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HomeMy WebLinkAboutAgenda Bill 4A 11/02/2009m CITY OF PETALUIVIA, CALIFORNIA ~~~~~~~~ ~' ~~u ~lll~::Jl`I~L~ ~~~ Agenda Title: Meeting Date: November 2, :Discussion and Adoption. of Resolutions Appointing Members to Some or 2009 All of the Seats on the Reconstituted Planning Commission Pursuant to Section 3 of Ordinance No. 2344 N.G.S. Meeting Time: 7:00 PM Category: ^ Presentation ^ Appointments' ^ Consent ^ Public Hearing ~' Unfinishe,d,Business ^ New Business Department: Director: Contact Person: Phone Number: City Clerk Claire Cooper Claire Cooper 778-4360 City Attorney Eric W. Danly Eric W. Danly 778-4362 Total Cost of Proposal or Pr,olecf: Prospective costs of Name of Fund: General Fund new Planning Commission appointees would be training and_support costs; which maybe offset by revenue resulting Account Number: 1100 from enhancements to the City's development process Amount Budgeted: None. Current Fund Balance: $1,200,000 .Recommendation: It is recommended hat the City Council take the following action: Appoint members to some or all of the seats on the reconstituted Planning Commission pursuant to Section 3 of Ordinance No. 2344 N.C:S., adopted on September 21, 2009. 1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading 2. ^ FirsYreading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second reading; see Attachment 3. ^ Other action requiring special notice:' Notice has been given, see Attachment 9 Summary Statement: On July 6, 2009, the City Council adopted Ordinance No. 2337 N.C.S., amending.the Petaluma Municipal Code to eliminate the Site Plan and Architectural Review Committee (SPARC) and combine SPARC's duties with those of the Planning Commission. The same day the Council also adopted Ordinance No. 2339, amending the Implementing Zoning Ordinance (IZO).and Ordinance No. 2338, making-similar changes to the Central Petaluma Specific; Plan SmartCode~ to remove. references to SPARC and conform the IZO and SmartCode© text .to the Municipal'. Code change. On July 20, 2009, the Council adopted Ordinance No. 2340, a fourth ordinance clarifying that,amendments to zoning ordinances which. do not affect land use, zoning and building or development standard's do not require pr-ior Planning~Commission review. Three sitting Planning Commissioners filed a writ action- to challenge the Council's actions on the last three ordinances and the Council's subsequent appointment of replacement Planning. Commissioners, in part on the basis that the amendment ordinances were not first referred to the Planning Commission for review and recommendation. To cure that alleged procedural defect, the City Council: referred replacement legislation to the existing Planning Commission for review. On September 8,.2009; the. Planning Commission reviewed the three replacement ordinances. After that. review and consideration of the Planning Commission's comments, the three ordinances and a fourth replacement ordinance, Ordinance No. 2344 N.C.S.~,. making amendments to the Petaluma Municipal Code to effect the consolidation. of SPARC and Planning Cornmission;~wereadopted by the City Council on .September 21, 2009. The replacement ordinancestake-effect on October2l, 2009. Ordinance No. 2344 N.C.S. also expressly elects to treat the Planning Commission as a reconstituted.body after the alteration in its duties, and clarifies the authority of the Council to appoint°new members to some or all of-the seats on the reconstituted Planning Commission. Pursuant to Ordinance No. 2344, the Council has' the power to appoint the commissioners appointed on July 6, 2009 to some or all of the seats on the reconstituted Planning Commission. The Council also has the power to retain some or all of the sitting commissioners or appoint different members from the pool of applicants.. The applicants listed in Attachment 1 were part of the pool of applicants considered on July 6, 2009 and have confirmed their continued willingness to serve. The Council should also appoint a sitting Council member to serve.as a voting commissioner;and Council liai"son to the Planning Commission. Attachments to Agenda Packet Item: 1. Applications of prospective appointees. 2. List of current.Planning Commission members;. expiration of terms, and vacant seats. 3. Draft resolutions appointing citizen commissioners. 4: Draft resolution appointing City Council. laison/commssion member. Reviewed 6 ,F'inance,Director: Reviewed by City Attorney:. A .rove Ci ana er: D te'c ` D~ d ~- Date• io 22~oq Date: ~~'- -d Rev: #' , ~ ~ Date.Last Revised: File: CI~'~' OF' PE'TAL><JMA, CALIFOR1vIA November 2,2009 AGENDA REPO~tT FOR Y)ISCUSSION AND POSSIBLE ADOPTION OF,RESOLUTIQNS APPOINTING MEMBERS TO SOME OR ALL OF THE SEATS ON THE RECONSTITUTED PLANNING COMMISSION- PURSUANT TO SECTION 3 OF ®RDINANCE NO. 2344 N.C.S. 1. RECOMMENDATION.: Appoint members to some or all of the seats on the reconstituted Planning Commission pursuant to Section 3 of Ordinance No. 2344 N:C:S., adopted on September 21, 2009. 2. BACKGROUND: On March 30, 2009, while reviewing the recommendations of the Development Code Advisory Committee, the City Council directed staff `to combine the duties of the Planning Commission and the Site Plan 'and Architectural Review Committee ("SPARC") into a single Planning Commission. Per that request, staff prepared a series of ordinances that would abolish SPARC, expand the duties of the Planning Commission to include .site plan and architectural review, require the appointment of all new members to full the seats on the reconstituted Planning Commission, and amend provisions. of the Implementing Zoning Ordinance and SmartCode° that refer to SPARC to refer to the Planning Commission. On June 15, 2009, the Council introduced an ordinance to amend the Petaluma Municipal Code o abolish SPA. RC and assign SPARC's site plan and design review duties to a newly reconstituted Planning Commission. Two other ordinances were also introduced to amend the Implementing Zoning Ordinance (IZOj and SmartCode to substitute references to the Planning .Commission for ..references to SPARC to conform the IZO and SmartCode© text to the Municipal Code amendment abolishing SPARC and reassigning its former duties. These ordinances were adopted on July 6, 2009. A fourth ordinance amending the IZO to clarify which proposed zoning amendments must. be reviewed by the Planning Commission. was introduced on July 6, 2009 and adopted on .July 20; 2009. Because the three ordinances which affected the IZO were procedural changes that did not modify any land use, zone, development standard, regulation of structures or other use of property within the City, and therefore raised no issues of General Plan consistency, the three Council-.initiated amendments were not first referred to the. Plaruling Commission for hearing. On.July 6,'20,09, by Resolutions No. 2009-102A -:102-F, the Council:appointed six Commissioners to the reconstituted Planning Commission, effective upon the effec"tve date of the: Nlunicpat Code amendment altering the Commission's responsibilities. The Council also appointed Theresa Barrett. to sit as the Council liaison and member of the Commission. On August 3, 2009 a writ petition, was. filed. and served on behalf of Commissioners Rittenhouse, Miller, and' Burton, challenging the City Council's actions on the zoning and SmartCode© amendments and the Council's replacement of commissioners with the July 6 appointees to the reconstituted commission,, seeking reinstatement of petitioners and demanding costs and attorneys' fees. One basis for the challenge was the allegation that at the time of'the consolidation ordinance and the conforming changes to the IZO, the IZO provided that all amendments to the IZO must be heard by the Planning Commission prior to adoption, pursuant to IZO Sections 25.010 and 25.040. The City Council chose to re-adopt the legislation and cure the alleged procedural defect by referring the IZO and SmartCode© amendments to the Planning Commission. That review took place on September 8,2009: On September 21, 2009, the City Council readopted the IZO and SmartCode© amendments, and a fourth replacement ordinance, Ordinance No. 2344 N.C.S., amending the Petaluma Municipal Code to effect the consolidation of SPARC and Planning Commission. 3. DISCUSSION: Section 1 of Ordinance No. 2344 N.C.S,, amending Section 2.08.010 of the Municipal Code provides,. 'in part, that following amendment of the composition or duties of the Planning Commission, the City Council may elect to "...treat the commission as a reconstituted body and appoint new commission members to occupy some or all of the seats on the reconstituted commission...." Section 3 of Ordinance No. 2344 expressly provides, in part, that "...the City Council elects to treat the Planning Commission as a reconstituted body and to appoint new commission members to occupy some or all of the seats on the reconstituted commission. Such appointments shall be by duly adopted City Council resolution." This appointment action implements the City Council's intention in its adoption of Ordinance No. 2344. The appointments will take effect when new commissioners .are seated at a Planning Commission meeting held after October 21, 2009; the effective date of Ordinance No. 2344. 4. FINANCIAL IMPACTS: There are no anticipated prospective costs resulting from appointing new Planning Commission appointees to ,succeed sitting members. 1304927.3 k ity of Petaluma, California Applicants to the Planning Commission November 2, 2009 ® Six vacancies for citizen members for four-year terms expiring June 30; 2013. ® To establish staggered term-ending .dates, up to three members may be appointed for one-, two-; or three-year terms. • These applicants confirmed with the City Clerk's Office byMonday, October 26, 2009, 5:00 p.m. their continued interesf in serving. Last First ~ _ __ - Abercrombie Melissa Address ~ Phone - .221:'/2-B Vallejo,Street; 94952 707.773.3738 E-Mail - - - oldeastpefali rnd@:yahoo.com Arras Christopher 5T7 Larch Drive, 9495.2 - 707.782'.0404 cearras@grnail.corn Axelrod. Erin 522 East 'D' Street, 94952 707.762.4125. eringxelrod@gmdil:com Burton Spence 313 Smith Drive, 949.52 707.763.9082 planningcommmissiori@spenceburton.com Elias •Dennis 222 12th Street, 94952 707.77`6.06Q8 dsfevenelias@yahoo.com Herries Alicia Kae 1 O1 Belle View Avenue; 94952 n/a akherries@comcdst.net Hranac Rob 107 Sixth. Street;. 94952 - 510.290.5496 rob.hranac@gmail:com :Hurley Marianne 15 Howard Street, 94952 707.775.4458 marianne.hurley@.sbcglgbal.net Johansen Curtis 1004 Glen Eagle Drive, 94952 707.773.3931 curt@triadcommunities.com Johnson Ray 206 Park Place Drive, 94954 707:766:8714 rayvs@pacbell.net- .Jones Ross 215 Lena.Lane, 94952 707.981.7144r rossjones@hotmail.com .Kosewic~ John "Terry" 826 'D' Street, 94952 707:762:0602 terry@kozyhomes.com Lewis-Gehring Jasper 1 19'Howard Street, 94952 415.717.7433 jasper@summit-sr.com .Miller Kathleen 2103.Rosemary Court, 94952 707.781.3952 kmillerhome@comcast.net Pierre: Jennifer 329 Smith Drive, 94952 707.776.4521 jenpierrepetaluma@yahoo.com Rittenhouse. Jack 502 Selmart Lane, 94954 707.981.7626 jwr3design@aol.com C ity of Petaluma Planning Commission as of Jvly 1, 2009 Name Address Phone E-Mail Term Arras, Christopher 51.7 Larch: Drive, 94952 n/a cearras@gmail.com 7/ 1 /06 - 6/30/ }0 Barreff, Teresa, Council'Liaison P.O. Box:901, 94953 707.953.0846 teresa4petaluma@comeast.net 2009 Burton, Spence 31.3 Smith prive, 94952 707.763'.9082 PlanningCommission@spenceburton.com 7/1 /07 - b/30/1 1 Miller, .Kathy 2103 Rosemary Court., 94954 707.781.3952 kmillerhorne@comcasf.net 7/ 1 /06 - 6/30/ 10 Ri1#enhouse, Jack. Ilf 502 Selrnart Lane, 94954 707.981...7626 Jwr3design@aol.com 7/1 /08 - 613011 2 VACANT - 6/30/13 VACANT - 6/30/13 -~ PPOINTING TO THE PLANNING COIVIIVIISSION WI~EREAS, the `Petaluma City Council, at its September 21; 2009 Regular Meeting, adopted Ordinance 2344 N,C.S'. amending Chapter 2,08 of the Petaluma Municipal Code governing the Planning. Commission and repealing Chapter: 2.50 of the Petaluma Municipal Code governing the .Site Plan and Architectural Review Committee to .consolidate Planning Commission and architectural review responsibilities'n asingle, reconstituted Planning Commission; and WHEREAS, Ordinance 23'44 N.C.S., became effective. on October 2,1, 2009; and W~~IEREAS, Petaluma Municipal Code Section 2.0.8,-010; as,amended by Section 1 of Ordinance 2344 N.C.S. provides, in part, that "...Following amendment of the composition or duties of the commission as specified in this chapter, the council may elect to treat the commission as a reconstituted body and appoint new commissioners to some or all of the seats on the reconstituted commission.....,"' and that the "five vote requirement for removal of individual members does not apply when the city council has' amended the composition or duties of the planning commission~and elects to treat the commission as a reconstituted body and appoint new commission members in accordance with this seetign;" .and WIIEREAS; Petaluma Municipal Code Section 2:08.01`0 furtlierprovides that, "The member of the.commission selected-from the city council shall serve-'until the thirty-first day of January of the year :following the year in which the city council. member was appointed and until a successor qualifies and is seated, or until he/she ceases to be a member of the city council, whichever first occurs. Terms of office for each of the other'members of the commission hereafter appointed shall be four years; except that, terms of up to 3 appointees maybe of a lesser duration as the city council may deem necessary and appropriate so that commissioners' terms are staggered..."; and WHEREAS, Section 3 of Ordinance 2344 N.C.S. provides;; in part, that following the amendments made by Ordinance 2344;_ "In accordance with.PetalumaMunicipal Code Section 2.08:0.1.0,, the City Council elects to treat the Planning Commission as a reconstituted body and to appoint new commission members to occupy some or,all of the seats on the reconstituted commission. Such appointments shall be byduly adopted City Council resolution. Each sitting corrirnissoner shall serve on the reconstituted commission unless and until a new member is appointed to succeed him or her, qualifies and is seated." N(~W, ~T>EIE~REFORE, BE IT RESOLVED that the Petaluma City Council appoints to the Planning Commission o succeed' sitting Commissioner for a term beginning: when said appointee is seated at a meeting of the Planning Commission taking place on or after the effective date of Ordinance No 2344 N.C.S and expiring June 30, or until :his or her successor qualifies and is seated. BE IT FURTHER RESOLVED that this resolution shall take immediate effect but that no such appointment shall be effective until the effective date of Ordinance No. 2344N,C.S. 1308792. 9v`~ PPOINTING AS CITY COUNCIL LIAISON AND MEMBER OF TIIE PLANNING COMMISSION WI~EREAS, the Petaluma City Council, at its September 21, 2009 Regular Meeting, adopted Ordinance 2344 N.C.S. amending Chapter 2.08 of the Petaluma Municipal Code governing the Planning Commission and repealing Chapter 2.50 of the Petaluma Municipal Code governing the Site Plan and Architectural Review Committee to consolidate Planning Commission and architectural review responsibilities in a single, reconstituted Planning Commission; and, WIIEREAS, Ordinance 2344 N.C.S., became effective on October 21, 2009; and WI-IEItEAS, Petaluma Municipal Code Section 2.08.010; as amended by Section 1 of Ordinance 2344 N.C.S. provides, in.part, that "Following amendment of the composition or duties of the commission as specified in this chapter, the council:may elect to treat the commission as a reconstituted body and.appoint new commissioners to some or all of the seats on the reconstituted commission...." and that the "five. vote requirement for removal of individual members does not applywhen the city council has amended the composition or duties of the planning commission and elects to, treat the commission as a reconstituted body and appoint new commission members in accordance with this section;" and WIIEREAS, Petaluma Municipal Code Section..2.08.010 further provides that, "The member of the commission selected from the city council shall serve until the thirty-first day of January of'the year following the year in which the city council member was appointed and until a successor qualifies and is seated, or until he/she ceases to be a member of the city council, whichever first occurs..."; and WIIER~AS; Section 3 of Ordinance. 2344 N:C.S. provides, in part, that following the amendments made by Ordinance 2344, "In accordance with Petaluma Municipal Code Section 2.08.010, the City Council elects to treat the Planning Commission as a reconstituted body and to appoint new commission members to occupy some or all of'the seats: on the reconstituted commission. Such appointments shall be by duly adopted City Council resolution. Each sitting commissioner shall serve on the reconstituted commission unless and until a new member is appointed to succeed him or her, qualifies and is seated."; and NOW, TIIEI2EFORE, BE IT RESOLVED that the,Petaluma City Council appoints to the Planning Commission for a term beginning when said appointee is seated at a meeting of the Planning Commission taking place on or after the effective date of Ordinance No 2344 N.C.S and. expiring January 31, 201.0, or until a successor qualifies and is seated, or until he/she ceases to be a member of-the city council, whichever first occurs. BE IT FURTIIER RESOLVED that this resolution shall take immediate effect but that no such appointment shall be effective until the effective date of Ordinance No. 2344 N.C.S. 1308797 iy?