HomeMy WebLinkAboutOrdinance 2337 N.C.S. 07/06/20091
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EFFECTIVE DATE
OF ORDINANCE
August 6, 2009
Introduced by
Teresa Barrett
ORDINANCE N0.2337 N.C.S.
Seconded by
David Glass
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA 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
WHEREAS, Article VIII, .Section 55 of the Petaluma Charter authorizes the City Council to
establish such commissions as shall be necessary for the effective accomplishment of municipal
business, provided that a member of the City Council shall be a member of each commission,
commissioners' terms shall not exceed four years, and commissioners that have served
continuously for six years shall not be reappointed until at least one year has elapsed after the
expiration of fhe sixth year of service; and,
WHEREAS, the City Council of the City of Petaluma, on March 30, 2009 directed staff to
combine the duties of the Planning Commission and Site Plan and Architectural Review
Committee into a single, reconstituted Planning Commission in order to streamline, expedite and
enhance the processing and consideration of development applications in the City of
Petaluma;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Section 2.08.010 entitled "Established -Membership -Terms" of Chapter 2.08
entitled "Planning Commission" of Title 2, "Administration" of the Petaluma Municipal Code is
amended to read as follows:
2.08.020 Established -Membership -Terms
A planning commission consisting of seven members is established for this city. One of
the members of the commission shall be a member of, and selected by, the city council; the
remaining members of the commission shall be appointed by duly adopted resolution of the city
council and must have resided in the city not less than one year prior to their appointments. The
member of the commission selected from the city council shall serve until the thirty-first day of
January after the appointment 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
Ordinance No. 2337 N.C.S. Page 1
the other members of the commission hereafter appointed shall be four years; except that,
terms of up to 3 appointees may be of a lesser duration as the Council may deem necessary
and appropriate so that commissioners' terms are staggered. Subject to and without limiting the
authority of the City Council to establish and reconstitute subordinate bodies in accordance
with Article VIII, Section 55 of the City Charter, and other applicable law, any appointed
member may be removed by a vote of five members of the council.
Section 2. Section 2.08.020 entitled "Duties" of Chapter 2.08 entitled "Planning
Commission" of Title 2, "Administration" of the Petaluma Municipal Code is hereby amended to
read as follows:
2.08.020 Duties
The planning commission shall perform the duties prescribed in the present or any future
zoning ordinance (Title 21) or subdivision regulations (Title 20) of the city or any similar
ordinance, statute, rule or regulation of the state, county or this city pertaining to the districting or
zoning or dividing of the city into districts or zones or regulating the construction of
improvements, or the use, division or subdivision of property within the city. The planning
commission shall also have the duty of studying the needs of the city with respect to and
advising and recommending the council concerning the establishment, modification and
change of zones or districts and designation of the uses to which property contained therein
may be prohibited, restricted or regulated. The planning commission shall also perform the
duties prescribed in the zoning ordinance of the city or other ordinance, statute, rule or
regulation of the state, county or this city pertaining to securing of compliance with the zoning
ordinance and promoting orderly and harmonious development within the city. The commission
shall also perform the duties designated and delegated by the city council with respect to site
design and architectural review matters. The commission shall also have and perform the
powers and duties hereafter designated and delegated by the city council.
Section 3. All current seats on the planning commission are declared vacant; except
that, each sitting commissioner shall continue to serve until his or her successor qualifies and is
seated.
Section 4. Chapter 2.50 entitled "Site Plan and Architectural Review Committee" of Title 2
"Administration" of the Petaluma Municipal Code is hereby repealed in its entirety. Unless and
until otherwise provided by duly adopted amendment to the Petaluma Implementing Zoning
Ordinance, Ordinance No. 2300 N.C.S., the Central Petaluma Specific Plan, Resolution No. 2003-
105 N.C.S., and/or other land use -related laws, ordinances, regulations or policies applicable in
the City of Petaluma, references to the "Site Plan and Architectural Review Committee" or
"SPARC" in Petaluma land-use related ordinances, regulations and policies shall mean the
planning commission.
Section 5. The City Council finds that adoption of this ordinance is exempt from the
California Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b) (3) (no possibility
that the activity may have a significant impact on the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3
of the California Code of Regulations).
Section 6. If any section, subsection, sentence, clause, phrase or word of this ordinance
is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
Ordinance No. 2337 N.C.S. Page 2
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competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordihance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Section 7. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 8. The City Clerk is hereby directed to publish or post this ordinance or a synopsis
for the period and in the manner provided by the City Charter and any other applicable law.
INTRODUCED and order posted/published this 15'" day of June, 2009.
ADOPTED this 6'" day of July 2009 by the following vote:
AYES: Vice Mayor Barrett, Glass, Renee, Mayor Torliatt
NOES: Harris, Healy, Babbitt
ABSENT: None
ABSTAfN: None
~~ ,,
=f~~
Pamela Torliatt,
ATTEST:
APPROVED A~'~TO FORM:
' (1 ~J `-~
Claire .Cooper, City Clerk Eric Danly, ~ y Attorney
1243783.1
Ordinance No. 2337 N.C.S.
Page 3