Loading...
2000 Municipal Code - An Ordinance Regarding City Council Review of DecisionsORDINANCE NO. 258: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report outlining Ordinance No. 258. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Heinsheimer moved that the City Council waive further reading and adopt Ordinance No. 258. Councilmember Hill seconded the motion which carried unanimously (Murdock absent). 212cdeice. cc ORDINANCE NO. 258: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis presented the staff report. Hearing no discussion, Mayor Pernell called for a motion. Councilmember Lay moved that the City Council waive further reading and introduce Ordinance No. 258. Councilmember Hill seconded the motion which carried unanimously. Mayor Pernell continued consideration of Ordinance No. 258 to the next regularly scheduled meeting of the City Council to be held on Monday, March 11, 1996 for second reading and adoption. ORDINANCE NO. 258 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Title 17, Chapter 17.54 of the Rolling Hills Municipal Code is hereby amended by adding a new Section 17.54.015 to read as follows: "17.54.015 City council review of decisions of the Planning Commission. 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 development application, accompanied by the record of the proceedings before the Commission, shall be placed as a report item on the City Council's agenda at its regular meeting next following the Commission's action. The Council may, within thirty (30) days of the Commission's action, by an affirmative vote of three (3) 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 Section. 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 30 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 my 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. Section 2. Table 17.34.020 of Section 17.34.020 of Title 17 of the Rolling Hills Municipal Code is hereby amended by amending the abbreviations at the bottom of the table to read as follows: "Abbreviations: PC = Planning Commission CC = City Council X = Responsible Body A = Appeal Body or Review Body" Section 3. Paragraph C contained in Section 17.54.010 of Chapter 17.54 of Title 17 of the Rolling Hills Municipal Code is hereby deleted." Ordinance No. 258 -1- PASSED, APPROVED AND AD' ED ON THE 11TH DAY OF MARCH, 19' ATTEST: M LY atLY KERN DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS SS. I certify that the foregoing Ordinance No. 258 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on March 11, 1996. AYES: Councilmembers Heinsheimer, Hill, Lay and Mayor Pernell. NOES: None. ABSENT: Mayor Pro Tem Murdock. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices MARILYN DEPUTY CITY CLERK Ordinance No. 258 -2- CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I am a citizen of the United States. I am over the age of eighteen years and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the ia65 day of , 1996 serve the within ©rc��r���� j a copy of which is annexed hereto and made a part hereof, on the person, or persons, named below by placing a true copy thereof enclosed in a sealed envelop with postage thereon fully prepaid, in the United States mail at Rolling Hills, California addressed as follows: FAXED MAILED DELIVERED Also posted at City Hall. I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the /? 17, day of �j,�f j , 1996 at Rolling Hills, California. MARILYN L. KERN DEPUTY CITY CLERK / ORDINANCE NO. 258 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Title 17, Chapter 17.54 of the Rolling Hills Municipal Code is hereby amended by adding a new Section 17.54.015 to read as follows: "17.54.015 City council review of decisions of the Planning Commission. A. B. C. The City Council may on its own initiative review all actions of the Planning Commission taken by resolution approving or denying a development project. All Planning Commission actions taken by resolution approving or denying a development application, accompanied by the record of the proceedings before the Commission, shall be placed as a report item on the City Council's agenda at its regular meeting next following the Commission's action. The Council may, within thirty (30) days of the Commission's action, by an affirmative vote of three (3) 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 Section. 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 30 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 my 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. Section 2. Table 17.34.020 of Section 17.34.020 of Title 17 of the Rolling Hills Municipal Code is hereby amended by amending the abbreviations at the bottom of the table to read as follows: "Abbreviations: PC hereby deleted." Planning Commission CC = City Council X = Responsible Body A = Appeal Body or Review Body" • Section 3. Paragraph C contained in Section 17.54.010 of Chapter 17.54 of Title 17 of the Rolling Hills Municipal Code is PASSED, APPROVED AND ADOPTED ON THE 11TH DAY OF MARCH, 1996. /s/ Godfrey Pernell, D.D.S. GODFREY PERNELL, D.D.S. MAYOR ATTEST: /s/ Marilyn L. Kern MARILYN . KERN DEPUTY CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROLLING HILLS ) 1 certify that the foregoing Ordinance No. 258 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on March 11, 1996. AYES: Councilmembers, Heinsheimer, Hill, Lay an dMayor Pernell. NOES: None. ABSENT: Mayor Pro Tem Murdock ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices /s/ Marilyn L. Kern MARILYN . KERN DEPUTY CITY CLERK Ordinance No. 258 -1- 4 TO: FROM: SUBJECT: City ` JUL INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 Agenda Item No.: 8-B Mtg. Date: 03/11/96 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER ORDINANCE NO. 258: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. DATE: MARCH 11, 1996 BACKGROUND The attached Ordinance was introduced at the regular meeting of the Rolling Hills , City Council held Monday, February 26, 1996. It is presented this evening for consideration of second reading and adoption. A copy of the staff report and Ordinance that was presented on February 26, 1996, is attached to this staff report for information. RECOMMENDATION It is recommended that the City Council waive further reading and adopt Ordinance No. 258 CRN:mlk ord. 258.sta2 ®Pnnteo on Recycled Paper 4 DRDINANCE NO. 258 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Title 17, Chapter 17.54 of the Rolling Hills Municipal Code is hereby amended by adding a new Section 17.54.015 to read as follows: "17.54.015 City council review of decisions of the Planning Commission. 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 development application, accompanied by the record of the proceedings before the Commission, shall be placed as a report item on the City Council's agenda at its regular meeting next following the Commission's action. The Council may, within thirty (30) days of the Commission's action, by an affirmative vote of three (3) 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 Section. 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 30 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 my 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. Ordinance No. 258 -1 Section 2. Table 17.34.020 of Section 17.34.020 of Title 17 of the Rolling Hills Municipal Code is hereby amended by amending the abbreviations at the bottom of the table to read as follows: "Abbreviations: PC = CC = X= A= Planning Commission City Council Responsible Body Appeal Body or Review Body" Section 3. Paragraph C contained in Section 17.54.010 of Chapter 17.54 of Title 17 of the Rolling Hills Municipal Code is hereby deleted." PASSED, APPROVED AND ADOPTED ON THE 11TH DAY OF MARCH, 1996. GODFREY PERNELL, D.D.S. MAYOR ATTEST: MARILYN . KERN DEPUTY CITY CLERK Ordinance No. 258 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) SS. I certify that the foregoing Ordinance No. 258 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on March 11, 1996. AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices MARILYN . KERN DEPUTY CITY CLERK Ordinance No. 258 -3 TO: FROM: SUBJECT: C1iy (Pa r%n9 JII/h INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Agenda Item No.: 8-C Mtg. Date: 02/26/96 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER ORDINANCE NO. 258: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. DATE: FEBRUARY 26, 1996 BACKGROUND City Attorney Mike Jenkins has prepared the attached ,Ordinance regarding the review of decisions of the Planning Commission. This Ordinance makes minor amendments in the Municipal Code by adding Section 17.54.015. This Section formalizes the initiation ,of City Council review (taken cases under jurisdiction) of Planning Commission actions. This Ordinance is presented by the City Attorney and is in response to a recent court case, Cohan v. City of Thousand Oaks. City . Attorney Mike Jenkins. is prepared to answer questions regarding this Ordinance this evening. CRN:mlk ord. 258.sta RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW A PROCESSIONAL CORPORATION • GLENN R. WATSON ROBERT G. BEVERLY MARRY L GERSHON (DOUGLAS W. ARGUE MARK L LAMION ARNOLD SIMON ERWIN E. AMER DAROIA 0. PREFER ALLEN E. RENNETT STEVEN L DORSEY WILLIAM L STRAUSE ROBERT M. GOLO'RIE0 ANTMONV S. DREWRY MITCHELL E ASOOTT TIMOTMY L NEUFELD ROBERT P. OE METER GREGORY W STEPANICICN ROCMELLE BROWNE DONALD STERN MICHAEL JENRORM WIUJAM S. RUOELL OAVIO L COHEN QUINN M. BARROW CAROL W. LYNCH COLEMAN J. WALOM. JR JEFFREY A. RABIN GREGORY M. KUNERT THOMAS M. JYASO MICHELLE SEAL BAGNERIS AMANDA P. SUSSKINO ROBERT C. CECCON SAYRE WEAVER STEVEN M. KAUFMANN GARY E. GAMS JOHN J. MARRY KEVIN G. ENNIS ROAN 0. MARRIS MICHAEL ESTRADA LAURENCE S. WIENER STEVEN R ORR 0ESORAII R MAIGAAN SCOTT K. SMNTANI MICHAEL G. COLANRJONO TERRY P. KAUFMANN MACAS S. TILOEN IOM RUSIN 0. WEINER SA IMGA T. ABAMURA KAYSER 0. SUM! CRAMS A. STEELE T. PETER PIERCE AUSON E- MAKER BENJAMIN SARNOUW TERENCE R SOGA DOUGLAS A CARLEN DANIEL L PINES USA M. SONO W W NIE TSIEN JENNIFER L MART September 14, 1995 0 SEP 1 8 1995 ' Y OF ROLLING HILLS Ms. Lola Ungar Principal Planner City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Re: Initiation of Council Review Dear Lola: WCMARO RICHAMM (19161944) THIRTY -0014TH FLOOR 333 SOUTH HOPE STREET LOS ANGELES. CAUFORNIA 90071-1166 (213) 620-5444 FACSIMILE (213) 626-0074 or GOUNSIL WILLIAM K ) AMER 0565114 OUR FILE NUMBER R6980-00001 You may recall that the recent case of Cohan v. City of Thousand Oaks raised questions about the procedure whereby the City Council takes jurisdiction of Planning Commission actions. This issue came up in one of our recent appeals, and it was necessary to modify certain of our procedures on an ad hoc basis in order to comply with the Cohan case. • I enclose for your review a proposed ordinance amending thee.procedures for initiation of review of Commission actions by theCity Council. Please review the ordinance and let me know if you have"'any suggestions or modifications. truly yours, el enkins MJ:gg Encl. cc: Craig Nealis City Manager 0565114 Ct opeolL•,.yJd'fP INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 Agenda Item No.: 8-C Mtg. Date: 02/26/96 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: ORDINANCE NO. 258: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING( CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. l DATE: FEBRUARY 26, 1996 II BACKGROUND City Attorney Mike Jenkins has prepared the attached Ordinance regarding the review of decisions of the Planning Commission. This Ordinance makes minor amendments in the Municipal Code by adding Section 17.54.015. This Section formalizes the initiation of City Council review (taken cases under jurisdiction) of Planning Commission actions. This Ordinance is presented by the City Attorney and is in response to a recent court case, Cohan v. City of Thousand Oaks. City Attorney Mike Jenkins is prepared to answer questions regarding this Ordinance this evening. CRN:mlk ord. 258.sta ®Pr.:���.n O • GLENN R. WATSON ROBERT G. BEVERLY MARRY L GERSHON DOUGLAS W. ARGUE MARK L LAMKEN ARNOLD SIMON ERWIN E. ADLER DAROLD 0. PIEPER ALLEN E. RENNETT STEVEN L DORSEY WILLIAM L STRAUS2 R06ERT M. GOLDFPUEO ANTHONY B. DREWRY MITCMEU. E. A880TT TIMOTHY L NEUFELD ROBERT P. DE METER GREGORY W. STEPANICICU ROCHELLE BROWNE DONALD STERN MICHAEL JENKINS WILLIAM B. RUDELL DAVID L COHEN OUINN M. BARROW CAROL W. LYNCH COLEMAN J. WALSH. JR. JEFFREY A. ROBIN GREGORY M. KUNERT THOMAS M. JIMBO MICHELLE BEAL SAGNER3 AMANDA P. 6USSKIND ROBERT C. CECCON SAYRE WEAVER STEVEN N. KAUFMANN GARY E. GANS JOHN J. HARRIS KEVIN O. ENNIS ROBIN D. HARMS MICHAEL ESTRADA LAURENCE S. WIENER STEVEN R ORR DEBORAH R. HAKMAN SCOTT K BNINTANI MICHAEL 0. GOLAN UONO TERRY P. KAUFMANN MACIAS B. TILDEN KIM RUBIN 0. WEINER SASKIA T. ASAMURA KAYSER 0. SUME CRAIG A. 6TEELE T. PETER PIERCE AU6ON E. MAKER BENJAMIN BARNOUW TERENCE R. BOLA DOUGLAS A. CARLEN DANIEL L PINES USA M. 80N0 WINNIE T8IEN JENNIFER L HART RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW A PROPMSIONAL CORPORATION Ms. Lola Ungar Principal Planner City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 September 14, 1995 J n SEP 1 8 1995 ' r Y OF ROLLING HILLS 0 Re: Initiation of Council Review Dear Lola: RtCMARD RICHARDS (1916-196.) THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES. CALIFORNIA 90071-1489 (213) 626-6484 FACSIMILE (213) 826-0078 OF COUN6EL WILLIAM K IQiAMER 0565114 OUR FILE NUMBER R6980-00001 You may recall that the recent case of Cohan v. City of Thousand Oaks raised questions about the procedure whereby the City Council takes jurisdiction of Planning Commission actions. This issue came up in one of our recent appeals, and it was necessary to modify certain of our procedures on an ad hoc basis in order to comply with the Cohan case. I enclose for your review a proposed ordinance amending the procedures for initiation of review of Commission actions by the City Council. Please review the ordinance and let me know if you have ariy suggestions or modifications. truly yours, 1 enkins MJ:gg Encl. cc: Craig Nealis City Manager 0565114 )RDINANCE NO. 258 AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Title 17, Chapter 17.54 of the Rolling Hills Municipal Code is hereby amended by adding a new Section 17.54.015 to read as follows: "17.54.015 City council review of decisions of the Planning Commission. 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 development application, accompanied by the record of the proceedings before the Commission, shall be placed as a report item on the City Council's agenda at its regular meeting next following the Commission's action. The Council may, within thirty (30) days of the Commission's action, by an affirmative vote of three (3) 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 Section. 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 30 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 my 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. Ordinance No. 258 -1- Section 2. Table 17.34.020 of Section 17.34.020 of Title 17 of the Rolling Hills Municipal Code is hereby amended by amending the abbreviations at the bottom of the table to read as follows: "Abbreviations: PC = Planning Commission CC = City Council X = Responsible Body A = Appeal Body or Review Body" Section 3. Paragraph. C contained in Section 17.54.010 of Chapter 17.54 of Title 17 of the Rolling Hills Municipal Code is hereby deleted." PASSED, APPROVED AND ADOPTED ON THE _DAY OF FEBRUARY, 1996. GODFREY PERNELL, D.D.S. MAYOR ATTEST: MARILYN . KERN DEPUTY CITY CLERK Ordinance No. 258 -2- LS STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS SS. I certify that the foregoing Ordinance No. 258 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was approved and adopted at a regular meeting of the City Council on February _, 1996. AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices Ordinance No. 258 -3- MARILYN . KERN • DEPUTY CITY CLERK 0 RICHARDS, WATSON & GERSHON ATTORNEYS AT LAW A PROFESSIONAL CORPORATION GLENN R. WATSON ROBERT G. BEVERLY HARRY L GERSHON DOUGLAS W. ARGUE MARK L LAMKEN ARNOLD SIMON ERWIN E. ADLER DAROLD D. PIEPER ALLEN E. RENNETT STEVEN L DORSEY WILLIAM L STRAUSZ ROBERT M. GOLDFRIEO ANTHONY B. DREWRY MITCHELL E. ABBOTT TIMOTHY L NEUFELD ROBERT F. DE METER GREGORY W. STEPANICICH ROCHELLE BROWNE DONALD STERN MICHAEL JENKINS WILUAM B. RUDELL DAVID L COHEN OUINN M. BARROW CAROL W. LYNCH COLEMAN J. WALSH. JR. JEFFREY A. RABIN GREGORY M. KUNERT THOMAS M. JIMBO MICHELLE BEAL BAGNERIS AMANDA F. SUSSKIND ROBERT C. CECCON SAYRE WEAVER STEVEN H. KAUFMANN GARY E. GANS JOHN J. HARRIS KEVIN G. ENNIS ROBIN D. HARRIS MICHAEL ESTRADA LAURENCE B. WIENER STEVEN R. ORR DEBORAH R. HAKMAN SCOTT K. SHINTANI MICHAEL G. COLANTUONO TERRY P. KAUFMANN MACIAS B. TILDEN KIM RUBIN O. WEINER SASKIA T. ASAMURA KAYSER O. SUME CRAIG A. STEELE T. PETER PIERCE AUSON E. MAKER BENJAMIN BARNOUW TERENCE R. BOGA DOUGLAS A. CARLEN DANIEL L PINES USA M. BOND WINNIE TSIEN JENNIFER L. HART Ms. Lola Ungar Principal Planner City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 September 14, 1995 gEOU SEP 1 8 1995 CITY OF ROLLING HILLS By Re: Initiation of Council Review Dear Lola: RICHARD RICHARDS (1916-1988) THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES. CALIFORNIA 90071-1469 (213) 626-8484 FACSIMILE (213) 626-0078 OF COUNSEL WILUAM K KRAMER 0565114 OUR FILE NUMBER R6980-00001 You may recall that the recent case of Cohan v. City of Thousand Oaks raised questions about the procedure whereby the City Council takes jurisdiction of Planning Commission actions. This issue came up in one of our recent appeals, and it -was necessary to modify certain of our procedures on an ad hoc basis in order to'comply with the Cohan case. I enclose for your review a proposed ordinance amending the procedures for initiation of review of Commission actions by the City Council. Please review the ordinance and let me know if you have any suggestions or modifications. truly yours, 1 Jenkins MJ:gg Encl. cc: Craig Nealis City Manager 0565114 USER NO: 2513 RICHARDS, WATSON & GERSHON Attorneys at Law 333 South Hope Street - 38th Floor Loa Angeles, California 90071 Telephone: (213) 626-8484 Fax: (213) 62.6-0078 DATE: January 25, 1996 TO: Craig Nealis RECEIVING TELECOPYING NO.: 310-377-7288 FROM: Michael Jenkins OUR FILE NO.: 86980.00001 Ii TOTAL PAGES: (including this cover sheet) 4 DOCUMENT: Ordinance ' (If you have difficulty receiving any pages,please telephone our service center .at (213) 253-0420) REMARRB: Ordinance is same as original but I've changed the dates at bottom to 1996. Go ahead and agendise for February 26. Attention Fax Operator and Other Recipients' This fax contains privileged and confidential information intended only for the use of the intended recipient named above. If you are not the intended recipient, you are hereby notified that any copying of this fax or dissemination of it or its contents to anyone other than the intended recipient is strictly prohibited. If you have received this fax in error, please immediately notify us by telephone to arrange its return to us at our expense. Sent: date time by fC)2,e,or'6LA‘^-ize5(11 • --tn-N ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Title 17, Chapter 17.54 of the Rolling Hills Municipal Code is hereby amended by adding a new Section 17.54.015 to read as follows: "17.54.015 City council review of decisions of th• Planning Commission. 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 development application, accompanied by the record of the proceedings before the Commission, shall be placed as a report item on the City Council's agenda at its regular meeting next following the Commission's action. The Council may, within thirty (30) days of the Commission's action, by an affirmative vote of three (3) 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 Section. 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 30 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 950913 16980-00001 N 0565112 act to uphold, overturn, or otherwise modify the Commission's original action on the proposal, or the Council my 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. Becfion 3. Table 17.34.020 of Section 17.34.020 of Title 17 of the Rolling Hills Municipal Code is hereby amended by amending the abbreviations at the bottom of the table to read as follows: - 1 "Abbreviations: PC a Planning Commission CC =, City Council X = Responsible Body A = Appeal Body or Review Body" Oection 3. Paragraph C contained in Section 17.54.010 of Chapter 17.54 of Title 17 of the Rolling Hills Municipal Code is hereby deleted. PASSED, APPROVED AND ADOPTED ON THE - DAY OF , 1996. GODFREY PERNELL, D.D.S. MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK 950913 4980-00001 0o 0565112 — 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS 56:" I certify that the foregoing Ordinance No. entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS REGARDING CITY COUNCIL REVIEW OF DECISIONS OF THE PLANNING COMMISSION AND AMENDING THE ROLLING HILLS MUNICIPAL CODE . was approved and adopted at a regular meeting of the City Council on , 1996. AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK 930913 86980.00001 YD 0565112 - 3 -