HomeMy WebLinkAboutOB 2 P.C. JURISDICTION 10-04-92OATE:
September 28, 1982
OLD BUSINESS
Inter - C om
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
PLANNING COMMISSION JURISDICTION
Under the present provisions of the Tustin City Code the Planning
Commission/Planning Agency has jurisdiction as follows:
1. General Plan Amendments
The Planning Commission is required to hold a noticed public
hearing and make a recommendation to the City Council on any proposed
amendments to the General Plan. The actual amendments to the General
Plan are to be done by ordinance of the City Council. This procedure
is mandated by state law.
2. Zoning Ordinance Amendments
The Planning Commission is required to hold a noticed public
hearing and make a recommendation to the City Council on any proposed
amendments to the Zoning Ordinance. The actual amendments to the
General Plan are to be done by ordinance of the City Council. This
procedure is mandated by state law.
3. Rezoning Ordinance Amendments
The Planning Commission is required to hold a noticed public
hearing and make a recommendation to the City Council on any proposed
rezonings. The actual rezonings are to be done by ordinance of the
City Council. This procedure is mandated by state law.
4. Prezoning Ordinance Amendments
The Planning Commission is required to hold a noticed public hearing
and make a recommendation to the City Council on any proposed prezonings
of property proposed to be annexed to the City. The actual prezonings
are to be done by ordinance of the City Council. This procedure is
mandated by state law.
-1-
5. Conditional Use Permits
Upon application made pursuant to the limitations and conditions of
the various Districts specified in the Code, the Planning Commission
may grant or deny a Conditional Use Permit. The action of the Planning
Commission is final unless appealed to the City Council. This procedure
is not mandated by state law. The Council can change the types of
Conditional Use Permits that may be granted or the situations in
which they may be granted. The City Council can also amend the
zoning ordinance to make the action of the Planning Commission advisory
to the City Council, with the City Council actually granting Conditional
Use Permits.
6. Variances
Upon application made pursuant to the limitations and conditions of
the various Districts specified in the Code, the Planning Commission
may grant or deny a variance. The action of the Planning Commission
is final unless appealed to the City Council. This procedure is not
mandated by state law. The Council can change the types of variances
that may be granted or the situations in which they may be granted.
The City Council can also amend the zoning ordinance to make the
action of the Planning Commission advisory to the City Council, with
the City Council actually granting variances. It is a requirement
of state law that the zoning ordinance provide that variances may be
granted upon application whenever there are special circumstances
applicable to a property, including its size, shape, topography,
location or surroundings, and the strict application of the zoning
ordinance is found to deprive the property of privileges enjoyed by
other properties in the vicinity and under identical zone
classifications.
7. Findings of Permitted Uses
The Tustin Zoning Ordinance provides that the uses which are permitted
in each district are those enumerated for the district and those
which in the opinion of the Planning Commission are similar thereto.
Such findings of similarity by the Planning Commission are final,
unless appealed to the City Council. This not a mandatory provision,
and the Planning Commission's actions in this regard could be revised
to simply be advisory to the City Council.
8. Design Review
Design review is provided by the Community Development Director. His
actions are final unless appealed to the City Council. This is not
mandated by state law and design review could by amendment to the
zoning ordinance be delegated to the Planning Commission or to the
City Council.
9. Recommendation on Certifications of Environmental Impact Reports
The Planning Commission is required to review Environmental Impact
Reports pertaining to land use and to make recommendations for
certification of EIR's to the City Council.
-2-
I believe this covers the primary responsibilities of the Planning
Commission as presently specified in the Tustin City Code. This
authority may be revised, expanded or contracted except to the extents
noted above.
Enclosed is the Planning Commission Ordinance revised in accordance
with our understanding of the Council's intentions.
JGR:cas:R:9/23/82:I
Enclosure
-3-
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO.
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 does ordain 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 registered voters of the City during all times
they hold office.
1513 APPOINTMENT-TERM
Members of the Planning Commission shall be appointed by the
the City Council.
The members shall serve for terms of two (2) years
ending on July 1 of even-numbered years provided that
the first members of the Planning Commission shall serve
from the time of their appointment until July 1, 1984
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 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
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.
-1-
1
2
3
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
III
1514 COMPENSATION OF MEMBERS
Each of the members of the Planning Commission shall
receive compensation of Twenty-Five Dollars ($25.00)
for each meeting attended, not to exceed Fifty Dollars
($50.00) 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 hereafter
may be 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.
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 agen-
da, all action minutes of the Planning Commission, all
proposed minutes and all approved minutes of the Plan-
ning 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 in
an amount as 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
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
At the close of the hearing on an appeal, the City
Council by four (4) affirmative votes may reverse or
modify the decision of the Planning Commission and/or
remand the matter to the Planning Commission for fur-
ther 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, 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:cas:R:9/28/82(R-3)
DATE:
September 30, 1982
Inter-eom
TO:
FROM:
SUBJECT:
THE HONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
PLANNING COMMISSION JURISDICTION
Supplementing my previous InterCom regarding the jurisdiction of
the Planning Commission, please be advised further as follows:
1. Design Review
Under the present provisions of the City Code the appeal of design
review action taken by the Community Development Director must
first be appealed to the Planning Commission, which then decides
the appeal after notice of public hearing. Thereafter, an appeal
may be taken to the City Council.
2. Findings of Conformity and Non-Conformity
The Planning Commission is also charged with responsibility for
making findings for conformity or non-confirmity of certain uses.
Actions by the Planning Commission on these matters are appealable
to the City Council.
3. Sign Code Exceptions
Section 9470 of the Tustin City Code provides that the City Council
itself may grant exceptions for signs which are not within the
purview of the standards and criteria established by the sign
code, due to unusual circumstances to the development, activity,
or location of the proposed signing, subject to a number of
restrictions.
4. Certification of Environmental Impact Reports
Either the Planning Commission or the City Council may certify
Environmental Impact Reports for variances (very unusual, and I do
not believe I have ever seen one) and for conditional use permits.
Such actions by the Planning Commission are appealable to the City
Council.
JGR:cas:R:9/30/82:H
cc:
M. Wynn
W. Huston
M. Brotemarkle