HomeMy WebLinkAboutPH 2 P.C. ORDINANCE 10-20-82DATE:
October 11, 1982
PUBLIC HEARING (7:30)
No. 2
10-20-82
Inter-Corn
TO:
FROH:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
PLANNING COMMISSION ORDINANCE
Please find enclosed ordinance creating the Planning Commission,
revised in accordance with my understanding of the consensus of the
Council expressed in its meeting of October 4, 1982.
JGR:cas:R:10/ll/82:G
Enclosure
M. O. - That Ordinance No. 874 have first reading by title only.
M. O. - That Ordinance No. 874 be introduced.
M. O. - That Resolution No. 82-82 be passed and adopted.
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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 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.
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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.
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 the City Council by resolution.l
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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 z~~~ of the City Council
an appeal is requestedJ~Y"-~City;Counci1 ~ ~,Y me~5~r
t~- and/or unless an appeal has been filed by any
other person prior to said meeting, as prescribed in para-
graph a. above.
co APPEAL PROCEDURES
Upon any appeal being duly filed by any person as herein
provided or by the City Council or any member thereof as
herein provided, the City Clerk 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 COU~CIL DECISION ON APPEAL
At 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 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 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 final.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin, California, this day
of , 1982.
ATTEST:
MAYOR
CITY CLERK
JGR:cas:R:10/6/82(R-3)
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DATE:
9/29/82
Inter - Corn
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE,.CITY ATTORNEY
PLANNING COMMISSION ORDINANCE
Supplementing our Inter-Com of September 28, 1982, please note
that Section 9294(c) of the Ordinance as submitted provides
that the hearing of an appeal by the City Council will be set
within twenty (20) days of the filing of the appeal. The City
Clerk will set these hearings as soon as possible but twenty
(20) days is sometimes needed in order to be able to fit within
the publication dates of the Tustin News.
Also, it has been recommended by the Community Development
Department that the filing fee for hearings on appeal should
be set by resolution of the Council at $100.00. Attached
hereto is such a proposed resolution.
JGR:se:D:9/29/82
Enclosure
cc:
M. Wyn/'~
W. Huston
M. Brotemarkle
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£8
RESOLUTION NO. ~'~'~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, PRESCRIBING FILING
FEES FOR APPEALS ON ACTIONS OF THE PLANNING
COMMISSION.
The City Council of the City of Tustin, California,
does ordain that the filing fee for appeals to the City
Council of actions of the Planning Commission shall be
One Hundred Dollars ($100.00).
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin, California, held on the
day of , 1982.
ATTEST:
MAYOR
CITY CLERK
JGR:se:D:9/29/82