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HomeMy WebLinkAboutAgenda Bill 3E 09/21/2009e Septennber 21, 2009 ET'FECTIVE DATE ~ ORDINANCE NO. 2344 N.C.S. ®F ®ItDINANCE 1 Introduced by Seconded by 2 3 4 5 6 7 ORDINANCE OF THE CITY COUNCIL Of THE CITY O.F PETALUMA AMENDING PROVISIONS 8 OF CHAPTER 2.08 OF THE PETALUMA MUNICIPAL CODE:,GOVERNINGTRE TERMS AND 9 DUTIES O.F THE PLANNING COMMISSION, ELECTING TO:TR-EAT THE PLANNING 10 COMMISSION AS A RECONSTITUTED BODY AND,APPOINT NEW PLANNING 11 COMMISSIONERS TO OCCUPY SOME OR ALL OF THE SEATS ON THE RECONSTITUTED 12 COMMISSION, REPEALING CHAPTER 2.50 OF THE PETALUM"A MUNICIPAL CODE 13 GOVERNING THE "SITE PLAN ANp' ARCHLTECTURAL REVIEW COMMITTEE TO CONSOLIDATE 14 PLANNING' COMMISSION AND ARCHITECTURAL REVIEW RESPONSIBILITIES IN A SINGLE, 15 RECONSTITUTED PLANNINGCOAA'MISSION, AND REPEALING ORDINANCE NO. 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 enforcement of all ordinances and regulations 21 concerning municipal affairs, subject. only to limitations provided in the charter, and that city 22 charters may provide for, among other things, subgovernment 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 police, sanitary and other 26 ordinances and regulations not in conflict with the general 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 otits inhabitants which are 31 not prohibited by the constitution and that could be competently set forth in the Charter, and 32 that specification of particular powers in the Charter shall not be held to limit the general grant 33 of powers; and, 34 35 . W-HEREAS, 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 Councilshall be a. member of each commission,, 38 commissioners `terms shall not exceed four years, and commissioners that have served 39 continuously~for six`years hdll not be reappointed until at least one year has elapsed after the 40 expiration of thesixth year of".service; and, 41 42 WHEREAS, the City's police power and power to provide for subgovernment under the 43 California Constitution and the City Council's power fo establish such commissions as shall. be Ordinance No. 2344 N.C.S. Page 1 necessary for the effective accomplishment of municipal business under Article VIII, Section 55 of the Petaluma Charter necessarily include the power to create, abolish, consolidate, and reconstitute bodies subordinate to the City Council, and to otherwise amend legislation authorizing grid governing such subordinate bodies; 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 ("SPARC") 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; and, WHEREAS, on June 15, 2009; the Cify Council. introduced an ordinance to amend the Petaluma Municipal Code to abolish SPARC and assign SPARC's site plan'and design review duties to a newly reconstituted Planning Commission; and, WHEREAS, the City Council adopted such 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, and such ordinance took effect on August 6, 2009; and, WHEREAS, on~August 3, 2009 a petition was filed on behalf of Planning 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; and, WHEREAS, 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 a vote of five Council members under Section 2.08.010 of the Petaluma Municipal Code; and, WHEREAS, the general purpose and intent of this ordinance is to reconstitute the Planning Commission as a subordinate body with site plan and architectural review duties, and more particularly, this ordinance is intended to: a. clarify the duration of the term of the City Council member selected as a Commissioner; b. clarify that the Gity 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 orall 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 individudl commissioners in situations not involving amendment of the composition or duties of the Planning Commission; c: assign life plan and architectural review duties to the Planning Commission; d. pecify~-that fhe, City Council elects to treat the Planning Commission 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 Planning Commissioner shall serve on the reconstituted Commission unless and until a new member is appointed to succeed him or her, qualifies and is seated; f. abolish the Site 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, Ordinance No. 2344 N.C.S. Page 2 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 "Plarriing. Commission" of Title 2, "Administration" of the Petaluma Municipal Code is 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 commission shall be d member of, and selected 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 in fhe 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 of 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 fhe 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 all of`fhe 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 City Charter; 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 commission members in accordance with this section. 32 33 Section 2. Section2:08.020 entitled "Duties" of Chapter 2.08 entitled "Planning 34 Commission" of Title 2, "Adminis#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 or any future 40 zoning ordinance (Title 21) or subdivision regulations (Title 20) of the city or any similarordinance, 41 statute,. rule .or regulation of the state, county or this city pertdiriing to the districting or zoning or 42 dividing of fhe city into :districts or zones or regulating 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 tudying the needs, of the city with respect to and advising. and recommending the 45 council concerning the establishment, modification and change of zones 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 other ordinance, statute, rule or regulation of the state, county or this 49 . city pertaining to; securing of compliance with the zoning ordinance and promoting orderly and 50 hatmo_nious development within the city. The commission shall also perform the duties 51 designafed and. delegated by the city council with respect to site design and architectural Ordinance No. 2344 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 the 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 shall be 9 by duly adopted City Council resolution.. Each sitting commissioner shall serve on the 1.0 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©, Ordinahce No. 2152 N.C.S., and/or 17 other land use -related laws, ordinances, regulations or'policies applicable in the City of 18 Petaluma, references to the "Site Plan and Architectural 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 ("CEQA"), pursuant to Sections 15061(b) (3) (no possibility 26 that the activity may have a significant impact' on the environment) and 15060(c) (3) (the 27 activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 28 of the California Code of Regulations). 29 30 Section 7. If any section, subsection, sentence, clause, phrase or word of this ordinance 31 is for 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 pdssed and 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 after the date of its 39 adoption by the 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. 2344 N.C.S. Page 4 1 ABSTAIN: 2 3 4 5 6 7 8 9 10 ATTEST: 11 12 13 14 Claire Cooper, City Clerk 15 16 1292699.2 Pamela Torliatt, Mayor APPROVED AS TO FORM: Eric Danly, City Attorney Ordinance No. 2344 N.C.S. Page 5