HomeMy WebLinkAboutOB 4 APPL'S P.C. ACTIONS 6-5-89DATE: MAY 31, 1989
OLD BUSINESS
NO. 4
6-5-89
Inter- Corn
TO: WILLIAM A. HUSTON, CITY NANAGER
FROM: MARY E. WYNN, CITY CLERK
SUBJECT: APPEALS OF PLANNING COMMISSION ACTIONS
At the May 1, 1989, City Council Meeting, Councilman Prescott moved, and
it was duly carried, that this item be continued to the June 5, 1989,
meeting.
TO:
HONORABLE EARL PRESCOTT, MEMBER OF THE CITY COUNCIL
FROH:
CIT ATTORNEY
SUBJECT: APPEALS OF PLANNING COMMISSION ACTIONS
Section 9294a of the Tustin City Code provides as follows:
"a Appeals of Decisions
Any person may appeal any order, requirement,
decision or determination of the Planning
Commission to the City Council in tDe manner set
forth in this section unless the jurisdiction of
the Planning Commission is otherwise specifically
declared by ordinance to be final and conclusive.
Appeals shall be made in writing and filed with
the City Clerk prior to 5:00 p.m. of the day of
the first regular meeting of the City Council
following the Planning Commission action to be
appealed, together with' a filing fee .in an amount
as prescribed from time to time by th'e City
Council by resolution." .-
Section 9294b of the Tustin City Code provides further:
"b Finality of Planning Commission Actions
A record of each action of the Planning Commission
shall be placed on the agenda of the City. Council
at its first regular' meeting following the action
of the Planning Commission, together with a copy
of the staff report thereon. The action of the
Planning Commission shall become final unless at
said meeting of the City Council an appeal is
requested by the City Council and/or unless an
appeal has been filed by any other person prior to
said mee.t.ing, as prescribed in paragraph a above;"
As.you .can see from these sections, "any person" may file an
appeal of a Planning Commission action but must pay the filing
fee required for such an appeal, all this pursuant to 9294a,
· '"'whereas under 9294b, the City Council can appeal a Planning
Commission a.c. tion apd no filing fee is required...
·
·
Xerox copies of t~ese sections are attached.
If you have any questions, please k]~4~w.
City Attorney
JGR: rr :D: 4/20/89 (990f)
cc': WH
TUSTIN CITY CODE
ZONING · '~: .... ~" 9293d"
thereafter, the C~mmission shall transmit a report of its findings and i'ts
recommendations o~ the revocation to the City Council. (Ord. No. 1571 Sec. 7.6)'
..
9294 APPEALS
a Appeal of Decisions
Any person may appeal an~ order, requirement, decision or determination Of
Planning Commission to the City Council in the manner set forth in this section
unless the jurisdiction of the Planning Commission is otherwise specifically de-
clared by ordinance to be final and conclusive. Appeals shall be made in writing
and filed with the City Clerk prior to 5:00 p.m. of 'the day of the first regular
meeting of the City Council following the Planning Commission action to be
appealed, together with a filing fee in an amount as prescribe~ from time to
time by the City Council by resolution.
b Finality of Planning Commission Actions
A record of each action of the Planning Commission shall be placed on the agenda
of the City Council at its first regular 'meeting following the action of the
Planning Commission, together with a copy of the staff-report thereon. The ac-
tion of the Planning Commission shall become final unless at said meeting of the
City Council an appeal is requested b,y the City Council and/or unless an appeal
has been filed by any other person prior to said meeting, as prescribed in para-
graph a above.
c Appeal Procedures
~Upon any appeal being duly filed by any person as~herein provided or by the City
Council as herein provided, the City Cleck shall set a time for hearing by the
City Council which shall be a date within twenty (20) days of the filing of the
appeal. Notice of such hearing shall be given as set forth in Section 9296 of
this Code. The City Clerk shall also notify the Planning Commission of the
appeal.
d City Council Decision on Appeal
A~ the close of the hearing on an appeal, the City Council may reverse or modify
the decision of the Planning Commission and/or remand the ma~ter to the Planning
Commission for further proceedings in accordance with directions of the City
Council. If the City Council does not take any action of reversal, modifiCation
and/or remand of the decision of the Planning Commission within sixty (60) days
after 'the filing of appeal thereon, ~he Planning Commission's action on the
matter shall be final. (Ord. No. 157, Secs. 8.1, 8.3; Ord. No. 201; Ord. No.
451, Sec. I0; Ord. No. 874, Sec. 2, 11-1-82)