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HomeMy WebLinkAboutORD 0874 (1982) ORDINANCE NO. 874 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 2 TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE ESTABLISHMENT, COMPOSITION, 5 JURISDICTION, DUTIES AND TERMS OF OFFICE OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN. The City Council of the City of Tustin does ordain as 5 follows: 6 1. Part 1 of Chapter 5 of the Tustin City Code, commencing with Section 1511, is hereby amended to read as follows: PART 1 PLANNING COMMISSION 8 1511 PLANNING COMMISSION AUTHORITY 9 a. The Planning Commission of the City of Tustin is hereby 10 established, with composition, jurisdiction, duties, terms of office and other characteristics as provided by law and 11 as specified herein. 12 b. State Regulation. Subject to the provisions of State Law the Planning Commission shall be, and it hereby is declared 13 to be, regulated by the provisions of the Government Code of the State of California, statutes of the State of Calif- 1~ ornia, and such amendments thereto as may be adopted here- after from time to time. t5 1512 MEMBERS 16 The Planning Commission shall consist of five (5) members 17 who shall be registered voters of the City during all times they hold office. 18 1513 APPOINTMENT-TERM 19 Members of the Planning Commission shall be appointed by the 20 the City Council. 21 The members shall serve for terms of two (2) years ending on July 1 of even-numbered years provided that 22 the first members of the Planning Commission shall serve from the time of their appointment until July 1, 1984 23 and until their respective successors are appointed and qualified. They shall be subject to removal by motion 24 of the City Council adopted by at least three (3) affirmative votes. A member of the Planning Commission shall automatically be deemed removed from office upon filing for or announcing his or her candidacy for any 26 elective office or upon the occurrence of three (3) 27 successive unexcused absences from Planning Commission meetings, or upon more than five (5) absences within any 28 six (6) consecutive month period. -1- 1 1514 COMPENSATION OF MEMBERS ~ Each of the members of the Planning Commission shall receive compensation of Twenty-Five Dollars ($25.00) 3 for each meeting attended, not to exceed Fifty Dollars ($50.00) per month. 4 1515 MEETINGS 5 The Planning Commission shall hold its regular 6 meetings on the second and fourth Mondays of each month at 7:30 o'clock p.m. in the Council Chambers, 7 except when such a day falls on a legal holiday, in which event the Planning Commission shall meet 8 at 7:30 o'clock p.m. on the first weekday following which is not a legal holiday. The Planning Commission 9 may meet at such other times and places as hereafter may be determined from time to time by the Planning 10 Commission to be necessary or convenient. 11 1516 PLANNING AGENCY 1~ Pursuant to the provisions of Section 65100 of the California Government Code, the Planning Commission 13 of the City is established as the "Planning Agency" of the City. The Community Development Department 14 shall assist the Planning Agency in the performance of all its duties as may now or hereafter be provided !5 for by law. 16 1517 17 The Planning Commission may by motion regularly adopted make such requests and give such directions to the 18 Community Development Department staff as are consistent 19 with policies established by the City Council and within the budgetary limitations of the Department. 20 2. Section 9294, APPEALS, is hereby amended to read as follows: ~ 22 9294 APPEALS ~5 a. APPEAL OF DECISIONS Any person may appeal any order, requirement, decision or 24 determination of the Planning Commission to the City ~5 Council in the manner set forth in this section unless the jurisdiction of the Planning Commission is otherwise specifically declared by ordinance to be final and conclusive. 26 Appeals shall be made in writing and filed with the City Clerk_ 27 prior to 5:00 p.m. of the day of the first regular meeting of the City Council following the Planning Commission action 28 to be appealed, together with a filing fee in an amount as prescribed from time to time by the City Council by resolution. -2- 1 b. FINALITY OF PLANNING COMMISSION ACTIONS 2 A record of each action of the Planning Commission shall be placed on the agenda of the City Council at 3 its first regular meeting following the action of the Planning Commission, together with a copy of the staff 4 report thereon. The action of the Planning Commission shall become final unless at said meeting of the City 5 Council an appeal is requested by the City Council and/or unless an appeal has been filed by any other 8 person prior to said meeting, as prescribed in para- graph a. above. c. APPEA'L PROCEDURES 8 Upon any appeal being duly filed by any person as here- 9 in provided or by the City Council as here in provided, the City Clerk shall set a time for hearing by the City 10 Council which shall be a date within twenty (20) days of the filing of the appeal. Notice of such hearing 11 shall be given as set forth in Section 9296 of this Code. The City Clerk shall also notify the Planning 12 Commission of the appeal. 13 d. CITY COUNCIL DECISION ON APPEAL 14 At the close of the hearing on an appeal, the City Council may reverse or modify the decision of the Plan- 15 ning Commission and/or remand the matter to the P!a_n- ning Commission for further proceedings in accordance 18 with directions of the City Council. If the City Coun- cil does not take any action of reversal, modification 17 and/or remand of the decision of the Planning Commis- sion within sixty (60) days after the filing of appeal 18 thereon, the Planning Commission's action on the matter shall be final. 19 PASSED AND ADOPTED at a regular meeting of the City 20 Council of the City of Tustin, California, this 1st day of 21 November , 1982. 22 C~ 23 MAYOR .~' 24 ATTEST: 25 I 26 ' C ~ L 27 JGR: cas: R: 10/6/82 ( R-3 ) 28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 874 was duly and regularly introduced and read at a regular meeting of the City Council held on the 20th day of October, 1982, and was given its second reading and duly passed and adopted at a regular meeting held on the 1st day of November, 1982, by the following vote: AYES : COUNCILPERSONS: Edgar, Kennedy, Greinke, Hoesterey, Saltarelli NOES : COUNCILPERSONS: None ABSENT: COUNCILPERSONS: None PUBLISHED SUMMARY IN TUSTIN NEWS: October 28, 1982 November 11, 1982