22 Staff Report - Planning Commission Decisions Without Appeal3
DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 11/22/99
ITEM NO. 2Z
COUNCIL, AGENDA REPORT
November I1, 1999
MAYOR AND TO WIV'E OUNCI
TOWN MANAGER
CONSIDER TOWN COUNCIL REVIEW OF PLANNING COMMISSION DECISIONS
WITHOUT APPEAL
RECOMMENDATION:
Considet Town Council review of Planning Commission Decisions without appeal.
BACKGROUND:
This item has been referred to the Town Council for consideration from a discussion at the September 21 Mayor's
Meeting.
DISCUSSION:
At the September 21 Mayor's Meeting, the process for appeal of a Planning Commission decision by the Town Council
was discussed. Currently, the Town Code states that anyone may appeal a Planning Commission decision to the Town
Council. This would include a member of the Council. However, if a councilmember appeals a decision, they would
have to do so as a citizen and then not participate in Council discussions of the item. There was concern expressed at
the meeting that the only way for a councilmember to be able to appeal and discuss (i.e. review) a Commission decision
was to "encourage" a citizen to file an appeal. Staff suggested an appeal process used in other cities and was directed
to refer the concept to the Town Council for consideration.
A suggested Council appeal process would provide that any two members of the Town Council may initiate proceedings
for review by the Town Council of any decision made by the Planning Commission which is subject to an appeal process.
A request for the review would be made by at least two Councilmembers to the Town Clerk during any regular or
adjourned meeting of the Council held within fifteen days after the date of the Planning Commission decision. If
appealed (sometimes the process is referred to as being "called up" for review), the normal appeal process is used
including public noticing, etc. Because of Planning Commission and Town Council meeting dates, the fifteen days for
Council appeal is necessary. This would require that the public appeal period be changed from the current ten days to
fifteen days for consistency.
CONCLUSION:
If the Town Council feels that an appeal procedure is appropriate, staff will prepare the necessary Code amendments.
(Continued on Page 2)
PREPARED BY: PAUL L. CURTIS
COMMUNITY DEVELOPMENT DIRECTOR V-,
Reviewed by: Attorney Revised: 11/11/99 11:35 AM
Reformatted: 7/14/99
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT:
(November 11, 1999)
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT: None
PLC:mdc
N:\DEVIPAULPCAPPEAL.FRM