HomeMy WebLinkAbout8.4 Muni Code Planning Commisntir/~~
~~
-~-~
1
SUBJECT:
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: 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
~-,5 and Rules and Records of the Planning Commission
~`~ (Attachment 3).
FINANCIAL STATEMENT: No financial Impact.
DESCRIPTION:
At the City CounciUCommission 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
Cornmission/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:
CITY CLERK
File # QO~~-^2
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 16, 2009
Page 1 of 3 ~ L.~
ITEM NO. ~ f
G: IAgendas120091Pc Mission CCSR6-16-09.doc
into place term limits; and 2) to ensure that proper procedures are in place relating to attendance at
Commission meetings.
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) affirmative 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):
1. 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 planningi a~ zonings a~ 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 ey ars• 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 Ci Manager or City Manager's designee shall
serve as the Secretary to 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
Chapter 2.12 PLANNING COMMISSION
Page 1 of 3
~~ ~o
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.
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 the 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 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
(o- [(o-d 9 ~• ~
Attachment 1
http://www.codepublishing.com/CA/Dublin/Dublin02/Dublin0212.htm1 6/8/2009
Chapter 2.12 PLANNING COMMISSION Page 2 of 3
2~ ~ o
matters to the City Council for adoption. The Commission shall 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 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. (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)
http://www.codepublishing.com/CA/Dublin/Dublin02/Dublin0212.html 6/8/2009
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
http://www.codepublishing.com/CA/Dublin/Dublin02/Dublin0212.htm1 6/8/2009
~~, -o
Mr. Lawrence answered the garages were designed to meet thf ~ minimum standard of 2
. Porto added that the requirement for garage space is 10'X:?0' and nothing can encroach into
t space.
ehrenberg did not want a crisis in parking because of 1 rash cans in the garage area.
Chair Wel~nberg closed the public hearing.
Cm. Swalwell f'~the project adapts to the change in the economy and had no problems with it.
Crn. King was please with the :project and liked the designs ,end larger rear yards. He felt the
City should be concern with bringing in younger families .end felt this project was good for
that.
Chair Wehrenberg stated she is ' favor of the project and wa:: happy with the larger rear yards
which are a bonus for families ~co ey can stay in Dublin. She felt the design will blend well
with the surrounding areas.
On a motion by Cm. Brown and~seconded Cm. Swalwell, 0:1 a vote of 4-0-0, with Cm. Schaub
absent, the Planning Commissio~~x:approved:
RESOLUTION .09-11
A RESOLUTION OF THE PLA C~~MMISSION
OF THE CITY OF DUBL
APPROVING AN AMN;NDMENT TO THE SITE DE'VELO ENT REVIEW .
T
NEW OR UNFINISHED BUSINESS -
9.1 Review of Planning Commission Chapter in Municipal Code
Jeri Ram, Community Development Director presented thE~ project as outlined in the Staff
Report.
Chair Wehrenberg felt the code was straight forward as to what comes to the Planning
Commission.
~P(mittittg Commission 67 ,7pnC14, 2009
tZegu(m `Meeting
AND AMENDING THE CONDITIONAL FUSE PE
FOR SALERNO II AT POSITAN0,149 UNITS O
APPROXIMATELY 34 ACRES WITHIN TRACT 7586
PA 07-005
Attachment 2
Ms. Ram mentioned that at tonight's meeting the Planning Commission reviewed r n~ZSe~,
design of a project and a Conditional Use Permit which relatE~s to the Zoning Ordinance on lot
coverage and stated that this section of the Municipal Code i.s the basis for determining what
projects go to the Planning Commission.
Chair Wehrenberg stated she did not have any changes to the :mission but would like to address
other areas of the Planning Convnission Code Section.
Cm. Brown asked where CEQA :ind EIR's fit into the Planning Commission mission.
Ms. Ram answered the California Environmental Quality ActCEQA) relates to land use issues.
She also mentioned that Kit Faubian, City Attorney will give the Planning Commission a CEQA
presentation as well as information regarding the Eastern Dublin Specific Plan EIR at an
upcoming Planning Commission. meeting.
Chair Wehrenberg mentioned that CEQA and traf#ic reports are all part of the project reviewed
by the Planning Commission.
Kit Faubion, City Attorney mentioned that CEQA is not a sta nd alone law but only comes into
play when there is a project that needs a decision.
Cm. King felt there was some uncertainty regarding what is relevant to land use. He felt "land
use' should be made more specific. He wanted to avoid being concerned about overstepping
into the City Council realm. He was concerned whether the Planning Commission is supposed
to consider social and economic factors. He felt that the Planning Commission could be against
a project only because of land use issues but the City Council could support it.
Chair Wehrenberg stated the Commission enforces land use issues and the City Council has
additional realms and the Planning Commission should use their best judgment in making
decision. She felt that the Commission would not always agree with the City Council but the
Council should take into considE~ration the Commissions reascros in making their decisions.
Cm. King asked if they should be concerned with a private school next to a public school.
Chair Wehrenberg answered no.
Cm. King asked if the Commission should be concerned with having more than three Starbucks
into Dublin.
Chair Wehrenberg answered that usually the Commission doegn t know what business will go
into a building but must look at what the building is zoned fo~~ and what type of business can go
in under a Conditional Use Permit. She felt the City has a good Zoning Ordinance and the
Commission only needs to be concerned if it is an appropriate use. She felt that the Commission
should be proud of their decisions.
~t'~anning Cemmtssion 6g fipnC 14, 2009
~Kygular.'Neeting
Cm. King asked if it would be ril;ht to vote against a project that has expansive Lawns ~u~o the
State's water situation. He felt that it is a land use issue but on a much larger scale.
Chair Wehrenberg mentioned the Green Building Self-Certification Ordinance and as a result
felt that the Commission would be looking at more water frie)Zdly landscaping and maybe rock
or synthetic lawns. She felt that the Commission would be within their responsibility to
comment on such projects and perhaps change it to be more water friendly.
Mr. Ram mentioned that one of the City Council's Goals & Objectives for FY 09-10 is to create a
Green Initiative Task Force to take a look at different issues.
Cm. King referred to Section 2.12.050 - He felt that the Commission spends a lot of time
reviewing architectural plans and felt that makes the Commission an Architectural Review
Committee as well. He asked ii that should that be included in the mission and he felt that it
should be included.
Chair Wehrenberg mentioned their attendance at the League of California Cities and stated that
a lot of the other cities that attended had either a Planning Commission or an Architectural
Review Board. She felt that the Planning Commission is entrzsted with architectural review to
modify or change projects. k~owever, she felt that the Commission's mission includes
architectural review and refers to the Planning Commis;~ion but does not reference an
Architectural Review Board.
Ms. Ram stated that the Code refers to the Zoning Ordinance and the Zoning Ordinance has a
Site Development Review (SDR) section which includes many things and therefore their
mission includes architectural review. She stated the Convnission could ask the Council to
include design review or architectural review.
Cm. King agreed with Ms. Ram and felt that architecture is nut technically part of land use and
therefore asked if the Commission should be reviewing it. fie felt that architecture should be
added to make it clear that when you say "land use' that includes architecture.
Ms. Ram stated that the code does as far as the Planning Commission is the body that reviews
Zoning Ordinance issues and ~•hen the SDR findings are m~ide the Commission is approving
the design, the layout, and the architecture in accordance with the Zoning Ordinance.
Cm. King felt~that "architectural review' should be added to the Municipal Code.
Cm. Brown agreed with Cm. King.
Cm. Brown asked if it is appropriate to consider adding the Planning Commission procedures
from the back of the agenda as a separate section of the code.
Chair Wehrenberg did not think so. She stated there are multiple documents that show what
the Planning Commission does. She mentioned the Rules and Procedures which is a Planning
Commission document.
~P(.mning ('ommission 69 /`iprz! 14, 2009
~~~:gufirr ;Nerting
~~ ~~
Ms. Faubion responded that the section that has the Planning; Commission duties is the actual
municipal code and adopted by the Council. She continued that the procedures on the back of
the agenda might be something to have on a regular basis, lout the ordinance may not be the
best place for it.
Chair Wehrenberg stated that the rules are always on the back of the agenda.
Cm. King asked if there is a consensus regarding the land use discussion.
Cm. Swalwell was not moved one way or the other but didn't feel there needs to be a bullet
point regarding land use and architecture review. He felt it vas already stated in the Planning
Commission Chapter 2.12., but they could add: "and to perfi~rm such other duties in reference to
planning and zoning, architecture review and land use matters."
Chair Wehrenberg felt there way. a consensus at the League of California Cities that there should
be either a Planning Commission or an Architectural Review Board and felt that adding that to
the chapter would be good.
Chair Wehrenberg asked if the Commission could make modifications to section 2.12.030
Expenses and Compensation.
Ms. Ram answered that the Council specifically directed the Commission to take a look at the
Planning Commission mission which is already defined by Ordinance.
Chair Wehrenberg felt it was important to make some of the sections stronger.
Chair Wehrenberg asked for clarification as to Item C in Section 2.12.020 Membership -
Appointment-Term-Removal regarding the removal of a Commissioner for lack of attendance.
She asked who determines the number of meetings missed.
Ms. Ram stated that there have riot been problems and that St~-ff keeps attendance records.
Chair Wehrenberg asked if the Planning Manager would enforce the attendance code.
Cm. Swalwell mentioned that Item C references 2.12.020 B which gives the "authority to
remove" therefore it comes down to the totality of the circ~imstances weighed by Council if
someone is recommended for removal. He felt it was purposefully vague to allow for some
discretion.
Chair Wehrenberg felt that it should not be changed.
Chair Wehrenberg Section 2.12..040 where it mentioned the "Planning Commission shall elect a
Chair and Vice Chair from it's mF•mbership annually" She wantE~d to add that the Commissioners
rotate the responsibility of Chair and Vice Chair ever) year so that every Planning
Commissioner would have the opportunity to serve as Chair or Vice Chair.
~VGinning ~'ommirsion 7~ Aprif la, 2009
~ij~guCur SKectinp
Cm. King agreed. ~~ ~
Cm. Brown agreed.
Cm. Swalwell asked what would be the situation if the Commissioner turned it down.
Chair Wehrenberg answered th~~t the Commissioner could ha ae that option to turn it down, but
felt it was important to allow everyone to have an opportunit~•.
Cm. Swalwell agreed. Cm. Schaub was absent from the meeting.
Ms. Ram stated the Planning Commission could make that recommendation to the Council.
Chair Wehrenberg asked who is the Secretary for the Planninf; Commission.
Ms. Ram answered the Planning Manager is the Secretary for i:he Planning Commission.
Chair Wehrenberg asked if the code needs to be specif is in regards to the Secretary's
appointment.
Ms. Ram answered that the Commission appointed the Planning Manager as Secretary and it
was never changed. She did not feel it needs to be chan;;ed because it gives flexibility if
something happens to the Planning Manager someone else caii be appointed.
Ms. Ram stated the items that were mentioned by the Commis sinners:
• Add a subsection on architectural review or add it undf'r D -all agreed.
• Chair Wehrenberg wanted to add that the Commission rotates the Chair and Vice Chair
every year. Ms. Ram asked for clarification regarding how they wanted the election to
work. Chair Wehrenberg stated her choice would be that the Commissioners rotate so
that they would not serve twice in their four year term with the option to decline. Ms.
Ram agreed to draft the section -all agreed.
• Clarify who appoints the Secretary of the Planning Commission -all agreed.
OTHER BUSINESS -NONE
10.1 Brief INFORMATION ONLY reports from the Pla~:uiing Commission and/or Staff,
including Committee Reports and Reports by the :Manning Commission related to
meetings attended at City Expense (AB 1234).
There was a discussion regarding the Study Session at the nE~xt Planning Commission meeting
on Apri128~ with the Housing Committee to discuss the Hou:~ing Element of the General Plan.
Chair Wehrenberg mentioned that she will not be able to attend the June 3rd study session.
~Plunning ('ommission 71 }iprill~J, 2009
4jf polar St-leering
~~~~
ORDINANCE NO. XX-09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING CHAPTER 2.12 OF TITLE Z (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 ~'~ .m~^^~ ~^~~ ~
vvii iau ~~i OT'r~iICCT3ZCf7pVIIirCL~.^GITI+
be-~o~embers o~e~reerre-elr.~ The Cit Manager or City Manager's
designee shall serve as the Secretary to the Planning Commission.
Attachment 3
~o~,~~
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= a~ zoning1 a~ 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:
Mayor
ATTEST:
Caroline Soto, City Clerk
2