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CIQ OF SAN BERNARDgO - REQUQT FOR COUNCIL AcCloN
From:
Ralph H. Prince
City Attorney
Su~~t: Amendment to Resolution No. 83-48
Date:
August 29, 1986
Procedure for Appeal of
Administrative Decisions to the
Planning commission.
Dept:
Synopsis of Previous Council action:
None.
Recommen-ied motion:
Adopt resolution.
Signature
Contact person:
Cynth;" Gr""F>
Phofle:
5056
NIl'.
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
75.0262
Agenda Item No. J ~
CI10 OF SAN BERNARDIOo - REQUEOr FOR COUNCIL ACOoN
STAFF REPORT
Re: Amendment to Resolution No. 83-48
Resolution No. 83-48 adopted procedures to implement the
administrative review of plans. The resolution does not contain
any procedure for the appeal 'of an administrative decision to the
Planning Commission.
Appeals of decisions of the Environmental Review Committee have
been made to the Planning Commission in the past. Upon the
advice of the City Attorney, these appeals were accepted and a
public hearing was noticed and held. The recommendation of the
City Attorney's office was based on due process principles.
The amendmect to Resolution 83-48 is designed to make an express
procedure whereby an administrative decision by staff could be
appealed to the Planning Commission, and a public hearing, upon
proper notice, would be held. This change reflects the existing
administrative practice.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION
NO. 83-48 ENTITLED IN PART .RESOLUTION . .. ESTABLISHING A
PROCEDURE FOR REVIEW AND APPROVAL OF PLANS., AND ADDING
PROVISIONS WHICH ESTABLISH A PROCEDURE FOR THE APPEAL OF
ADMINISTRATIVE DECISIONS TO THE PLANNING COMMISSION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Resolution No. 83-4~ Section 9 is amended to
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read:
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.Section 9. Appeal - Public Hearina.
A. The Planning Department shall approve or reject the
plans submitted for review, and the decision shall be final
unless an appeal to the Planning Commission is filed, in writing,
within ten days of the decision.
B. Upon receipt of an appeal from the decision of the
Planning Department, the Planning Commission shall fix a time and
place of public hearing thereon not less than fifteen days nor
more than forty days thereafter.
Notice of time and place of the
hearing, including a general description of the matter to be
considered and a general description of the property for which
the appeal is proposed, shall be given at least ten days before
the hearing in the following manner:
1. The notice shall be published at least once in a
newspaper of general circulation published and circulated in the
City.
2. The notice shall be mailed or delivered' to all
persons, including businesses, corporations, or other public or
private entities, shown on the last equalized assessment roll as
owning real property within five hundred feet of the property
which is the subject of the proposed appeal.
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3. Forms and procedures for processing an appeal to the
2 planning Commission shall be prescribed by the Director of
3 Planning. Th~ appellant shall pay a fee to cover administrative
4 costs as set forth by resolution.
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C. Failure of any person to receive the notice required by
this section shall not invalidate any action taken.
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D. The Chairman of the Planning Commission, or the acting
8 Chairman, shall administer oaths and all witnesses shall be
sworn."
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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day of
meeting thereof, helaon
, 1986, by the following vote,
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22 The foregoing resolution is hereby approved this
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AYES:
NAYS:
ABSENT:
City Clerk
day of
, 1986.
Mayor of the City of San Bernardino
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26 Approved as to form:
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28 City Attorney
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