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HomeMy WebLinkAboutOrdinance 2344 N.C.S. 09/21/20091 2 3 4 5 6 7 8 9 10 11 12 13 14 EFFECTIVE DATE: OF ORDINANCE October 21, 2009 Introduced by David Glass ORDINANCE NO. 2344 N.C.S. Seconded by Teresa Barrett ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA 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 N0.2337 N.C.S. ADOPTED JULY 6, 2009 WHEREAS, Article 1 1, Section 5 of the California Constitution provides in pertinent part that any city charter may provide for the enforcement of all ordinances and regulations concerning municipal affairs, subject only to limitations provided in the charter, and that city charters may provide for, among other things, subgovernment in all or part of the city; and, WHEREAS, Article 11, Section 7 of the California Constitution provides in pertinent part that cities may make and enforce within their limits all local police, sanitary and other ordinances and regulations not in conflict with the general laws; and, WHEREAS, Article VIII, Section 54 of the Petaluma Charter provides that the City, by and through its Council, and other officials, shall have and may exercise all powers necessary or appropriate to the municipal corporation and the general welfare of its inhabitants which are not prohibited by the constitution and that could be competently set forth in the Charter, and that specification of particular powers in the Charter shall not be held to limit the general grant of powers; and., 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 the sixth year of service; and, WHEREAS, the City's police power and power to provide for subgovernment under the California Constitution and the City Council's power to 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 and 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 City 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 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 individual commissioners in situations not involving amendment of the composition or duties of the Planning Commission; c. assign site plan and architectural review duties to the Planning Commission; d. specify that the 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: 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: 2.08.010 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 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 may be of a lesser duration as the city council may deem necessary and appropriate so that commissioners' terms are staggered. 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 commission members to occupy some or all of the seats on the reconstituted commission. Subject to and without limiting or otherwise affecting the authority of the city council to establish and reconstitute subordinate bodies in accordance with Article VIII, Section 55 of the City Charter, this section, and other applicable law, any individual appointed member may be removed by a vote of five members of the council. Such 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 section. 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 Ordinance No. 2344 N.C.S. Page 3 review matters. The commission shall also have and perform the powers and duties hereafter designated and delegated by the city council. Section 3. Based on amendment of the Planning Commission duties specified in Petaluma Municipal Code Section 2.08.020 to include site design and architectural review, and 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. 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 SmartCode©, Ordinance No. 2152 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. Ordinance 2337 N.C.S. adopted July 6, 2009, is hereby repealed in its entirety. Section 6. 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 7. 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 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 8. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 9. 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 14th day of September, 2009. ADOPTED this 21=t day of September, 2009 by the following vote: 47 48 AYES: Vice Mayor Barrett, Glass, Renee, Mayor Torliatt 49 NOES: Harris, Healy, Rabbitt 50 ABSENT: None Ordinance No. 2344 N.C.S. Page 4 1 ABSTAIN.: None 2 3 4 5 6 7 8 9 10 ATTEST: 11 12 13 l~~ ~'t-~J 14 Claire Cooper, City Clerk 15 16 1292699.2 Ordinance No. 2344 N.C.S. Page 5 APPROVED AS TO FORM: