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HomeMy WebLinkAboutItem 4.05 Planing Commission Rules~.~o~'DU~ CITY CLERK ~ ~` File # ^©~~ 0® 1~ -' ~ ~ ~~ ~``~ 1/ .n,_ _ std AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 7, 2009 SUBJECT: CONSENT CALENDAR: Review of Planning Commission Chapter in the Municipal Code Report Prepared by Jeri Ram, Community Development Director ATTACHMENT: 1) City Council Agenda Statement dated June 16, 2009, without attachments; 2) Draft Ordinance Amending Chapter 2.12 of Title 2 of the Dublin Municipal Code Relating to Duties and Rules and Records of the Planning Commission. RECOMMENDATION: Waive the Second Reading and Adopt an Ordinance Amending ~Ci Chapter 2.12 of Title 2 of the Dublin Municipal Code Relating to ~;~- Duties and Rules and Records of the Planning Commission. FINANCIAL STATEMENT: No financial Impact. DESCRIPTION: At the City Council/Commission Goals and Objectives Workshop on February 2, 2009, the Mayor suggested, and the City Council agreed, that it would be a good idea for each of the Commissions and Committees to review and validate their particulaz scope of responsibilities. Following this review, Staff would prepaze a report to the City Council noting that the review had taken place, noting Commission/Committee comments and any suggested revisions. On April 14, 2009 the Planning Commission, at a public meeting, reviewed the Commission's scope of responsibilities as defined in the Municipal Code, as noted above and recommended changes to the Municipal Code relating to Sections 2.12.040 and 2.12.050. These Amendments would clarify the Commission's role relating to design review in the City; require that the roles of Chairman and Vice Chairman be rotated; and, clarify how the Secretary to the Commission is appointed. At the City Council meeting of June 16, 2009, the City Council concurred with the Planning Commission's recommendation and held a first reading on the attached draft Ordinance amending the Municipal Code. RECOMMENDATION: Staff recommends that the City Council waive the Second Reading and Adopt an Ordinance Amending Chapter 2.12 of Title 2 of the Dublin Municipal Code Relating to Duties and Rules and Records of the Planning Commission. ------------------------------------------------------------------------------------------------------------ COPIES TO: Page 1 of 1 ITEM NO. G: IAgendas120091PC Mission & RoleslPc Mission2nd readingCCSR7-7-09.doc ni ~~ ~~ -; -.~. \~~ SUBJECT: CITY CLERK File # Q^Q^-~Q ~S AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 16, 2009 Review of Planning Commission Chapter in Municipal Code Report Prepared by Jeri Ram, Community Development Director ATTACHMENTS: 1) City of Dublin Municipal Code Chapter 2.12. 2) Planning Commission Minutes dated April 14, 2009. 3) Draft Ordinance Amending Chapter 2.12 of Title 2 of the Dublin Municipal Code Relating to Duties and Rules and Records of the Planning Commission. RECOMMENDATION: i) Receive Staff presentation; 2) Deliberate; and 3) Waive Reading and Introduce an Ordinance Amending Chapter 2.12 of Title 2 of the Dublin Municipal Code Relating to Duties and Rules aid Records of the Planning Commission (Attachment 3). FINANCIAL STATEMENT: No financial Impact. DESCRIPTION: At the City Council/Commission Goals and Objectives Workshop on February 2, 2009, the Mayor suggested, and the City Council agreed, that it would be a good idea for each of the Commissions 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 in the City of Dublin Municipal Code as Chapter 2.12 (Attachment 1). This Chapter of the Municipal Code was last amended on December 3, 2002. The purpose of that amendment was to: 1) encourage increased participation by a wider variety of Dublin citizens by putting ------------------------------------------------------------------------------------------------------------ COPIES TO: Page 1 of 3 G: IAgendas120091PC Mission & RolestPc Mission CCSR6-16-09.doc Attachment 1 into place term limits; and 2) to ensure that proper procedures are in place relating to a ~ dance~at Commission meetings. oC ~t,.// 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: 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 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. ANALYSIS: On April 14, 2009 the Planning Commission at a public meeting reviewed the Commission's scope of responsibilities as defined in the Municipal Code, as noted above. A copy of the Planning Commission Minutes is attached as Attachment 2. The Planning Commission's discussion included how the Commission's role was different from the City Council's role in making decisions. The consensus was that the Planning Commission's scope was limited to land use while the City Council's scope of issues was much broader and factored in other issues when making land use decisions. Additionally, there was discussion related to Item D, above. In particular, although the Planning Commission is aware that the Site Development Review Section of the Zoning Ordinance, which relates to architecture and site design, is included within the scope of the Planning Commission, the Commission indicated that they would like to include the term "architecture" within the "duty" statements above because architecture and design decisions are a large part of their function. Following a discussion of the Roles and Responsibilities Section 2.12.050 of the Municipal Code, the Planning Commission began to discuss other Sections of the Chapter relating to the Planning Commission. The Planning Commission also discussed two other issues relating to Section 2.12.040 of the Municipal Code which currently reads as follows: 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 Chairperson 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) aff rmative votes shall be required to recommend matters to the City Council for adoption. The Commission shall appoint a secretary who may be one of its members or someone else. Page 2 of 3 ~~ The Planning Commission discussed how to make available the Chair and Vice Chair function to all the Planning Commissioners while in office. There was consensus that a recommendation be made to the City Council to amend the Municipal Code to require a rotating Chair and Vice Chair. This change would require an amendment to Section 2.12.040 of the Municipal Code. Under this same Section of the Municipal Code there is a provision for the appointment of a Secretary to the Planning Commission. Staff explained that this record-keeping function is typically performed by the Staff. The latest appointment to this position was in 2001 when the Planning Commission appointed the Planning Manager to this position. The Planning Commission wanted to clarify how the Secretary of the Planning Commission is appointed. Over the last 15 years the Secretary to the Planning Commission has been the Planning Director, the Community Development Director, and currently, the Planning Manager. It is therefore likely that the Secretary (which maintains Planning Commission records) will be City Staff. Therefore, Staff recommends the clarifying language below be included in the draft Ordinance (Attachment 3): The addition of the phrase "design review" which is more description of the Commission's function rather than the word "architecture" within the text of Chapter 2.12.OSOD as follows: To recommend for adoption by the Council a zoning ordinance and to perform such other duties in reference to planningL amp zonings awl land use and design review matters as may be required by the Council. And, 2. Two changes to Chapter 2.12.040 requiring the position of Chair and Vice Chair be rotated every year so that every Planning Commissioner would have the opportunity to serve in those positions, if so desired, in their four-year term with the option to decline as follows; and, clarifying language regarding the Planning Commission Secretary: 2.12.040 Chairman-Rules-Records Meetings. The Planning Commission shall elect a Chairperson and Vice Chairperson from its membership annually. The Commission shall unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment with the intent that no one should serve in the position for two consecutive years. In the absence or disability of either the Chairperson or Vtce 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 be required to recommend matters to the City Council for adoption. .The City Manager or City Manager's desiQrtee shall serve as the Secretaryto the Planning~Commission. RECOMMENDATION: Staff recommends that the City Council 1) Receive Staff presentation; 2) Deliberate; and 3) Waive Reading and Introduce an Ordinance Amending Chapter 2.12 of Title 2 of the Dublin Municipal Code Relating to Duties and Rules and Records of the Planning Commission. Page 3 of 3 ~~~ ORDINANCE NO. XX-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 2.12 OF TITLE 2 (ADMINISTRATIVE/PERSONNEL) OF THE DUBLIN MUNICIPAL CODE RELATING TO DUTIES AND RULES AND RECORDS OF THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, on February 2, 2009, at the City Council/Commission Goals and Objectives Workshop, the City Council requested that each City Commission review their respective duties or mission and that Staff prepare a report with any recommended changes to be submitted to the City Council; and WHEREAS, on April 14, 2009, the Planning Commission met at a public meeting and received a Staff Report initiating the requested review of Chapter 2.12 of the Municipal Code relating to Planning Commission duties under Section 2.12.050 of the Municipal Code; and WHEREAS, the Planning Commission requested three changes to the Municipal Code with the intent of modifying Chapter 2.12.050 relating to duties to 1) add in Commission responsibilities relating to review of architecture; 2) modifying Chapter 2.12.040 relating to rotation rather than election of Chair and Vice Chair; and 3) modifying Chapter 2.12.040 relating to clarifying the appointment of Secretary to the Commission; and WHEREAS, the City Council received a report from Staff at the City Council public meeting of June 16, 2009, with information and analysis regarding the Planning Commission request and a recommendation to approve the amendments requested by the Planning Commission; and NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: SECTION 1. Chapter 2.12.040 of the Municipal Code, entitled Planning Commission - Chairman- Rules-Records-Meetings, is hereby amended to read as follows: 2.12.040 Chairman--Rules-Records-Meetings. The Planning Commission shall elect a Chairperson and Vice Chairperson from its membership annually. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for two consecutive years. In the absence or disability of either the Chairperson 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 be required to recommend matters to the City Council for adoption. The City Manager or City Manager's designee shall serve as the Secretary to the Planning Commission. Attachment 2 _./~' SECTION 2. Chapter 2.12.050 of the Municipal Code entitled, Powers and duties -Generally, is hereby amended to read as follows: 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 plans based on the general plan and drafts of such regulation, programs and legislation as may 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, zoning, land use and design review matters as may be required by the Council. SECTION 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances. SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days following its adoption. SECTION 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this day of , 2009 by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Caroline Soto, City Clerk Mayor 2