HomeMy WebLinkAbout9.1 Review of Planning Commision Chapter in Muni CodeOFnDU??2
AGENDA STATEMENT 82
PLANNING COMMISSION MEETING DATE: April 14, 2009
SUBJECT: Review of Planning Commission Chapter in Municipal Code
Report Prepared by Jeri Ram, Community Development Director and John
Bakker, City Attorney
ATTACHMENTS: 1) Chapter 2.12 of the Municipal Code relating to Planning
Commission.
RECOMMENDATION: 1) Receive Staff Report; and
yj 2) Deliberate and recommend to thy; City Council that:
` a) Chapter 2.12.050 of the Municipal Code stand as currently
written; or
b) Recommend amendments to Chapter 2.12.050 of the Municipal
Code.
DESCRIPTION:
Scope of Responsibilities of the Planning Commission
At the recent Goals and Objectives City Council/Commission Work3hop, the Mayor suggested, and the
City Council agreed, that it would be a good idea for each of the Corr missions and Committees to review
and validate their particular scope of responsibilities. Following this review, Staff would prepare a Report
to the City Council noting that the review had taken place, noting Commission/Committee comments and
any suggested revisions.
Section 65100 of the Government Code requires that each local jurisdiction have in place an organization
that provides the Planning function in the community. The organization can be set up in a variety of
ways. The City of Dublin, upon incorporation, determined that the Planning function should include a
Planning Department as well as a Planning Commission as an advisory body to the City Council. The
duties and responsibilities of the Planning Commission are set forth ir the City of Dublin Municipal Code
as Chapter 2.12.050 (refer to Attachment 1).
This Section of the Municipal Code was last amended on Decem )er 3, 2002. The purpose of that
amendment was to: 1) encourage increased participation by a wider variety of Dublin citizens by putting
into place term limits; and 2) to ensure that proper procedures arc in place relating to attendance at
Commission meetings.
As noted above, the City Council has asked that the Planning Commission review their scope of
responsibilities. The Planning Commission, unlike other Commissions in the City has the scope of
responsibilities set forth in the Municipal Code under Chapter 2.12.050 as follows:
COPIES TO:
Page 1 of 2
ITEM NO. Cf. I
G: IAgertdas120091PlanningCommissionMissionSR4-1 d-09.doc
The Planning Commission shall have the power and it shall bE its duty:
A. To recommend for adoption by the City Council a comprehensive long-term
general plan for the physical development of the city and of any land outside its
boundaries which in the Planning Commission's judgment bears relation to its
planning;
B. To recommend for adoption by the City Council specific plans based on the general
plan and drafts of such regulation, programs and legislation as may in its judgment
be required for the systematic executive of the general plan;
C. To periodically review the capital improvement program of the city;
D. To recommend for adoption by the Council a zoning ordinance and to perform such
other duties in reference to planning and zoning and land use matters as may be
required by the Council.
As the Commission can see, the scope of the Planning Commission is well defined and relates solely to
Land Use Planning and decisions affecting the community. Staff suggests that the Commission discuss
each of the items above and if changes are suggested, inform Staff. S :aff will then prepare a Report to the
City Council. The City Council will determine if the Municipal Code will be amended to incorporate the
changes if so proposed.
RECOMMENDATION:
It is recommended that the Planning Commission take the following action: 1) Receive Staff Report; and
Deliberate and recommend to the City Council that: a) Chapter 2.12.050 of the Municipal Code stand as
currently written; or b) Recommend amendments to Chapter 2.12.050 of the Municipal Code.
I.
Page 2 of 2
Chapter 2.12 PLANNING COMMISSION
Chapter 2.12
PLANNING COMMISSION
Sections:
2.12.010 Planning Agency established.
2.12.020 Membership-Appointment-Term-Removal.
2.12.030 Expenses and compensation.
2.12.040 Chairman-Rules-Records-Meetings.
2.12.050 Powers and duties-Generally.
2.12.060 Term limits.
2.12.140 Appeals-Transmittal of record.
2.12.150 Appeals-Community Development Director to be represented.
2.12.160 Appeals--Notice of hearing.
2.12.170 Appeals-Action on appeal by City Council.
Pagel of 3
2.12.010 Planning Agency established.
Pursuant to Government Code Sections 65000 et seq., there is established a Planning
Agency consisting of a Planning Commission. (Ord. 5 § 1, 1982)
2.12.020 Membership-Appointment-Term-Removal.
A. The Planning Commission shall consist of five (5) members. They shall be appointed
for a term of four (4) years. Terms shall begin in December of even-numbered election years
and end in December of even numbered years (or until successors are appointed). If a
vacancy occurs otherwise than by expiration of term, it shall be filled by appointment for the
unexpired portion of the term.
B. Members shall be appointed to the Planning Commission by the Mayor, subject to the
approval of the Council. The Mayor may, with the approval of a majority of the City Council,
remove a Planning Commissioner at any time during the Commissioner's term of office.
Removal and appointment of Planning Commission members shall be made only at a
regularly scheduled meeting of the City Council. Members of th3 Planning Commission shall
be residents of the city.
C. Planning Commissioners must attend at least seventy-five (75) percent of regular and
special Planning Commission meetings in any twelve (12) month period. Any Planning
Commissioner who is absent from twenty-five (25) percent or more meetings within a twelve
(12) month period or is absent from three (3) consecutive Planning Commission meetings
may be removed from the Planning Commission pursuant to Section 2.12.020(8) of the
Municipal Code. (Ord. 20-02 § 2 (A, B); Ord. 16-92 § 1: Ord. 12-84 § 1: Ord. 5 §§ 2, 3, 1982)
2.12.030 Expenses and compensation.
Planning Commission members shall be entitled to reimbursement for expenses as the
Council may approve. In addition, Planning Commission members shall be paid fifty dollars
($50) for each meeting attended, to a maximum of three (3) meetings in a calendar month;
provided, that Commission members shall not be deemed to be:) city employees by virtue of
such payment. (Ord. 24-99 § 2 (part): Ord. 11-89 § 1: Ord. 5 §4, 1982)
2.12.040 Chairman-Rules-Records-Meetings.
The Planning Commission shall elect a Chairperson and Vice Chairperson from its
membership annually. In the absence or disability of either the,:.hairperson or Vice
Chairperson, the Commission may designate a temporary Chairperson. The Commission
shall hold at least one (1) regular meeting each month and such other meetings as may be
necessary. The Commission shall adopt rules for the transaction of its business and shall
keep a public record of its resolutions, transactions, findings and determinations. The rules
shall provide that not less than three (3) affirmative votes shall oe required to recommend
Attachment 1
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Chapter 2.12 PLANNING COMMISSION
Page 2 of 3
matters to the City Council for adoption. The Commission shell appoint a secretary who
may be one of its members or someone else. (Ord. 16-92 § 2: Ord. 5 § 5, 1982)
2.12.050 Powers and duties-Generally.
The Planning Commission shall have the power and it shall be its duty:
A. To recommend for adoption by the City Council a comprehensive long-term general
plan for the physical development of the city and of any land outside its boundaries which in
the Planning Commission's judgment bears relation to its planning;
B. To recommend for adoption by the City Council specific glans based on the general
plan and drafts of such regulation, programs and legislation as ray in its judgment be
required for the systematic execution of the general plan;
C. To periodically review the capital improvement program of the city;
D. To recommend for adoption by the Council a zoning ordinance and to perform such
other duties in reference to planning and zoning and land use matters as may be required by
the Council. (Ord. 5 § 6, 1982)
2.12.060 Term limits.
No person shall serve as a Planning Commissioner for more than two (2) consecutive four
(4) year terms. As used herein, a person shall be considered to have served a "term" of office
as a Planning Commissioner if such person has served as a Planning Commissioner for two
(2) years plus one (1) day. (Ord. 20-02 § 2(C))
2.12.140 Appeals-Transmittal of record.
The City Clerk shall indicate upon every notice of appeal received pursuant to
Section .12.130 the date upon which it was filed, and shall forthwith transmit a copy thereof to
the Community Development Director. The Community Development Director shall
immediately make available to the City Council all of the documents constituting the record
upon which the action appealed was taken. (Ord. 5-96 § 1 (part); Ord. 11 § 2, 1982)
2.12.150 Appeals-Community Development Director to be represented.
The Community Development Director shall be represented at the hearing on the appeal, in
order to make known the reasons for the action taken. (Ord. 5-96 § 1 (part); Ord. 11 § 3,
1982)
2.12.160 Appeals--Notice of hearing.
The City Council shall give written notice of the time and place for hearing any appeal filed
pursuant to Section 2.12.130. Such notice may be published and shall be given to the
applicant, to the appellant, to the Planning Commission and the Community Development
Director, and to any other person requesting such notice and depositing with the City Clerk a
self-addressed, stamped envelope to be used for that purpose. (Ord. 5-96 § 1 (part); Ord. 11
§ 4, 1982)
2.12.170 Appeals-Action on appeal by City Council.
The City Council may hear additional evidence and may sustain, modify or overrule any
action brought before it on appeal pursuant to Section 2.12.130, and may make such findings
and decisions as are not inconsistent with state law and city ordinances; provided that, if no
motion relative to the action appealed attains a majority vote of the City Council within thirty
(30) days from the date of the hearing by the City Council thereon the action shall stand
sustained and be final. (Ord. 11 § 5, 1982)
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Chapter 2.12 PLANNING COMMISSION Page 3 of 3
This page of the Dublin Municipal Code is current through Ordinance 47- Code Publishing Company
08, passed December 16, 2008. Voice: (206) 527-6831
Disclaimer: The City Clerk's Office has the official version of the Dublin Municipal Fax: (206) 527-8411
Code. Users should contact the City Clerk's Office for ordinances passed Email: CPC@codepublishing.com
subsequent to the ordinance cited above.
City Website: http://www.ci.dublin.ca.us/
Telephone number: (925) 833-8741
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