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HomeMy WebLinkAboutAgenda Bill 4D 09/14/2009CITY OF PETALUMA~ CALIFORNIA September 14, 200 AGENDA ILI., Agenda Title: Discussion and Possible:Introduction of Ordinance Meeting Date: September 14, Amending Provisions of Chapter 2.08 of the Petaluma Municipal Code 2009 Governing the Tenn"s and Duties of.the Planning Commission, .Electing to Treat the Planning Commission as a Reconstituted Body and. Appoint New Meeting Time: 7:00 PM Planning Commissioners to Occupy Some or All ofthe Seats on the Reconstituted Cornmssion,: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 aSingle, Reconstituted Planning Commission, and. RepealingOrdinance No. 2337 N.GS. Adopted;July 6, 2009 Cate~orV: ^ Presentation ^ Appointments ^ Consent ^ Public Hearing ~ Unfinished. Business _ ^ New Business IDeAartment: Director: Contact Person: Phone Number: City Attorney City Attorney ~ Eric Danly 778-4362 Total Cost of,Proposal or Proiect: Name of -Fund: Amount 13ud~eted: Account Number: Current Fund Balance: Recommendation: It is recommended that the City Council take the following action: By motion introduce (conduct first reading. of }the ordinance attached as Attachment A. 1. ^ First reading of.Ordinance approved unanimously; or with unanimous vote to allow posting prior to second reading 2. ^ First reading 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 s, 9 Summary Statement: bri March 30, 2`009, while re"viewing 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 F .ordinances that would abolish, SPARC, expand the duties of the ,Planning Commission to include site plan: and architectural review, require he appointment of all new members to fill 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: The. City Council adopted an ordinance abolishing SPARC .and assigning' site plan and architectural review duties to 'a. newly.reconstituted Planning Commission as Ordinance 2337N.C.S. on July 6, 2009. The ordinance took effect on August 6; 2009. On August 3, 2009, a petition was filed on behalf of,Plarining Commissioners Rittenhouse, Miller, and Burton; and served on the City challenging the City Council's action to reconstitute the Planning Commission and appoint new commissioners to the reconstituted body, and seeking reinstatement of the petitioners and costs and attorneys' fees. Petitioners'' challenge to Ordinance 2337 N.C.S. is based on an argument that removal of any Planning Commissioner .prior to expiration of his or her term requires five votes under Section 2.08.010 of the Petaluma Municipal Code.. The general purpose and intent of the ordinance attached as Attachment A is to reconstitute the Planning Commission as a subordinate body wth'site plan and architectural review duties, provide for appointment of new planning commissioners to the reconstituted body, clarifythat following amendment of the Planning Commission composition or duties, appointment of new planning commissioners is not subject to a super majority.vote requirement, and replace Ordinance 2337 N.C.S: adopted July 6, 2009. Attachments to Agenda. Packet Item: A. Proposed Ordinance Amending Provisions of .Chapter 2.08 of the Petaluma Municipal Code Governing the Terms and .Duties of the Planning Commission; Electing to Treat the Planning Commission as a Reconstituted Body and Appoint.New Planning Commissioners to Occupy .Some: or All of the Seats on the Reconstituted Commission, Repealing Chapter 2.50 of the Petaluma Municipal Code Governing the Site Plan and Architectural Review Committeeto Consolidate Planning Commission and Architectural Review Responsibilities' in aSingle, Reconstituted Planning Commission, and Repealing Ordinance No. 23.37 N.C:S. Adopted July 6, 2009 (Clean CopY), B: Proposed Ordinance Amending Provisions. of Chapter 2:08 of the Petaluma Municipal Code Governing the Terms and Duties of the Planning Commission, Electing to Treat the,.Planning Commission as a Reconstituted Body and Appoint New Planning Commissioners to Occupy Some or All of the Seats on the Reconstituted Commission, 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 Repealing Ordinance No. 2337 N.C.S. Adopted July 6, 2009 (Redline) C. Ordinance No. 2337 N.C.S Adopted July 6, 2009 D. Writ Petition Filed on Behalf of John W. Rittenhouse III, et al. .'Re iewed b. Finance Director:. Reviewed by City Attorney: A roe b i Mana er: `, Date: ~ /(j, .Date: Date: 9-~0~- Rev. # ~ Date Last Revised:' File: 1 „' . Z CITY OF PETL~I,UMA, CALIFORNIA SEPTEMBER 14, 2009 AGENDA 12EPOItT FOR T9iscussion:and Possible~Introduction of.0a-dinance:Amending Provisions of Chapter 2.08 of the Petaluma 1Vlunicipal Code Governing the Terms and Duties o_f, the Planning Commission, Electing to Treat the Planning.Commission as. a:.Reconsttuted .B'ody and Appoint New Planning Commissioners to Occupy Some or AIl~of the Seats on the Reconstituted Commission,'Repealing Chapter 2.50 of the Petaluma Municipal Code Governing the Site-Plan :and Archtectural,Iteview Committee to Consolidate Planning Commission and Architectural Review $fespon§ilbilities in a Single, Reconstituted Planning Commission, and Repealing Ordinance No.;233Z NCS. Adopted July 6,.2009 RECOMMENDATION; By motion'ntroduce (conduct fist reading of) the ordinance attached as; Attachment A. 2. BACKGROUND: On 1Vlarch 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 Architeefural 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 alI new members to .fill the seats on the reconstituted :Planning Commission, and ariiend provisions of the Implementing Zoning Ordinance and SmartCode© that refer to SPARC'to refer to the Planning Commission. The City Council adopted an ordinance abolishing SPARC and ;assigning site plan and architectural. review duties to a newly reconstituted Planning Commission as Ordinance 2337 N.C.S. on July 6, 2009. The ordinance took effect on August 6, 2009. On August 3, 2009, apetition-was filed on behalf of Planning Commissioners Rittenhouse, .Miller, and Burton, and served on the City.challenging the City Council's action to reconstihite the Planning Commission and appoint :new commissioners to. the reconstituted body, and `seeking reinstatement of the petitioners and costs and attgrneys' fees. Petitioners' challenge to Ordinance 23`3:7 N.G.S. is'based on an argument that removal of-any Planning Commissioner prior'to expiration of his or her term requires fire votes under Section 2.08.010 of the 'Petaluma Municipal. Code. 3'. 1)ISCUSSIbN: The ;general purpose. and intent of the ordinance attached as Attachment A,is to reconstitute the `Planning Commission as a subordinate body with site plan and architectural review duties, provide for appointment of . new planning commissioners to-the reconstituted body,- clarify that following arnendrnent of the Planning Commission composition or duties; :appointment of view planning commissioners is not subject to a super majority vote requirement, and replace Ordinance 2337 N.C;S. adopted July 6, 2009. In addition, the recitals in :the ordnance'have been expanded to provide additional' detal:cgncernngtbe City Council's ample ' constitufonal,and charter :authorityto carry out the proposed changes concerning two of its subordnate~bodes. ~,. ~, 1Vlore partcularly,'the;proposed.ordinance.is intended to: a. clarify the duration of the term of the City Council. member selected as a Commissioner; b. clarify that the'City Council: may treat the Planning Commission as a reconstituted body following amendment of the composition~or duties of'the:Planning Commission, and appoint new Commission members to occupy some or all of the seats: on the reconstituted Commission, and that-such appointment of new members, following°amendment of the composition or duties. of the Planning Commission is not subject to the 'five vote requirement that applies to removal of'ndividual commissioners in situations not involving amendment of the composition or duties of the.,Plannrig Commission; c. assign site plan and architectural review duties to tfie Planning Commission; d. specify that the' City-Council elects°to treat the'Planning'Commssion as a reconstituted body based on amendments to the Planning Commission's duties, :and to appoint new Commission members to some or all ~of the seats on the,reconstituted Commission; e. provide'that'each sitting Rlanning Commissioner shall. continue to serve on the reconstituted Commissionunless'ard until a new member'is, appointed to;succeed.him or her; qualifies and is seated; f. abolisfi:theSite Plan and Architectural Review Committee; and provide that references to the Site Plan and Architectural, Review Committee in City of,Petaluma land use enactments shall~mean the Planning Commission unless: and until such. enactments>are amended; ;and g. repeal Ordinance No.2337N,C.S.adoptedJuly6,;2009,n.tsentirety. The. proposed ordinance is in response tb,the-writ. petition alleging a procedural defect in the Council's prior adoption of Ordinance 2337 N.C.S. fio.cure~and resolve the~aheged defect, the proposed ordinance further clarifies that the Council's appointment of new Planning Commissioners following amendment of the duties of the Planning Commission and the Council'. s election to .treat`,the Planning Commission as a reconstituted body is not subject to a five vote requirement. 4. FINANCIAL IMPACTS: The financial. impacts of the proposed ordinance;include the cost of staff time to prepare the ordinance and' staff materials for consideration and possible action by the City Council, as well as. potential cost recovery revenue, development. and capacity fee revenue;.'and economic.development impacts and other~possible revenue resulting from enhancements to the Cify's development :approval process. 1292224_1.DOC ERFECTIVE'DATE ORDINANCE NO. N.C.S. ° OF ORDINANCE 1 Introduced by Seconded by 2 3 4 _ 5 , 6 7 ORDINANCE OF THE' CITY COUNCIL OF THE~CITY OFPETALUMA AMENDING. PROVISIONS . 8' OF CHAPTER 2;08 OF THE PETALUMA MUNICIPAL CODE GOVERNING THE TERMS AND 9 DUTIES OF THE PLANNING COMMISSION, ELECTING TO TREAT THE PLANNING 10 COMMISSION AS A RECONSTITUTED BODY AND APPOINT.NEVV PLANNING 11 COMMISSIONERS TO OCCUPYSOME OR ALL OF_THE SEATS ON THE RECONSTITUTED, '` 12 CO'MMISSION~ REPEALING CHAPTER 2.50 OF THE PETALUMA MUNICIPAL CODE 13 GOVERNING THE SITE" PLAN AND ARCHITECTURAL REVIEW COMMITTEE`TO CONSOLIDATE 14 , PLANNING' COMMISSION A_ND;ARCHITECTURAL REVIEW RESPONSIBILLTIES IN A SINGLE, 15 RECONSTITUTED PLANNING COM'M'ISSION, AND `_REPEALING ORDINANCE N0.2337 N.C.S. 16 ADOPTED JULY 6, 2009 17 18 19 WHEREAS, Article 11„ Section 5 of the California Constitution provides in pertinent part 20 that any city charter may provide~for the enforcemeht of all ordinances and regulations 21. concerning municipal affairs, subject only to imitations provided in the charter, and that city 22 charters may provide for, among other things, subgovernmen# in all or part of the city; and 23 . 24 WHEREAS, Article 11, Section 7 of the California Constitution provides in pertinent part 25 that cities may make and enforce within their limits all; local polce;.sanifary and other 26 ordinances and regulations not in conflict with the~generat laws; and 27 28 WHEREAS, Article VIII, Section: 54 of the Petaluma Charter provides that the City, by and 29 through its Council, and other officials; shall have and may.exercise all powers necessary or ;. 30 appropriate to the municipal corporation and the general welfare of its inhabitants which., are 31 ,,not prohibited by the constitution and that could be competently set forth in the Charter;: and 32 . #hdt specification of particular powers in the Charter shall not be held to limit the general grant 33 of powers;. and 34 35 WHEREAS, Article VIII, Section 55 of the Petaluma Charter authorizes the City Council to 36 establish such=commissions: as shall be necessary for the effective accomplishment of municipal 37 business, provided that a member of the City Council shall be a .member of each commission, 38 ~ .commissioners' terms° shall not exceed four years, and .commissioners that have served 39 continuously for`six years shalt not be reappointed until at least one year has elapsed after the 40 expiration of the sixth year of service; and, 41 42 WHEREAS, the. City's police power and power to provide for subgovernment underthe 43' California Constitution and.the City Gouneil's power to establish such commissions as shall be L,T~'L~CI'~MEI~~' L~ L:' 'Ordinance No. N.C.S. Page 1 t"J. 1 necessary forfhe effective accomplishment of municipal business under Article VII, Section. 55 of 2 the: Petaluma Charter necessarily include the power to create, abolish, consolidate, and 3 reconstitute bodies subordinate to the City Council; and to otherwise amend legislation 4 authorizing 'and governing such subordinate bodies; and 5 6 WHEREAS, .the City Council of the Cify of Petaluma, on March 30, 2009 directed staff to 7 .combine the duties of'the Planning Commission and Site Plan and Architectural Review 8 Committee ~"SPARC") into a single, reconstituted Planning Commission in order to streamline, 9 expedite Arid enhance the processing and consideration of development applications in the 10 City of Petaluma; and 11 12 WHEREAS, on June 15, 200,9, the City Council introduced an ordinance to amend the 13 Petaluma Municipal Code to abolish SPARC and .assign-SPARC's site plan and design review 14 duties to a newly reconstituted Planning Commission; and 15 16 WHEREAS, the City Council,adoptedsuth ordinance abolishing SPARC and assigning site 17 plan and architectural review duties'to a newly reconstituted Planning Commission as 18 Ordinance 2337 N.C.S. on July b; 2009, and such ordihance took effect on August b, 2009; and °19 20 WHEREAS; on August 3,.2009 a petition was filed~on behalf of Planning Commissioners 21 Rittenhouse, Millet, and Burton, and served on the .City challenging the City Council's action to 22 reconstitute the Planning Co.mrnission and appoint flew commissioners to the reconstituted 23 -body, aria seeking reinstatement of -the petitioners and costs and attorneys' fees; and 24 , 25 WHEREAS, petitioners' challenge to Ordinance 2337 N.C.S. is based on an argument that 26 removal of any Planning Cornmissiorier prior to expiation of his or her term requires a vote of five 27 Council members under Section 2.08:010 of the Petaluma Municipal Code; and 28 29 WHEREAS; the general purpose and intent of this ordinance is to reconstitute the Planning 30 Commission as a subordinate body with site plan and architectural review duties, and more 31 particularly, this ordinance is. intended to: 32 33 a. clarify the duration of the term of the City Council member selected as a 34 Commissioner; 35 b. clarify that: the City Council _may treat the Planning Commission as a reconstituted 36 body following amendment of Elie composition or duties: of the Planning Commission, and 37 appoint new Commission members to occupy some or alb of the seats on the reconstituted 38: Commission, and'that such appointment of new members following amendment of the 39composition or duties of the Planning .Commission is not subject to the five vote requirement that 40 applies to removal .of individual commissioners in situations not involving amendment of the 41 composition. or duties. of the Planning Commission; ' 42 c. assign;site plan and architectural review duties'to the Planning. Commission; 43 d. ~ specify that the City Council elects to treat the Plarining Commission as a 44 reconstituted body based on amendments to'the Plahnirig Commission's duties, and to appoint 45 new Commission me.rribers to some or aA of the seats on the reconstituted Commission; 46 e. provide thaf each sitting Planning Commissioner shall serve on the reconstituted 47' Commission unless and until a new member is appointed to succeed him or her, qualifies and is 48 seated; 49 f. abolish the Site Plan and Architectural Review Committee, and provide that 50 references to the Site Plan and Architectural Review~Cornmittee in City of Petaluma land use 51 enactments shall mean the Planning Commission unless and until such enactments are 52 amended; and Ordinance No. N.C.S. Page 2 ~o . 1 g. repeal. Ordinance No. 2337 N.C.S. adopted July 6, 2009 in its entirety. 2 3 NOW; THEREFORE; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 4 FOLLOWS: 5 6 Section 1. Section 2.08.010 entitled "Established -Membership -Terms" of Chapter 2.08 7 entitled "Planning Commission" of Title 2, "Administration" of the Petaluma. Municipal Codeis 8 amended: to read as follows: 9 10 2.08.010 Established -Membership -Terms 11 12 A planning .commission consisting of seven members is established for this city. One of 13 the members of the cornrnission shall be a member of, and elected by, the city council; the 14 remaining, members of the commission shall be appointed by duly adopted resolution of the city 15 council and must have resided ih the city not less than one~year prior to their appointments. The_ 16 member of the commission selected from the city council shall serve until the thirty-first day of 17 January of the year following the year in which. the city council member was appointed and 18 until a successor qualifies and is seated, or until he/she ceases to be a member of the city 19 council, whichever first.occurs. Terms of office for each df the other members of the commission 20 hereafter appointed shall be four years; except that; terms of up to 3 appointees may be of a 21 lesser duration as the city council may deem necessary and appropriate so that commissioners' 22 terms are staggered. Following amendment of the composition or duties of the commission as 23 specified in this chapter, the council may elect to treat the commission as a reconstituted body 24 and appoint new commission members..to occupy some or alf of the seats on the reconstituted 25 commission. Subject to and without limiting or otherwise affecting the authority of the city 26 council to establish and reconstitute subordinate `bodies in accordance with Article VIII, Section 27 55 of the CityCharter, this section, and ..other applicable law, any individual appointed .member 28 may be removed by a vote of`five members of the council Such five-vote requirement for 29 removal of individual members does not apply when the city council has amended the 30 composition or duties of the planning commission and elects to treat the commission as a 31 reconstituted body and appoint new commissioh members. in accordance with this section.. 32 33 Section 2. Section 2.08:020 entitled "Duties" of Chapter 2.08 entitled "Planning 34 Commission" of`Title 2, "Administ'ration" of the Petaluma Municipal Code is hereby amended to 35 ..read as follows: 36 37 2.08.020 Duties: 38 39' The planning commission shall perform the duties.prescribed in the present orany.future 4Q zoning: ordinance (Title 21J or subdivision regulations (Title 20)' ofi the city or any similar ordinance; 41 statute, rule or'regulation of the state, county or this city pertaining to the districting orzoning or• 42 dividingof the city into district's or zones orregulating the construction of improvements, .or the 43 use, division or subdivision of property within the city. The planning commission shall also have 44 the duty of studying the needs of the city with respect to and advising and recommending the 45 council concerning the establishment, modification and change ofzones or districts and 46 designation of the~uses to which property contained therein may be prohibited, restricted or 47 regulated. The planning commission.shall also perform.the duties prescribed in the zoning 48 ordinance of the city or o#her ordinance, statute, rule or regulation of the state, county or this 49 city pertaining tq•seeuring of:compliance with the zoning ordinance and promoting orderly and 50 harmonious developmehf within the city. The commission shall also perform the duties 51 designated and delegated by the city council with respect to site design. and architectural Ordinance No. N.C.S.; Page. 3. ~ 1 review matters. The commission shall also. have and perform the powers and duties hereafter 2 designated and delegated by the city council. • 3 4 Section 3. Based,on amendment of the Planning Commission duties specified in 5 Petaluma Municipal Code Section 2.08.020 to include site.design. and architectural review, and 6 in accordance with Petaluma Municipal Code: Section 2.08.010, the City Council elects to treat 7 th.e Planning Commission as a reconstituted body and to appoint new commission members to 8 occupy some or all of the seats on the reconstituted commission. Such appointments shdll be 9 by duly adopted City Council resolution. Each sitting commissioner shall serve on the 10 reconstituted Commission unless and until a new member is appointed to succeed him or her, 11 qualifies, and is seated. 12 13 Section 4. Chapter 2.50 entitled "Site Plan and Architectural .Review Committee" of Title 2 14 "Administration" of the Petaluma Municipal Code is hereby repealed in its entirety. Unless and, 15 until otherwise: provided by duly adopted amendment to the .Petaluma Implementing Zoning 16 Ordinance, Ordinance No. 2300 N.C.S., the SmartCode©, Ordinance No. 2152 N.C.S., and/or 17 other land'use: -relatedlaws, ordinances, regulations or policies applicable in the City of 18 Petaluma, references to the "Site Plan and Architecfurdl Review Committee" or "SPARC" in 19 Petaluma land-use related ordinances, regulations and policies shall. mean. the Planning 20 Commission. 21 22 Section 5. Ordinance 2337 N.C.S. adopted July 6, 2009, is hereby repealed in its entirety. 23 24 Section 6. The City Council finds that adoption of this ordinance is exempt from the 25 California Environmental Quality Act ("GEQA"), pursuant to Sections 15061(b) (3) {no possibility 26 that the activity may have a significant impact on the environrne_nt) and 15060(c) (3) (the 27 •activity is not d project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 28 of the California Code of Regulafions). 29 30 Section 7, If any section, subsection, sentence, clause, phrase or word of this ordinance 31 is fqr any reason held to be unconstitutional, unlawful or otherwise invalid by a court of 32 competent jurisdiction or preempted by state legislation, such decision or legislation shall not 33 affect the validity of the remaining portions of this ordinance. The City Council of the City of 34 Petaluma hereby declares that. it.would have passed dnd adopted this ordinance and each 35 and all provisions thereof irrespective of the fact that,,any one or more of said provisions be 36 declared unconstitutional, unlawful or otherwise'invalid: 37 . 38 .Section 8. This ordinance shall become effective thirty (30) days afterthe date of its 39 adoption bythe Petaluma City Council. 40 41 Section 9. The City Clerk is hereby directed to .publish or post this ordinance or a synopsis 42 for the period. and in the manner provided by the City Charter and any other applicable law. 43 44 :INTRODUCED and order posted/published this 14th day of September, 2009. 45 46 ADOPTED this day of 2009 by the following vote: 47 48 AYES: 49 NOES: 50 ABSENT: Ordinance No. N.C.S. Page 4 1 ABSTAIN: 2 3 4 5 Page 5 q EFFECTI-VE DATE Off''' ORDINANCE' ORDINANCE NO: N.C.S. 1 Introduced, by Seconded by ~3 ~. ~,l 4 Teresa Barrett David Glass 5 .' 6 ~: T ORDINANCE OF THE CITY COUNCIL OF THE,CITY OF PETALUM~A,AMENDING PROVISIONS ~ ` ` 9 ` DUT ES OF THE PLANNING COMMISSIONCI~PE 'ODEN~ T ERNING THE TERMS AND ~ .. ~ _ _ O TREAT THE PLANNING: L CT ~ ~ 1Q COMMISSION AS A RECONSTITUTED BODY AND APPOINT'NEW PLANNING ~. .- . ,11 COMMISSIONERS TO OCCUPY SOAAE OR ALL OFTHE SEATS ON THE RECON~ ILT~ITED I' ,° _ 12 ~t7N1MISSION REPEALING CHAPTER'2.50 OF THE PETALUYMA MUNICIPAL CODE ~ ` ~ 13 , GOVERNING THE SITE PLAN AND,ARCHITECTURAL REVIEW COMMITTEE:TO CONSOLIDATE 14, PLANNING CO:MIIAISSION APVD ARCHITECTURAL REVLEW RESPONSIBILITIES IN ASINGLE, 15 RECONSTITUTED PLANNING COMMISSION, AND REPEALING ORDINANCE N0.2387 N.C.S.. 16; (,• ~ ~ ~ ADOPTED~JULY.6 -2Q09 17 18 19 L'_ 21. ~_. 22 L 23 1~~ 24 25 26 27 ~ 28 29 ' . 30 . , L ~. ~: 31~ ~: - , 32 ~ ;:;. 33 ~'_ 3:4 ~ 35 WHEREAS. Article Vlll, Section 55 of the Petaluma.Charterouthorizes the City Council to ~ ` - 36 'establish such commissions. as shall be riecessary'for'fhegiffective accomplishment of municipal is 37 business, provided that a mernber of the GityCounciCshall be a member of each,commission, `38 commissioners' terms shall not exceed four years; and commissioners that have served i~. 39 continuously for six years shall not,be reappoinfed until atleast one year has elapsed after the 40 expiration of the sixth year of service; and, ,• 41 i ~ 42 WHEREAS the. C'ite's police Hower-and bower to provide for subaovernment under the ~ 43 ~i~lif~rniaS~nstitution a~~the ~y Council's ~i~wer to establish such commission.,s~~hall be ~. `.. ;: . ;:, is ~ AZ'T'1~C.Hl~IEl~`~' Ordinance No. N.G'S: Page 1 - 1 2 3 4 5. 6 7 8 10 12 12 13 14 15 16 17 ~ 1$ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 "_ 38' 39 •40 41 42. 43 44 45 46 47 48 49 ;50 +~ 51 ,, 52 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 I"SPARC"i 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;~~~ ~~112v~x1 Qf anv~IsxCLnina Com.rn_issisa~~r_K2ras~r~o~x~i[ation of his or heir ter~rt~~iLe.S. f'L~vot~ underSection 2 08 010 of th P' tal ma Mimi irx71 C'n°~a• nnrl' SS1....__ ~(prifY th~gtion:Qf term oft~e~i w'~puricil memk2et select~i qua Commissioner: seated" f,._ g~Ql_~1Zth_g Site Plan•and Arc~tects,rgl Resew CQclrnmitte~ _ca~l~__rZr2vd~hgt reterences to the_Site Plan and ArehitPC-tum- RaviPt,J C`nmrriiftor~ in rite of Pr~trr6 imrr Innr-I rlca Ordinance No. N.C.S. Page 2 '~ ~ WHEREAS petitioners' challenge to Ordinance 2337 N C S is based on an argument that 1 _e1~~c~ctme~fs~~i.sxl mectn_the~I~n~ncLC_o~Cni~s~n n ess a~I_u to iL~~ch_en.~tments erg 2 amended: and 3 - --_ Ci _repepJ Qrdin~n~~1~2~87 N ~ adog~~1 1~6 2Q~9 in its~nt~ety.. 4 5 - NOW,"THEREFORE; BE IT ORDAINED BY THE COUNCIL'OF THE CITY OF PETALUMA AS 6 FOLLOWS: 7 8 Section l .Section 2:08:010 entitled "Established -Membership -Terms" of Chapter 2.08 9 entitled "Planning Commission" of Title 2, "Adminisfration" of the Petaluma Municipol Code is 10 amended to read as follows: 11 12 ~ 2:08.010 Es#ablisHed -Membership -Terms 13 14 A planning commission consisting of seven members is .established for this city. One of 15 the members. of the commission shall be a member of, aril selected by, the city council; the 16 remaining, members of the commission shall be appointed by duly adopted resolution of the city 17 council and must have resided in'the city not less than. one year prior to their appointments: The 18 rnemb'er of the commission selected from the city council shall erve until the thirty-first day of 19 January _of ~h_~Y~~r f_o_JLcZw_in~ the_year in wl~ic.h-.the city council memk2~l~_w~s_^f+a~e 20 I appoint~~xiea-~t and until c successor qualifies and is seated, or until he/she ceases. to be a 21 member of the city council, whichever first occurs. Terms of office for each of the other 22 members of the commission hereafter appointed shall Abe four years; except that, terms of up ,to 23 3 appointees maybe of a'lesser duration as the, - i~t c~ouneil may deem necessary and 24 appropriate so that commissioners' terms are staggered. Following ame~dm_~io.~th~ 25 composition or duties of th ommission' as specified'in this chanter the council may elect to 26 treat the ~r~r_rrlissign as a reconstlt~~e~l~Qd_y and abbQint~~w e~snmission members to occuby. 27 some or all of the seats on th r on titut d commission Subject to and without limiting ~r 28 4fhe_tws~:_~ffectinclthe authority of the ~Eity ~~ouncil to establish and reconstitute subordinate 29 bodies in accordance„with Article VIII; Section 55 of the City Charter, this section. and.. other 30 applicable law, any;i ' i.vi ._uc~~appointed member may be removed.by a vote of five members 31 of the council: Such five-vote requirement for r moval of individual members does not ar~r~ly 32 when, :_e~i~~Q~ir~i~a~ an~e~ded th_e~Q11t~4~!t.rQn_4r_duties of'the c~lannina_commis.~j.~n ~n 33 elects to tre~tJ~ornrnission.as a ~aev~recgnstituted b~.c~r~ appoint new commission 34 members in accordance with this tion 35 36 Section. 2. Section 2.08.020 entitled "Duties" of Chapter 2.08 entitled "Planning 37 Commission'' of Title 2, "Administration" of the: Petaluma Municipal Code is hereby amended to 38 read as follows: ' 39 40 ~ 2.08.020 Duties 41 42. The planning.commission shall perform the~duties prescribed in the present or any future 43 zoning ordinance (itle 21~) qr subdivision regulations ,(Title 20) of the. city or any similar ordinance, 44 statute, rule or reguldfion of the state, county or this,city pertaining to the districting or zoning or 45 dividing of the city into districts orzones or regulating the construction of improvements, or the 46 use, division or subdivision of property within'the city. The planning commission shall. also have 47 the duty of studying°the needs of fihe city with respect to and advising and recommending the 48 council concerning the establishment, modification and change of zones or districts and 49 designation of the uses to which property contained. therein may be prohibited, restricted or 50 regulated. The planning commission shall also perform the duties prescribed in the zoning 51 ordinance of the city or other ordinance, statute, rule or regulation. of the state, county or this 52 city pertaining to securing of compliance with the zoning ordinance and promoting orderly and Ordinance No. N.C.S. Page. 3 ' Z 1 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 '38 39 40' 41 42. 43 44 45 46 47 48 49 50 51 52 harmonious development within the city. The commission~s.hall also perform the duties designated and delegated by the city council with respecf tasite design and architectural review matters: The commission shall also have and perform the powers and duties hereafter designated and delegated by the city council. alifies, and is seated. Section 4. Chapter 2:SO entitled "Site Plan and Architectural Review Committee" of Title 2 "Administrdtion" of the Petaluma Municipal Code is hereby repealed in its entirety. Unless and until otherwise provided by duly adopted dme.ndment to the Petaluma Implementing Zoning. Ordinance, Ordinance No: 2300'N.C.S., +~o won+r^I po}^I ,Y,.;rv Fr~o~ifi`- Plrvn 1?ocr~h +~^n ~i^ 7h(19 l9~ P~:S., the 5martCode~ Ordinanc Na 21 2 N S and/or other land use -related laws, ordinances, regulations or policies applicable in the City of Petaluma, references to the "Site Pldn and Architectural Review Committee" or "SP.ARC" in .Petaluma land-use related ordinances, regulations and policies shall mean the Ppldnning ~EOmmIS510n. Section 5 Ordinance 2337 N adopted July 6 2009 i5 hereby reoealed in its entirety Section ~5. The. City Council finds that adoption of this ordinance is exempt from the California Environmental Qudlity Aet ("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 7b. 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 competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petalumd .hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fdet thafdny one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. ' Section 8~. Thin ordinance shall become effective thirty (30) days after the date of its adoption by the'J'etaluma City Council. Section Q$. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and any other applicable law. INTRODUCED and order posted/published this -1-5'~-14~h day of ~t~e~t~~~2~r, 2009 ADOPTED this 6~-==day of ^_2009 by the following vote: Ordinance No. N.C.S. Page 4 1-$ c-er~~~+s~ien-er2~-decfe~riad-~~,~;~~~F„-tom ~ ~ _ _i-t~t~~ach sitting commissioner shall r^^}serve ^^ ^^ ~^+or.rv, h^~~~ ^n the nrew-reconstituted Ceomrnission ~nl~s _n~uritil #~e~~~il-a~{~-a new me r is..s4inle.~t~~y 1 AYES: `-~!:~~Aq~}er-$er~e##;-6}ass;-R:eiaee-l~+s~rsr~er~## 2. NOES:, _ , 3 ABSENT: Ale~+e 4 ABSTAIN: Alone 5 6 . 7 8 9 10 11 12 13 ATTEST: 14 15 16 17 Claire Cooper, City Clerk 18 19 I I29~699:1 20 --- 21 22 23 24 25 ~ 26 Pamela Torliatt, Mayor APPROVED AS TO FORM:' Eric Danly, City Attorney Ordinance No.. N.C.S. Page 5 i 4 Z 2' 3 4 ~~ 5 6 7 8 9 10. 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 26 ~7 28 29 ~. ~ ~~ 30 ., 33, '" 32: ~33' 34: 35 "' 36 37 38 39 40 ' 41 42 43 EFFECTI'YE DATE OF ORDINANCE August 6, 20b9 ORDINANCE NO~ 2337 N.C,S. Introduced by Seconded by Teresa Barrett David Glass ORDINANCE`OF THE CITY CQUNCIL- OF THE' CfTY OF,PETALUMA AMENDING CHAPTER 208 OF THE PETAL'UMA~MUNICIPAL CODE G01/ERNING'THE PLANNING COMMISSION AND REPEALING CHAPTER 2.5Q OF:THE`PETALUMA MUNICIPAL CODE GOVERNING THE SITE PLAN,AND ARCHITECTURAL REVIEW COMINITTEE TO CONSQLIDATt PLANNING. COMMISSION AND gRC1HITECTURAL REVIEW RESPON5161CIT1ES IN A SINGLE,. RECONSTITUTED PLANNING'COMMISSION WHEREAS, Article Vlll, 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 o f the City Council shall be:a member of each commission, commissioners" Perms sha11 not exceed four ,years,. and commissioners that have served continuously for six years shdtl notbe reappointed until~afi least one Year has elapsed,after.ihe expiration of fhe sixth year of service; and, " - WHEREAS, the City Council of. the City of Petaluma,,on March 30; 2Q09 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'applicatians'in the Cityof Petaluma; NOW; THEREFORE; BE IT ORDAINED BY THE COUNCIG.OFTHE CITY OF PETALUMA AS FOLLOWS: Section 1. Section 2.08.010 entitled "Established-..Membership - Terrns" of Chapter:2:08 entitled "Planning Commission" of Title 21 "Administration".of the Petaluma Municipal'Code is. amended"f'o read astfollovvs; 208.02D Established - Mertiber5hp -Terms - A planning,comrnission consisting ofseven mem6ers~is established for this city. One of the members of the;commission shall be:a member of, and selec#ed by, the city council; the remaining nernbers of the commission shall-be appointedby duly adopted resolution of the. city couneiC and must have resided'in the city not less than one yeor prior to their appointments. The member of the:commssionaelected from the-city council shall serve until the thirty-first day of January after the appoiritrnent grid until a successorqualifiesand is seated, or until he/she ceasesto be a mecriberof the city`:council, whichever first occurs. Terms of office for each of ordinance. No. 2337 N:C.S.: Poge i l5. 1 the other nnembers of ihe~comrnission hereoffe~ appointed;shall.be four years; exeeptthat, 2 terms of up. o ~3 appointees may be of a lessee duration as the Council may deem necessary 3 and!:appropriateso that cornrnissioners' terms are staggered. Subject taand without limiting the 4 author=ity of the City.Council to establish a.rd reconstitute subo~d.inae bodies;in accordance 5 withArticle Vfll, Section 55 of the City Charter, and aaher applicable law, any appointed `~ 6 member may be,removed'by a, vote of five'members ofthe council. 7 ~ 8 Section 2: Section.2:08;020 entitled "Duties" of'Chapter 2.08'.entitied "Planning 9 Commission" ot'Pitle 2, "Administration" of the Petaluma Municipal Code is hereby amended to j' 10 read as follows: 11 ~! 1~ 2At3a)20 Duties. ~3 14 ' The planning commission shall,perform the. duties pres ~ y cubed in the-presenf,or anyfuture 15 zoning ordinance (Title 21) or subdivision regulations.(T'itle 20) of`the city orany similar I" 16'. ordinance; statute, rule or regulation of the state, county"or this:city p.erfaining to the districting or g viding of the clty Into districts ar zones.or regulating`the construction of 18 imn rove elms, or the use, division. or subdivision of property tivlthln the city. The planning P ? 19 commi§slon shalti~dlso have the~.dufy of studying the needs of the city-with respect tb art 20 advising and"recommending the council::ooncerning;the.establlshment; modiFication and 21 change.of zones or'districts and designation.of the;uses~~to which. properiy`contained therein 22 may 6e prohibited; restricted or:;regulated. The. planning commission shalll,also perform;the :. 23 duties prescribed in the zoning ordinance of thee city or otherordinance,statute, rule or . 2~ regulation of'fhe state, county or",'this city;pertainirig to securingofcompliancewith#he;ioning j 25 ordinance and~promoting orderly,`,`'and harmonious development within the city. The commission i 25 shall also perform;;the duties designated `and delegated by the-city council with respect to site 27 design. and:arcfiifecfural review matters: The.commission shall~also have pnd perform the. ,. 28 powers and duties-hereaffer designated and delegated by the city council. i ~ ~g 30 31 32 Section 3.-.AII current seats,on ihe,planning comrnission.~are declared vacant; except ~;:- 33 that, each sitting commissioner shallcorytinue to serve until his or her successor qualifies and is I: 34 seated: 35 36 Section 4..Chapter 2';50 entitled: "site Flare and Architectural Review Committee" of rtle 2 ~_ 37 "Administration" of the Petaluma lviunicipal Code'is hereby repealed'in its entirety. Unless and _ _ _ '. 38 until otherwise provided by°duly adop#ed amendmentto the Petafuma`Implementing Zoning ' 3.9 Qrdinance, Ordinance No, 2300 NGS:: the Central Petaluma~Specific Plan; Resolufion,No: 2903- 40 1 OS N.C:S., and%or otherland user~elated laws, ordinances, regulations or policies applicable iri 41 'the C~ty>of Petafumci. references°to the "Site Plan and Arctiitecturai Review Carnrmittee";or 42 "SPA'RC"yin Re#alumaland,-use, related ordinances, regulations:and policies shbN mean'the 43 planning commission: 44 : 45 . Section~5. The.City Council finds that adoption ofahis~ordinance is exempt from the 46 Caiifoma~Environrnerital,Quality Act ("CEQA"J, pursuant io Sections 15061(bJ [3} (no possibility 47 thaYthe activifiy may; have aaignificant impact on the::environment):and 150b0(cJ(3) (the 48activity is not a~projec`t as defihed in-Section 15378) of the CEQA Guidelines {Title 14; Chapter 3 49 of the California Code of`Regulations). 50 . 51 "Section b, 1f'any section, subsection, sentence,. clause, phrase or word of this ordinance 52 is for any reason held.fo be unconstitutional, unlawful or otherwise invalid by a court of Ordinance No. 2337 N.C.S. Page 2 ~~lo 1 cornpetent?jur•isdicfion or preempted bystate legislation, such decision or legislation shall not 2 dffeei the "validity of the remaining,portons of this ordinance. The City Council of the Ciiy of I' 3 Petaiurna heteby: declares that it would have passed and adopted this ordinance and each j 4 and-all provisions thereof ir•respec#ive of the fact that'any one or more of said provisions be 5 declared unconstitutional, unlawful or otherwise invalid. 6 7 Section 7. This ordinance;shall`become of#ective thirty (30y days otter the date of its 8 adoption by-the Petaluma City Council. 9 10 Section 8. The City Clerk is hereby, directed to publish or post this-ordinance or a synopsis 11 'for the period and in the manner provided by the City Charter and any other applicable law. ~i 12 13 INTRODUCED and order posted/published this 15~h day of.June, 2009. 14 15 ADOPTED this bih day of July 2009 by the following vote: 16 17 AYES: Vice Mayor Barrett, Glass, Renee, Mayor Torliatt. 1$ NOES: Hams, Healy, Rabpitt ,. 19 ABSENT: None 20 ABSTAIN: None 21 22 23 24 25 26 27 28 29 ATTEST; 3i) 31 , 32. 33 Claire Cooper,.City Clerk 34' 35 36 37 38 39 40 41 42 43 1243783:1 orliatt, APPROVED TO FORM: Eric Danly; ' y Attorney Ordinance No. 2337 N.C.S. Page 3 r '1 ' JUrer1®1~OItlS ~`~~~!~"'~ J~~~'~.; FORCOURTUSEONL'Y 'r R~ (CITACION JUDICIAL) ^ ~~ ~ ~~ (SOLOPARAUSOD£LACORTEJ NOTICE TO DEFENDANT: ~~ BUG 2flpc ~'~ (A,I/tS0 AL DEMANDADO): c~"~, F _ ,~~~(~~~~~~~~ Petaluma Cityy Council.:, City of Pet ~m~ and DOES 1 through 100 ~ c ~~~..~~`R ~~ YOU ARE BEING SUED BY PLAINTIFF: ~~~ "~~~ ~~~ y ~ ~~~~ (LO ESTA DEMANDANQO EL DEMANDANTE}: ~UpERIOR CGURT OF CaLIFORI~iA Jm~aa~ Rittenhouse III, Kathleen C. Miller, and COt1P)Tf QFSOhf0lh/~ Spence F. Burton NOTlCEI You have been'sued. The court may decide;against you without yourbeing heard unless you respond within.30 days. Read the information below. You have 30•CALENDAR GAYS after this summons.andaegal papers are served on'yori to file a written response at this court and have a copy served on the plaintiff. A letteror phone-call will:not protect you. Your written response must be iaproper'legal;form if you-want the court to hear your case: There may be a court form that you can.use fot your response. You can find",these'court forms and more information at the California Courts Online Self=Help Center, (wwwcourtinfo:ca:gov/selfielp), your county law lbrary;~,orthe courthouse nearest you. If you cannot paythe filing fee, ask the court clerk fora fee waiverforrn. If you do not file your response on time, you may iosedhe case bydefauk, and your wages, money, and'property may betaken without further waming•from the,,court. There are other legal requirements. You may want tocail an attorney right away.if you do'not know an attorney, you may wanlto call.an,attomey referral senrice.~lf you cannot afford an attorney; you;may be;eligible:foifree legal services ftom a nortprorit legabservices program. You>can locate. these nonprofR groups at the Califomiategal Services Web site (www.lawhelpcSlifomia.org);the Calffomia Courts Online Self-Help Center _ _. (www.courtinfo.ca:gov/selthe/p}, or by contacting your local court or county barassoaetion.;NOTE: The court;has a statutory'(ien for waived ees and costs on any settlemenf'or arbitration award of $1Q;000 or more:in a civil case. The court's lien:must be paid.before;the court will: dismiss~tbe case. IAVISOI Lo han demandado. 'Si no iesponde,den(ro de 30'dlas, la Corte puede decidir en su contra sin escuchar su version: Lea la"informacibn a. continuaci6n. Tiene 30,DIASDE CALENDARIO despu~s de que le eritreguen esfa citaci6nypapeles fegales pars presentar una-respriesta, por escrito en esta Corte y hacerquese:en6egue•una copia ah'demandante. Una Carta o una llamada te/ef6nfca?no to protegen. Su respuesfa por escrfto tiene;gue estar ., ~ _ en formatolegalco~cto srdesea que procesen su caso en la Corte: Esposible que haya unforrrrulario:que ustedpueda usarpara su respuesta. Puede encontrar estos,formularios de la Corte y m8s informacibn•en elCentni de Ayuda de Ias Codes de Califomfa•(wwwsucorte.ca.gov),:ert la biblioteca de eyes de su condado o en la Corte que /e'quede mSs cen:a. Si na puede gaga[ /a cuota de presentacidn, pida al secretario deaa Corte que /e do un formulario de exenci6n;depago de cuofas: Si!no presents su respuesta a tiempo, puede perrierel caso porincumplimiento q'fa Corte le podr~ quitar su sueldo; dfriero y bienessin.mSs advertencia: Hay otros requisitos legates: Es recomendable que !lame a un abogado inmediatamente. Si no'conoce a un abogado, puede llamara unsenriciode remisi6n a abogados:-Si no puede pagar a rrn abogedo, es posibte que cumpla con los ~equisitos para;obtener servicios legates gratuitos de un programs de servicios lega/es sin`fnes de lucro_ Puede encoritraresfos grupossin fines de?lucro en ehsito web de t;;afifomfa Legal Services, (wwv+'lawhelpcalifomiacorg), en el Cenfro.de Ayuda deias Cortes de California, (wwwaucorte.ca.gov) o;poni8ndose en,corifacto con /a cone o;ef - co/egio de,abogados'locales: AVISrJr'Porley, !a corteYiene derecho a reclamarlas!cuotas y9os costos exentos por'imponerun gravamen sobre cualquierrecuperacibn de Sf0;000 6 mt;s'de: valorfecibida mediante;,un,acuerdo;o;una;concesi6n de-artiitra}e en un, caso de derecho; civil. Tiene.que Daparel gravamen-de la Corte antes de due la torte-nueda desecharel caso: The name and.address of the court ist (El Hombre y direcci6n de la: Corte es): Sonoma County Superior Court 3055 Cleveland Ave Santa Rosa, CA 954D1 The name, address, and telephone number of plaintiffs attorney, or plaintiff without<an atto_ mey,: is: (El Hombre, la dr'reccidn y el numero de telefono del'abogado defdemandante, o del demandante que no Gene abogado, es). James V. Sansone, Esq. Law Qf°f:ices.of James V. Sansone 14.0.0 N Dutton Ave., Suite 2~1 707-542-5611 Santa Rosa, CA 95401 fDFechal ~~0" (Para pruebade entrega DEi~S~ ~.. GOR100I~I ~get~ Mendla ,Deputy esta~citacibn use: el,formulario,:Proof of Service of~Summons, (POS-0.10)). NOTICE TO THE PERSON SERVED: You are_ served 1 1. ®as an individuatdefendant. 2: [~ as~the person sued under the fictitiorls name of (specify): 3. ~ on behalf;of (specify): under. CCP 416.10 (corporation) CCP 416.60 (minor) ''CCP 416`20 (defunct corporation) CCP d16.70 (conservatee) CCP 416:40 (association or partnership) CCP 416.90 {authorized person) other (specify): . 4. ~ by personal delivery on (date). ~ or ~ SUMNIUNS' rose orc~~~r Procedure g§aa220, ass -,~ ~lanlnUmni ~ _ - 0 Es~r~ti~t Eaa~s- www.cw:r5nro.ca:goy - A,I,~,ACHlO~IEI~,i,`ittenhouse ~~;. SUPERIQR COURT:OF CALIFORNIA, COUNTY OF SONOMA (FOR COURTUSE:ONLY) I CIVIL DIVISION 600 ADMINISTRATION DRIVE, ROOM 107-J SANTA ROSH, CALIFORNIA 95403-2878 (707) 521-6500 www.sonomasupeeiorcourt.com _ ~~^~g (~{-~F y~ }~ AF.~~.~ 4' ~h ~ny( h ~~rp~~l~~ c;t>;l.ir ~. r:'?>_ii=raKt~rr? NOTICE OF. ASSIGNMENT T.O ONE JUDGE FOR.ALL PURPOSES, Case number: NOTICE OF CASE MANAGEMENT CONFERENCE, and ORDER TO SHOW CAUSE .~ / ~~~~ A COPY OF THIS hlOTICE MUST BE SERVED WITH THE SUMMONS ANO c~n~r~~sl~ ~ AND WITH ANY.{C (RO} SS-.COMPLAINT THIS ACTION IS ASSIGNED TO HOId. FOR ALL PURPOSES. Pursuant to California Rules of Court, Rule 2.111(7),, the. assigned judge's name must ap,oear ...below the number of the case and the nature of the paper on the first page of each paper presented fir filina_ ' 2 3 A Case Management Conference has been set at the time and place indicated below: Date: ~ . ~ , z Time: Courtroom:l i1~t7 2i'ee ,~;v~. I .mod ~•v'.'~• Location: ~},~ ~ ~, Vo laterthan 15 >ralendar days before the date set for the case management conference or review, each party must file a case management statement [Judicial Council form #CM=110] and serve it on all other parties in the case. In lieu of each party's filing a separate case management statement, any two or more parties may file a joint statement. 4. At the conference, counsel for each party and each self-represented party must appear personally or by telephone [California Rules of Court, Rule 3.670(c)(2)], must be familiar with the case; and must be prepared to discuss and commit to the party's position on the issues listed in California Rules of Court, Rule 3.727.. 5. Pre-approved dispositions are. recorded three (3) court days prior to the case managemerrt conference. These may be obtained.by calling (707) 521-6883 or by going to htfp://www. sonomasuperiorcourt. com/tentative/index. php. ORDER TO SHO~'V CAUSE To Plaintiff(s), Cross=complainants, and/or their attorneys of record: If, on the date shown above., you are not in compliance with timely filing requirements stated in California RulF~s of Court, Rules 3..1.10 and/or 3.725, you must then and there show cause why this Court should j!ibt impose monetary and/or terminating sanctions. Cv-t Rev .Jan t. Zoos] NTC OF ASSIGNMENT OF 1; JUDGE FOR ALL PURPOSES,.NTC OF CMG8. OSC CRC. Rules 3.at0. 3.7203730. CCP§§177 5. 583 at0 1~ f~ James V. Sansocie,;E'sq. (SBN: 244671.) LAW OFFICES OF JAMES V'. SANSONE 1400 N. D~itton Avenue, Suite 21 ,Santa Rosa; CA 95401 Telephone: (707) 542-5611 _ Facsimile: (707) 545-1522 Attorney for Petitioners JohnW. Rittenhouse III, Kathleen C. Miller and Spence F. Burton SUPERIOR COURT `OF THE STATE OF CALIFORI~IIA FOR TIIE COUNTY OF SONOMA •23 24 2s JOHN W. RITTENHOUSE III, KATHLEEN C. MILLER, AND SPENCE F:$URTON Petitioners/Plainfffs, vs. PETALUIVIA CITY COUNCIL, CITY'OF PETALUMA and DOES 1 through 100, inclusive, Respondent/Defendant x F ~~, ~llPcRtt3R C0t1RT CAF L~' I~URf~i~ CO1tf~7Y OF SON(lMA Case.No.~~~ ~~~4a~~. PETITION FOR WRIT OF ADMINISTRATIVE MANDAMUS {CCP §1094.5) AND DAMAGES (CCP §1095) [Signatures Via Fax] Date: Time: Dep.: I. INTRODUCTION AND STATENIENT OF FACTS ' Petitioners, JOHN ~V. RITTENHOUSE III, hereinafter "Rittenhouse", KATHLEEN C. MILLER, hereinafter "Miller", and, SPENCE F. BURTON, hereinafter "Burton" petition this Court. for a writ of mandate under Code of Civil Procedure ~Z094.5, directed to Respondents - PETALUMA CITY COUNCIL and CITY OF PETALUMA, hereinafter "Respondents", and by this verified petition allege as follows: Rittenhouse is a former member of the Petaluma Planning Commission, who was duly .appointed to a four year term, which was to have expired on June 30, 2012. Miller is a former member and was the Chair of the Petaluma Planning Commission. She was duly appointed to a four year term, which was to have expired on June 30, 201.0. Barton is a former member of the Writ of Mandamus - 1 Z~ i 3 4 s 6 8 9 to 11 12 13 14 15 16 17 T8 19 zo z1 Petaluma Planning Commission, who was duly appointed to a.four year term, which was to have expired on June 3:0, 20.`11. On June 15, 2009, Respondents discharged Petitioners -along with another,plannng commissioner -- in violation of the Municipal Code, and two separate provisions of the Implementing Zoning Ordinance. As such, Petitioners are beneficially interested in and aggrieved by the decision of Respondents as `alleged below. Respondent Petaluma City Council is established. by Petaluma City Charter;. Article VII, ~ 39, as the governing body of Respondent City of Pefaliima. Pursuant to the Charter, the City Council "'shall exercise the cgrporate powers of the city, and; subject to the express limitation of this Charter; shall be vested with;all powers of legislation.in municipal affairs adequate to a complete system of local government consistent with the constitution of the state." Appointment of various city commissions is authorized by Section 55 of the Charter. At .all times relevant herein; Petaluma Municipal Code ~ 2.08.010, provided for a planning commis"sign comprised of a total of seven members, eonsisfing of six citizens appointed to taggered four year terms.and one,councilmember filling;the. council liaison position required by City Charter'Section 55. A copy of this code section. is attached as Exhibit "A" and incorporated herein: by reference. Additionally, section 2.08:0 l0.provides that any appointed planning, commissioner can be removed before the. end of his or her four year term only "by a vote of five:. members of the council." The City Council majoritypassed Ordinance No. 2337 N.C.S. Section 2.08:020; page #2 wherein the super. majority !requirement for commissioner removal language is retained, yet seemingly does not apply to the prior Municipal Code ~ 2.08..010 A copy of this ordinance is attached as Exhibit "B" and incorporated. herein by reference. Inasmuch as Petaluma has a seven. member City Council; the supermajorityremoval requirement of section 2.08.010 evidences a clear intent not to allow a bare majority of the City zz Council to remo e a sittingplanning commissioner`before the end of his or her.four year 23 ;appointed term., 24 2'S Notwithstanding the clear requirement of section2.08.010, in:an unprecedented action, the City'Couneil on June,15, 2009 purported to dismiss all four planning commissioners whose terms had not=expired by a vote of four ayes~to three. noes. (The terms of the two other appointed planning commissioners=were effectively allowed to expire in the normal course.) Ordinance No. 2337 NC.S.'Secfiori 2.08:020 Duties, Subsection 3, declared "All current seats on the planning commission vacant." Although the original noticed application period had expired, the council decided to extend the applcation:period, which effectively allowed the council majority to Writ of Mandamus - 2 2t 1 z 3 4 s 6 s 9 , to 11 12 13 14 is 16 17 is . 19 zo 21 z z' '23 24 - zs I I recnii appl`icants..more'``iiz sync" with Elie council majority's political agenda. As a result, the I Council majority was allowed to seat six.. new planning co. mmissioners of their own choosing. Respondents:made no effort to modify, repeal or suspend the requirement of Peuilcurta 11~Iccriicipal Code ,~ ?.08.010, that a sitting planning commissioner can be removed only by a vote of five members<of the'counciL: ;Instead, Respondents simplygnored this requirement. As part of the,same action on June 15; 2009, Respondents disbanded the city's design review board, known as-the Site Plan and Architectural Review Committee (SPARC); and initiated legislation, to add.SP.ARC's previous duties°to those of the planning commission. Importantly,, the legislation. did not:modify the size, composition or the. name of the planning commission; it merely gave the planning commission additional defies. Both before and after the. new legislation,, the,plannin~ cornrr>sson is comprised of a total of seven members, consisting of'sx citizens appointed"by the city council and one councilmember serving as~the council Iiai"son;to theplanning commission. , Petitioners have exhausted the:available administrati~e,remedes required to be.pursued by them, as follows: Rittenhouse sent emails' to various council members regarding this matter:. Copies of`those emails are attached hereto as Exhibit "C" and incorporated herein by reference. Miller'sent a letter to the .City Council members dafed June 7, 2009 regarding the inappropriateness.:of requiring .commissioners whose terms were not completed to reapply. A .copy of this letter `is:aftaehed as Exhibit "D" and incorporated herein by.reference. Miller also ' wrote. a g~iest commentary that was published' in the Argus-Courier on July 2, 2009 regarding the City; Council's actions: A copy of the article is attached hereto as Exhibit "E" and incorporated herein by reference. ThePetaluma City Charter and' the Petalutna Municipal Code.provides no' additional administrative remedies. Petitioners do not have a plain, speedy, and adequate remedy in ahe,ordinary course of saw: IL ~ RESRONDENTS' ACTIONS VIOLATED PETAL~.UMA MUNICIPf1L CODE § 2.08.OT0:&, IiVIPLEiVIENTIIVG ZQYI~IG ORDINANCE § 25.OP0:& § 25.00 .Respondents' actions violated PetrdunT~c Mcinieipal Code ~' Z.08.010, which explicitly states.that. it requires. five votes to fire a,si ting planning commissioner. The majority, (by a 4 3 vote), Mayor Pamela Torliatt, Vice Mayor Teresa Barrett, and Council Members David Glass-and Tiffany Renee,. apparently determined that the. code. does.not apply if they simply decided fio fire all the planningcommissioners rather than merely a single commissioner. Writ of Mandamus - 3 2Z 1 Howe~~er, the exception to the Wile fabricated by the,majority is not supported by any reasonable ? interpretation of'the Code. 3 Responder"ts' actions also involve several legislative changes to the Municipal Code, ~ Implementing Zoning Ordinance, Ordinance No.2338 N.C.S, and SmartCode, Ordinance 5 No.2~39 N.C.S. A copy of these Ordinances are attached. as Exhibit "F" and Exhibit "G" and .incorporated herein by reference.. Specifically; the Implementing Zoning Ordinance was 6 amended to achieve consolidation of the Planning. Commission and SPARC. a City of Petaluma Implementing Zoning Ordinance (IZO) Chapter 25, entitled. "Amendments" 9 includes .the requirement's that: A copy of this code secfion is attached as Exhibit "H" and io incorporated herein by reference. i i IZO scction.25.010 i2 No amendment,~to the Irrzplenrenting Zoning Ordinance) shall be made unless the i3 Planning Corn~nission;and City Council find the amendment to be in conformity with the is General Plan. is IZO section'25.040 The Zoning Administrator (Director) shall make an investigation of the proposed 16 amendment and shall prepare a report thereo~t which shall be submitted to-the Planning i~ Commission. ie 19 IZO section 25.010 & 25:040. (Emphasis added): 2° The unambiguous,Ianguage ofSection 25:010 and Section 25:040 plainly requires that all u amendments to the IZO Zoning Qrdinance, be presented to and considered by the Planning 'I z2' Commission prior to adoption. The City Council Agenda Bill, Dated June 15, 2009, specifically z3 di'scusses'the requirements of the IZO. A copy of this AgendaB'ill is attached as Exhibit "I" and i4 incorporated herein by reference. zs 'Page #6, hird.paragraph states, "A conservative reading of Section 25.010 would conclude that aI1 Zoning-0rdinance Amendments are to be presented to the Planning Commission." Here, the IZO amendments dissolving SPARC and adding SPARC's duties to the duties of the Planning Commission were never presented to or considered by the Planning Commission prior to adoption by the City Council. In response to a Council member's question,.the City Attorney agreed that; the ordinances should be heard by the plannins.commission. The process followed was. therefore in clear v-iolatian of the requirements o f Section 25.010 and 25.040: Writ of Mandamus - 4 23 2 3 4 s 6 s 9 to li lz 13 14 is 16 17 la 19. zo zl 22 23 24 2s STANDARD OF REVIEW The court conducts a limited trial de novo, reviewing the administrative proceedings and 'the evidence admitted during the administrative hearing- Eli?abeth D. v Zolirt (1993) 21 CA4th 347,'355, 25 CR2d 852 (court mayonly consider evidence admitted during administrative hearing, except as permitted by CCP ~ 1094.5(e)); .Schoenen v Board of bled. E,ranz'rs (1966) 245 CA2d 909, 913, 54 CR 364 (hearin in administrativemandamus case is "more of the nature of a review than of an unlimited new trial"). The court may inquire. into whether the agency acted in excess of its. jurisdiction; committed a serious error of law; or abused its. discretion in determining the facts. . Here it is evident that Respondent exceeded their jurisdiction and. abused their discretion; their actions violated' Pettrlumcc Mujzicipal Corley?. 0801'0, Implementing Zoning Ordinance §25.040 and implementing Ordinance §25.010 III. GOVERi'ViVIENT COD`E' § 800(A) ALLOWS PETITIONERS AN AWARD OF ATTORNEY'S FEES Petitioners are personally obligated to pay their attomey for attorney services to prosecute this action. Petitioners are entitled tq recover attorney fees as provided in Government Code §800(a) and/or CCP section 1021.5 if theyprevai in the wi hin action, on the grounds that Respondents' termination of the Planning Comrrissioners, including but' not, limited to Petitioners, prior to the expiration of their terms was arbitrary and capricious 'and contrary to controlling statutes. Petitioners' actions in seeking this writ of mandate have vindicated important public rights. Respondents' actions were done in direct violation of Petaluma Macnicipal Code ~ 2.08.010 and Petaluma Interim Zoning Ordinance section 25.010. Respondents have failed to corriply with controlling legal requirements with respect to the actions they have taken. ~YHEREFORE, Petitioners: pray that: 1. A peremptory writ ofmandate issue, under Code of Civil Procedure § 1094.5, directed to Respondents; and compellin; Respondents to set. aside their decision. dated June 15, 2009 discharging ahe planning commissioners with Time remaining on their terms. 2. Petitioners recover their costs in this action including attorney fees under Government Code §'800(a) and / or°CCP section 1021.5. 3. Petitioners be granted-.such other relief that the Court considers proper. 47rit of Mandamus - 5 2y 1 z 3 S s 7 8 9 10 11 lz 13 14 15 16 17 18 19 20 21 22 23 24 25 Dated this 3rd_day of August, .2009 Respectfully Submitted, LAW OFFICES OF JAMES V. SANSO~tE n l ~_ By: Ja es V. Sansone, Esq.. -. [tj.Petitioners are not seeking to delay t(te consideration of applications by the newly constituted Petaluma Planning Commission during the time period when Petitioners are improperly excluded from its membership. However, actions taken by the newly constituted Petaluma Planning Commission may ultimately be determined to be invalid as a°result ofthe Respondents' failure to comply with legally controtlin~ codes and ordinances. 4lrit oP Mandamus - 6 z5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION j I, John W. RITTENHOUSE III, am the Petitioner/Plaintiffin the above entitled.action. I have.read'the foregoing PETITI®N F'OR WRIT OF ~MINISTRATIVE MANDAMUS and certify that;the same is true of my knowledge except as to those matters, which are therein stated upon my information and belief, and to those matters, I;believe them to be true. I declare underpenalty of perjury under the laws of the State of California that the foregoing is true and correct. ,,~~// Declaration was executed on this day, the .„~~~ay of July, 2009, at Petaluma; CA W. Rittenhouse III, Petitioner/Plaintff Writ cf Mandamus - 6 Z,~° ~. VERIFICATION I,;Kathleen C. Miller, am the Petitioner/Plaintiff in the above entitled action. I have read the foregoing PETITION FOR WRIT OF ADMINISTRATIVE MANDAIVIUS and certify that the-same is true of my knowledge except as to those matters, which are fiherein~ tated upon my information and belief, and to those matters, I believe them to be true. I declare.~urider penalty of perjury under the laws .of the State of California that the foregoing is°true and correct: Declaration was executed on this day, the ~~ day of July, 2009, at Petaluma, CA 'Ka Teen C. Miller; etitionerLPlaintiff 2~ __ VERIFICATION . I I, Spence F. Burton, am the Petitioner/Plaintff in the above entitled action. I have read the foregoing. PETITION FOR WRIT OF ADMINISTRATIVE MANDAMUS i ~~ and certify#hat the same is true of my~knowledge except as to those matters, which are ' therein stated upon my information and belief, and to"those matters, I believe them to be `j true: I declare under.. penalty: of perjury under the laws of the State of California that the foregoing is true and correct. . .Declaration was executed:on this day, the 30th day of July, 2009, at Petaluma, CA I' .f. i Spence F: Burton; Petitioner/Plaintiff 2$