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Home My WebLink AboutItem 6.4 AmendMuniCd 2.12.120 (2) '. ::. ..- ., .. '). CITY CLERK File # O@[2J[Q]..[gJ[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 14,1996 SUBJECT: PUBLIC HEARING Ordinance Amending Section 2,12.120 of the Dublin Municipal Code Authorizing Referral of CUP Revocations to Planning Commission (Report Prepared by Eddie Peabody, Jr., Community Development Director) EXHIBITS ATTACHED: Ordinance Copy of Section 2.12.120 Muni Code RECO:MMENDATION:W, 1. 2. 3. 4. 5. Open Public Hearing Receive Public Testimony Close Public Hearing Deliberate Waive reading and introduce Ordinance FINANCIAL STATEMENT: No impact DESCRIPTION: _, The current Municipal Code needs to be updated so that the Community Development Director shall have' the discretion to refer any administrative action on Conditional Use Pennits, Variances~ Site Development Reviews and parcel maps directly to the Planning Commission. Normal appeal procedures would remain and the Planning Commission decision can be appealed to the City Council for final action. In the case of controversial renewals or revocation matters it may be appropriate to refer these matters directly to the Planning Commission rather than to the Zoning Administrator. Staff recommends that the City Council conduct a public hearing, waive the reading and introduce the Ordinance. --~---------------------------------------------------------------- COPIES TO: Applicant In House Distribution ITEM NO. M (G:AGENDA\1996\CUPREVO) ," ." .', . .. AN ORDINANCE AMENDING SECTION 2,12,120 OF THE DUBLIN MONIC]}> AL CODE THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: SECTION 1. follows: Section 2,12,120 of the Dublin Municipal Code is hereby amended to read as 2.12.120 Zoning and planning jurisdiction - Discretion of the Community Development Director. The Community Development Director shall have the discretion to refer an application for a variance, a conditional use pennit, a parcel map or a site development review, or other administrative action for which provision is made in the City of Dublin zoning ordinance relating to any such pennits or approval (including changes, renewals, or revocations), directly to the Planning COnmllssion for action, In such cases, an appeal from the decision of the Planning Conunission shall be taken to the City Council by those parties and in the manner provided in the City of Dublin zoning ordinance. SECTION 2. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage, The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this day of May, 1996, by vote as follows: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK 2.12.095 2.12.095 Zoning and planning jurisdiction-Zoning clearance. A request for zoning clearance shall be submitted to the Planning Director. The Planning Director shall have the authority to approve or disapprove such requests. Action of the Planning Director shall be final except as provided in the city of Dub- lin zoning ordinance Section 8-92.0, Inter- pretation/Determination or Review. COrd. 6- 92 ~ 2) 2.12.100 Zoning and planning jurisdiction-Parcel map. Parcel maps shall be submitted to the Planning Director. The Planning Director shall have the authority to approve, condi- tionally approve or disapprove a parcel map. Appeals from the decision of the Planning Director regarding a parcel map shall be taken to the Planning Commission or City Council by those parties and in the manner provided in the city of Dublin zon- ing ordinance and the city of Dublin subdi- vision ordinance. COrd. 6-92 ~ 3: Ord. 23 ~ 5, 1982) 2.12.110 Zoning and planning jurisdiction-Tentative map. Submission of a tentative map shall be made to the Planning Commission. The Planning Commission shall have the author- ity to approve or disapprove a tentative map. Appeals from the decision of the Planning Commission regarding a tentative map shall be taken to the City Council by those panies and in the manner defined in Section 2.12.130. (Ord. 23 ~ 6, 1982) (Dublio 8-92) 20 ;.. 2.12.120 Zoning and planning jurisdiction-Discretion of Planning Director. The Planning Director shall have the discretion to refer an application for a vari- ance, a conditional use permit, a parcel map or a site development review to the Plan- ning Commission for action. In such cases, an appeal from the decision of the Planning Commission shall be taken to the City Council by those parties and in the manner provided in the city of Dublin zoning ordi- nance. COrd. 6-92 ~ 4: Ord. 23 ~ 7, 1982) e. .. 2.12.130 Appeals-Procedure. An appeal may be taken to the Planning Commission or City Council by any prop- erty owner or other person aggrieved or by a city officer, department, board or commis- sion affected by the action within the period and in the manner provided in the city of Dublin zoning ordinance. (Ord. 6-92 ~ 5: Ord. 11, ~ 1, 1982) ..... , - 2.12.140 Appeals-Transmittal of record. The City Clerk shall indicate upon every notice of appeal recei ved pursuant to Sec- tion 2.12.130 the date upon which it was f1led, and shall forthwith transmit a copy thereof to the Planning Director. The Plan- ning Director shall immediately make avail- able to the City Council all of the docu- ments constituting the record upon which the action appealed was taken. COrd. 1 I ~ 2, 1982) 2.12.150 Appeals-Planning Director to be represented. The Planning Director shall be represent- ed at the hearing on the appeal, in order to make known the reasons for the action taken. COrd. 11 ~ 3, 1982) e-: