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Home My WebLink AboutOB 1a P.C. ORDINANCE 08-02-82DATE: FROH: $ UBJ I~CT: July 14, 1982 OLD BUSINESS No. 1 8-2-82 Inter -(:om ~.-F~ON~RABLE MAYOR & CITY COUNCIL JAMES G. ROURKE, CITY ATTORNEY PLANNING COMMISSION ORDINANCE Enclosed is a copy of the study draft of the Planning Commission Ordinance with commentary. The Staff worked over this study draft and has arrived at the final proposed form of ordinance which is also attached. f JGR:s~:D;7/14/82 Enclosures as cited. Z ~0 OO 0 ~ ~ 0 I t~ 0 I I 0 0 O~ 0 I I 1 2 3 5 6 8 9 10 11 12 15 14 15 16 17 18 19 21 22 23 24 25 26 28 ORDINANCE NO. 874 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE ESTABLISHMENT, COMPOSITION, JURISDICTION, DUTIES AND TERMS OF OFFICE OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN. The City Council of the City of Tustin ordains as follows: 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 1511 PLANNING .COMMISSION AUTHORITY a. The Planning Commission of the City of Tustin is hereby established, with composition, jurisdiction, duties, terms of office and other characteristics as provided by law and as specified herein. b. State Regulation. Subject to the provisions of State Law the Planning Commission shall be, and it hereby is declared to be, regulated by the provisions of the Government Code of the State of California, statutes of the State of Calif- ornia, and such amendments thereto as may be adopted here- after from time to time. 1512 MEMBERS The Planning Commission shall consist of five (5) members who shall be residents of the City during all times they hold office. 1513 APPOINTMENT-TERM Members of the Planning Commission shall be appointed by the Mayor with the approval of the City Council. The members shall serve for a term of (~) years and until their respective successors are appointed and qualified. They shall be subject to removal by motion of the City Council adopted by at least (__) 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 elective office or upon the occurrence of three (3) successive unexcused absences from Planning Commission meetings, or upon more than five (5) absences within any six (6) consecutive month period. 1514 COMPENSATION OF MEMBERS Each of the members of the Planning Commission shall receive compensation of Dollars -1- 1 5 ? 10 11 12 15 17 18 20 21 22 2~ 2~ 25 2~ 27 28 ($ ) for each meeting attended, not to exceed Dollars ($ ) per month. 1515 MEETINGS The Planning Commission shall hold its regular meetings on the second and fourth Mondays of each month at 7:30 o'clock p.m. in the Council Chambers, except when such a day falls on a legal holiday, in which event the Planning Commission shall meet at 7:30 o'clock p.m. on the first weekday following which is not a legal holiday. The Planning Commission may meet at such other times and places as may be hereafter determined from time to time by the Planning Commission to be necessary or convenient. 1516 PLANNING AGENCY Pursuant to the provisions of Section 65100 of the California Government Code, the Planning Commission of the City is established as the "Planning Agency" of the City. The Community Development Department shall assist the Planning Agency in the performance of all its duties as may now or hereafter be provided for by law. 1517 The Planning Commission may by motion regularly adopted make such requests and give such directions to the Community Development Department staff as are consistent with policies established by the City Council and within the budgetary limitations of the Department. 2. Section 9294, APPEALS, is hereby amended to read as follows: 9294 APPEALS a. APPEAL OF DECISIONS Any person may appeal any order, requirement, decision or determination of the Planning Commission to the City 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. Appealable orders, requirements, decisions and determinations of the Planning Commission shall not be effective until expiration of the appeal period provided in this section. b. NOTICE TO CITY COUNCIL OF PLANNING COMMISSION DECISIONS The Secretary of the Planning Commission shall in a timely and expeditious manner cause to be delivered by mail to each member of City Council copies of all agendas, all -2- 1 2 4 5 6 7 8 9 10 11 12 15 14 15 16 17 18 19 2O 21 22 25 24 28 26 27 28 action minutes of the Planning Commission, all proposed minutes and all approved minutes of the Planning Commission. c. FORM OF APPEAL Appeals shall be made in writing and filed with the City Clerk, within ten (10) days after final action of the Planning Commission, together with a filing fee of Dollars ($ ), or such other amount as may be prescribed from time to time by the City Council by resolution, provided, however, that any appeal taken by action of the City Council shall be without fee. Upon receipt of notice of appeal, the City Clerk shall set a time for a hearing by the City Council which shall be set for a date which is within ( ) 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 At the close of the hearing on an appeal, the City Council may affirm, reverse or modify the decision of the Planning Commission and/or remand the matter 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 affirmation, reversal, modification and/or remand of the decision of the Planning Commission within sixty (60) days after the filing of appeal thereon, the Planning Commission's action on the matter shall be deemed affirmed. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, this day of , 1982. MAYOR ATTEST: CITY CLERK JGR:se:R:6/29/82(R-3) .JGR:cas:R:7/13/82 -3- ~TE: July 15, 1982 Inter-Coat SUSJ [CT: Bill Huston, City Manager Mike Brot~mar~le, Community Development Director Draft Planning Commission Ordinance: Meeting Days The proposed ordinance suggests first and third Mondays for meetings. After staff discussion, we believe another day would be better. We looked at an option of second and fourth Mondays and found this little better, National holidays could affect one out of four meetings if held on alternating Mondays. We surveyed meeting dates for '83 through '87 and found holidays affecting the following number of meetings. First and third Tuesdays and Wednesdays were also surveyed for co~arison. Meeting Affected by Holidays lst/3rd 2nd/4th lst/3rd lst/3rd Year Monday Mon.da¥ Tuesday Wednesday '83 3 1 0 0 '84 3 3 1 *Sff 3 2 I 0 '86 2 1 I 1 '87 2 1 0 I We do believe that meetings should be held the same week; however, the Council meeting should follow the Commission meeting as it does now if undue delays on tentative maps, negative declarations, etc. are to be avoided. This also allows for simultaneous advertisements in the Tustin News. It might be judicious to suggest a change in Commission meeting day to.Tuesday with the Council meeting the next day on Wednesday. This would reduce the number of meeting dates affected by holidays, allows for simultaneous legal advertising (Tustin News's deadline dates are a week apart), and reduce the time span between Commission recommendation and Council action on items subject to such procedure. Bill Huston July 15, 1982 Page 2 With the advent of a new commission, we believe that evening meetings would be best for both Commission and Council to reduce the ~equired time off work. This will have a minor i~act on staff cow or overtime, but it would agpear in the interests of the Council/Commission me~ership. Meeting Dates Council: Commission: lst/3rd Wednesdays lst/3rd Tuesdays Books Out: Legal Notice in Paper: 'Tustin News Deadline: Application Deadline: Wednesday, one week before meetings Thursday, 13 & 14 days before meetings respecti rely Friday, 19 & 20 days before meetings Friday, 26 & 27 days before meetings MWB:Jh 7-15-82 DATE: TO: FROM: S UBJ ECT: August 2, 1982 Inter-Corn Honorable Chairman & Planning Agency Members Mary Ann Chamberlain, Associate Planner Planning Commission Survey Attached for your information are the results of a phone survey of Planning Commissions in Orange County. If you have any questions, please feel free to call on us. MAC:ih 7-27-82 0 X X X X XXXXMXX XXXXXX C:, O0 0 0