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Home My WebLink AboutAgenda Statement 1984/09/25 Item 8 COUNCIL AGENDA STATEMENT 14 e Item Meeting Date 9/1-8-/84 ITEM TITLE: OrdinanceJo0(- Amending Sections 19.14.100 and 19.14.240 of the Municipal Code relating to appeal from Planning Commission actions taken by less than a full Planning Co s i_ SUBMITTED BY: City Attorn-,• _ a SECOND fk� Yote. Yews �j�o x ) The proposed amendments will allow applicants to obtain rehearings or to appeal without cost unfavorable Planning Commission deci- sions where the absence of commissioners may have had an unfavorable effect on the vote. RECOMMENDATION: Place Ordinance on First Reading BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: At its August 2, 1984 meeting, the City Council requested that the City Attorney return with a proposed ordinance change regarding the appeal process from Planning Commission hearings. Council stated that it was its intent that if a variance or conditional use permit denial was based on the action of less than four members of the Commission to allow the applicant to obtain a rehearing or an appeal to Council without additional fees. The basis for this was that it was felt to be unfair to penalize the applicant due to absences of commissioners from a hearing. The proposed amendment would accomplish the suggested change. Applicants can schedule the rehearing for the next Planning Commission meeting where a full Commission would be in attendance or appeal to the Council without paying a fee. This will also ameliorate the situation where an applicant may obtain a 3-2 vote in favor of an application which actually translates into a denial because the City Charter requires action by a majority of the entire membership. In researching the attendance and voting of the Planning Commis- sion, this circumstance has occurred on only three applications over the past four years. Of those three, two were rezoning requests and one was a conditional use permit. FISCAL IMPACT: N/A 41,L. , ' ... 71 h t C41Il: f � �'r.J t C1r l h4 Y f gym..--�......d., Dated / _ /_ Form A-113 (Rev. 11/79)