HomeMy WebLinkAbout89-05RESOLUTION NO. 89-5
ADOPTING NINETY DAY STATUTE OF LIMITATIONS
FOR CERTAIN DECISIONS OF THE DANVILLE PLANNING COMMISSION
WHEREAS, certain decisions of the Danville Planning Commission be
challenged in a court of law by means of a writ of mandate pursuant
to California Code of civil Procedure, Section 1094.5; and
WHEREAS, California Code of Civil Procedure, Section 1094.6
provides that legal challenges to local agency ~'~ecisions
suspending, demoting or dismissing a Town officer or employee;
revoking or denying a permit, license or other entitlement; or
denying an application for a retirement benefit or allowance must
be brought within 90 days of sJch decision, if the provisions of
such Section have been adopted by the local agency; and
WHEREAS, the Planning Commission of the Town of Danville desires
to adopt the provisions of California Code of Civil Procedure,
Section 1094.6 in order to lend certainty to its decisionmaking
process, promote judicial economy and to better inform citizens,
employees and applicants of their legal rights; now, therefore
BE IT RESOLVED, by the Planning Commission of the Town of Danville
that the provisions of Section 1094.6 of the California Code of
civil Procedure are hereby made applicable to all Planning
Commission decisions suspending, demoting or dismissing a Town
officer or employee; revoking or denying an application for a
permit, license or other entitlement; or denying an application
for any retirement benefit or allowance; and be it
FURTHER RESOLVED, that Town staff is hereby directed to provide the
notice required by such Section to all parties affected by such
decisions. ~
ATTEST:
CHIEF
PASSED, APPROVED AND ADOPTED this 10th day of July, 1989, by the
following vote:
AYES: , Vilhauer, Hughes, Frost, Hendricks, Hunt, Wright, Hirsch
ABSTAINED:
ABSENT:C~'
C~TY ATTORNEY