days of the Commission's action, by an affirmative vote of three members, initiate review of the action. In the event the Council initiates such review, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of this chapter.

C.

At the time the Council votes to initiate review, or at any other time following a field trip to the site but prior to the hearing, the applicant shall be informed of the aspects of the application and/or the Commission's decision which the applicant should be prepared to address at the review hearing.

D.

The City Clerk shall set the review hearing within thirty days from the date the Council decides to initiate review.

E.

The review hearing shall be noticed and conducted as set forth in Section 17.54.060 and shall be conducted as a de novo hearing. The Council may act to uphold, overturn, or otherwise modify the Commission's original action on the proposal, or the Council may remand the application back to the Commission for further review and direction.

F.

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 applicant. The action of the Council shall be final and conclusive.

(Ord. 258 §1, 1996).

(Ord. No. 327, § 6 (Exh. A, Pt. 26), 6-11-2012)

Any person, including the City Manager, may appeal a decision of the Planning Commission to the City Council, in accordance with the terms of this Chapter.

(Ord. 239 §11(part), 1993).

A.

All appeals shall be filed in writing with the City Clerk on a form or forms provided by the City Clerk. No appeal shall be considered filed until the required appeal fee has been received by the City Clerk.

B.

The appeal application shall state, at a minimum, the name and address of the appellant, the project and action being appealed, and the reasons why the appellant believes that the Planning Commission erred or abused its discretion, or why the Planning Commission's decision is not supported by evidence in the record.

C.

If the appeal application is found to be deficient, the City Clerk shall deliver or mail (by certified mail), to the appellant a notice specifying the reasons why the appeal is deficient. The appellant shall correct the deficiency with an amendment to the appeal form within seven calendar days of receiving the deficiency notice. Otherwise, the appeal application will be deemed withdrawn, and the appeal fee will be returned to the applicant.

(Ord. 239 §11(part), 1993).

Upon receipt of a written and complete appeal application and fee, the City Clerk shall direct the Planning Commission Secretary to transmit to the City Council the complete record of the entire proceeding before the Planning Commission.

(Ord. 239 §11(part), 1993).

Upon receiving an appeal, the City Clerk shall set the appeal for a hearing before the City Council to occur within forty-five days of the filing of the appeal. In the event that more than one appeal is filed for the same project, the Clerk shall schedule all appeals to be heard at the same time.

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6 (Exh. A, Pt. 27), 6-11-2012)

A.

Noticing. The hearing shall be noticed as required by Section 17.34.030. In addition, the following parties shall be noticed:

1.

The applicant of the proposal being appealed;

2.

The appellant; and

3.

Any person who provided oral testimony or written comments to the Planning Commission during or as part of the public hearing on the project.

B.

Hearing. The City Council shall conduct a public hearing pursuant to the provisions of Chapter 17.34. The review hearing shall be conducted as a de novo hearing. The Council shall consider all information in the record, as well as additional information presented at the appeal hearing, before taking action on the appeal.

C.

Action. The Council may act to uphold, overturn or otherwise modify the Planning Commission's original action on the proposal, or the Council may remand the application back to the Planning Commission for further review and direction. The Council shall make findings to support its decision.

D.

Finality of Decision. The action of the City Council to approve, conditionally approve, or deny an application shall be final and conclusive.

E.

Record of Proceedings. The decision of the City Council shall be set forth in full in a resolution or ordinance. A copy of the decision shall be sent to the applicant or the appellant.

(Ord. 239 §11(part), 1993).

(Ord. No. 327, § 6 (Exh. A, Pt. 28), 6-11-2012)

Any action challenging a final administrative order or decision by the City made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion regarding a final and nonappealable determination of facts is vested in the City of Rolling Hills, the City Council or in any of its Commissions, officers or employees, must be filed within the time limits set forth in the California Code of Civil Procedure, Section 1094.6.

(Ord. 239 §11(part), 1993).