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Home My WebLink AboutORD FOR ADOPTION 11-01-82ORDINANCES FOR ADOPTION No. 1 11-1-82 0~)INANC~ NO. 874 An Ordinance of the City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE RELATIVE TO THE ESTABLISHMENT, COMPOSI- TION, JURISDICTION, DUTIES AND TERMS OF OFFICE OF THE PLANNING COM- MISSION OF THE CITY OF TUSTIN RESOLUTION NO. 82-82 A Resolution of the City Council of the City of Tustin, California, PRESCRIBING FILING FEES FOR APPEALS ON ACTIONS OF THE PLANNING COM- MISSION At the October 20, 1982, Council meeting, Ordinance No. 874 was introduced with deletion on Page 3, Line 5, of the words "or any mem- ber thereof". This modification has been made in the ordinance. Resolution 82-82 was passed with the addition of "if the appeal is successful, the fees be refunded." Attorney Rourke has reworded the second half of paragraph one of Resolution 82-82 for Council's approval. M. O. - That Ordinance No. 874 have second reading by title only. M. O. - That Ordinance No. 874 be passed and adopted. (Roll Call Vote) M. O. - That Resolution No. 82-82 be passed and adopted as modified. 1 2 5 6 ? 8 9 10 11 12 14 15 16 17 18 19 20 21 22 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 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 4 5 6 ? 8 9 10 11 12 14 15 16 17 18 19 20 21 22 2S 24 25 26 27 28 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.I -2- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 meeting, as prescribed in para- graph a. above. c. APPEAL PROCEDURES Upon any appeal being duly filed by any person as here- in provided or by the ~y Council or any member ther? of-as he~ein--pr~v~,' the City Clerk shall set a time for ~ari~g~-b~5~' ~ity 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 At the close of the hearing on an appeal, the City Council may reverse or modify the decision of the Plan- ning Commission and/or remand the matter to the Plan- ning Commission for further proceedings in accordance with directions of the City Council. If the City Coun- cil does not take any action of reversal, modification and/or remand of the decision of the Planning. Commis- sion 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) 1 2 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 25 24 25 26 27 28 RESOLUTION NO. 82-82 A RESOLUTION OF 'i"HE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, PRESCRIBING FILING FEES FOR APPEALS ON ACTIONS OF T[¥E 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). Th~~ fee shall be refunded if the action of the Planning Commission is reversed ~pon appeal. If the action of the Planning Commission is reversed in part only, the City Council shall determine whether the fee shall be refunded. PASSED AND ADOPTED at a regular meeting of-~?~e City Council of the City of Tustin, California, held on the day of _ , 1982. MAYOR ATTEST: CITY CLERK JGR:se:R:10/21/82