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HomeMy WebLinkAbout38-City Attorney 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 G o o o 1 2 3 4 5 6 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 i read: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .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. o 1 -L o o o 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. 5 C. Failure of any person to receive the notice required by this section shall not invalidate any action taken. 6 i D. The Chairman of the Planning Commission, or the acting 8 Chairman, shall administer oaths and all witnesses shall be sworn." 9 10 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 11 12 Bernardino at a day of meeting thereof, helaon , 1986, by the following vote, 13 the 14 to wit: 15 16 Ii 18 19 20 21 22 The foregoing resolution is hereby approved this 23 24 AYES: NAYS: ABSENT: City Clerk day of , 1986. Mayor of the City of San Bernardino 2:1 26 Approved as to form: ..., ,. . ......",." 27 28 City Attorney 2