2009-36 Establishing a Planning Commission ORDINANCE NO.2009-36
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, ADDING CHAPTER 2.20 TO THE MENIFEE MUNICIPAL
CODE PROVIDING FOR A PLANNING COMMISSION
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.20 is added to the Menifee Municipal Code to read as follows:
CHAPTER 2.20
Sections:
2.20.010 Planning Commission Established; Membership and Qualifications
2.20.020 Appointment
2.20.030 Term of Office
2.20.040 Removal
2.20.050 Vacancy
2.20.060 Resignation
2.20.070 Removal for Absence
2.20.080 Service of Alternates
2.20.090 Stipend
2.20.100 Functions and Duties of Planning Commission
2.20.110 Conduct of Planning Commission Meetings
2.20.120 Conduct of Planning Commission Hearings
2.20.130 Planning Commission Decisions and Findings
2.20.140 Effective Date of Planning Commission Decision
2.20.150 Appeal Procedure
2.20.160 City Council Referral Back to Planning Commission
2.20.170 City Council Decision and Findings
2.20.010 Planning Commission Established; Membership and Qualifications
A Planning Commission hereby is established effective July 1, 2009, to perform planning
and zoning functions on behalf of the City as required by state law and as assigned by the City
Council.
(a) The Planning Commission shall consist of five (5) members and two (2)
alternates.
(b) Each Planning Commissioner or alternate must be a current City resident and
registered voter of the City and cannot be a member of another City Commission, a City officer
or a City employee.
(c) Each Planning Commissioner and alternate shall be designated on the City's
Conflict of Interest Code.
Ordinance No. 2009-36
Planning Commission
2.20.020 Appointment
(a) Each City Council member in his/her sole discretion shall appoint one Planning
Commissioner. Each City Council member may determine whether or not to utilize the
application process in making such appointment.
(b) In addition, the City Council shall take applications for and thereafter, by majority
vote, shall appoint two alternate Planning Commissioners.
2.20.030 Terms of Office
(a) Each Planning Commissioner shall serve at the pleasure of his/her appointing
City Council member, for the same term as that Council member and until the Planning
Commissioner's successor is appointed and qualifies. At the first City Council meeting in
January following each regular municipal election, each City Council member shall make his/her
Planning Commissioner appointment
(b) Each alternate shall serve a two-year term, except that the term of the initial
alternates shall commence on July 1, 2009, and end at the first City Council meeting in January
following the regular municipal election. At that City Council meeting, and thereafter at the first
city Council meeting in January following each regular municipal election, the City Council shall
appoint its two alternates.
(c) There shall be no limit on the number of terms a Planning Commissioner or
alternate may serve.
2.20.040 Removal
(a) A Planning Commissioner may be removed by his/her appointing Council
member or by majority vote of the City Council.
(b) An alternate may be removed by majority vote of the City Council.
2.20.050 Vacancies
(a) An unexpected vacancy in a Planning Commissioners' term (i.e., one occurring
other than by expiration ) shall be filled by the appointing City Council member for the remainder
of the term after posting as provided by Government Code Section 54974.
(b) An unexpected vacancy in the term of an alternate shall be filled by majority vote
of the City Council after posting as provided by Government Code Section 54974.
2.20.060 Resignation
A Planning Commissioner or alternate may resign by providing his/her written
resignation to the City Clerk and the resignation shall be effective when received by the Clerk.
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2.20.070 Removal for absence
A Planning Commissioner or alternate who is absent (whether or not excused) from
three (3) consecutive regular planning commission meetings or a total of six (6) regular planning
commission meetings during any calendar year shall be deemed to have vacated the position at
the close of the meeting during which the final absence occurs and the vacancy shall be filled as
set out in 2.20.050 above. -
2.20.080 Service of Alternates
(a) An alternate shall attend all Planning Commission meetings but shall not
comment or vote until he/she is called upon to replace an absent Planning Commissioner.
(b) At the initial Planning Commission meeting, the two alternates shall randomly
determine which of the two shall be the first to serve as a replacement Planning Commissioner
when a Planning Commissioner is absent from a regular or special meeting. Thereafter, such
alternate shall serve as the replacement for an absent Planning Commissioner until the
Planning Commissioner returns or is replaced. The second alternate shall fill the next absence.
In the event there are two Planning Commissioners absent, each alternate shall serve.
(c) While serving as a replacement, an alternate shall have the same power to
discuss and vote and shall be considered a Planning Commissioner for all purposes, including
forming a quorum, except for service as the Chair, as provided below.
2.20.090 Stipend
Each Planning Commissioner and alternate shall receive a stipend of$75.00/meeting for
each regular or special meeting he/she attends. No Planning Commissioner shall be paid
unless he/she attends substantially all of the meeting. In addition, after completion of ethics
training, Planning Commissioners may be reimbursed for education and travel expenses
pursuant to City Council Policy No. 2.
2.20.100 Functions and Duties of Planning Commission
The Planning Commission shall have the following functions and duties:
(a) Study and make recommendations to the City Council regarding the General
Plan.
(b) Develop and make recommendations to the City Council regarding specific
plans.
(c) Advise the City Council regarding the City's proposed capital improvement
program for consistency with the City's General Plan.
(d) Assist, advise and make recommendations to the City Council regarding the
comprehensive zoning ordinance.
(e) Recommend to the City Council actions to be taken on proposed projects, or take
final action on projects as provided by state law and this Code or other City ordinances.
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(f) Hear appeals of Community Development Director decisions.
(g) Hear public nuisance matters.
Undertake such other duties as provided by state law or as assigned by the City Council.
2.20.110 Conduct of Planning Commission Meetings
(a) The Planning Commission shall establish its own procedural rules which shall
comply with the Ralph M. Brown Act, other applicable local and state laws and regulations, this
Chapter and City Council Policy No. 1 (Rules of Decorum). Because of the provision for
alternates and the visual nature of presentations before it, the Planning Commission elects not
to allow teleconferencing.
(b) The presence of three (3) Planning Commissioners (including alternates) shall
constitute a quorum of the Planning Commission which may take action unless otherwise
required by law. Such rules shall provide that each year at the second Planning Commission
meeting of January of each year, the Planning Commission will elect or re-elect a Chair and
Vice-Chair. The Chair and Vice-Chair shall serve until their replacements are elected and
qualify.
(c) The Chair shall be the presiding officer for meetings and hearings. An alternate
serving in the Chair's absence shall not act as the Chair, but the Vice-Chair shall serve as Chair
in the absence of the Chair, unless both the Chair and Vice Chair are absent at the same time.
2.20.120 Conduct of Planning Commission Hearings
(a) All testimony at the public hearing shall be recorded or otherwise preserved or
summarized and made a part of the permanent file of the case. The failure to make such record
shall not affect the validity of any action.
(b) The Chair may continue a hearing to a certain future time, date and place, and
no further notice of the hearing shall be required. Such continuance may occur either before the
item is heard (if no one is present to testify or all those present consent to such continuance) or
after testimony has been taken and before the completion of the hearing.
2.20.130 Planning Commission Decisions and Findings
Following the termination of a public hearing or other action, although not necessarily at
the same meeting, the Planning Commission shall:
(a) Through its Chair, announce its decision to approve or deny the application at
issue;
(b) Adopt a resolution stating the facts and reasons for the decision, any conditions
or limitations, and any and all findings;
(c) Within fifteen (15) calendar days of the adoption of such resolution, notify the
applicant by mailing a true and correct copy of the executed resolution (United States mail, first
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class) to the applicant at the address shown on the application and to anyone else who has filed
a written request for such notification;
(d) At the same time as the resolution is mailed, file a copy of such resolution with
the City Clerk and place another copy in the permanent Planning files.
2.20.140 Effective Date of Planning Commission Decision
(a) All decisions of the Planning Commission except recommendations for general
plan amendments or approval of zoning amendments shall become final and effective after the
expiration of the appeal period set forth in this Chapter.
(b) Recommendations approving or denying general plan amendments shall be
transmitted to the City Council which shall conduct a duly advertised public hearing on the
matter.
(c) Recommendations approving zoning amendments shall be forwarded to the City
Council which shall conduct a duly advertised public hearing on such matter within 45 days of
receipt of the resolution as set out in this Chapter.
(d) Recommendations denying a zone change or CUP shall be filed with the City
Clerk as set out above and shall become final unless appealed as set out in this Chapter.
2.20.150 Appeal Procedures
Decisions of the Community Development Director may be appealed to the Planning
Commission. Decisions of the Planning Commission may be appealed to the City Council.
Appeals may be submitted by any interested person, in writing, and must include the specific
grounds for the appeal. All appeals must be accompanied by the fee set by the City Council
and the mailing labels necessary for the appeal.
(a) Unless otherwise provided by a specific provision of this Code, all written appeals
(whether of a Community Development Director's decision or of the Planning Commission) with
payment of the fee, must be submitted to the City Clerk no more than 10 calendar days after
adoption of the resolution of approval or denial, except for zone change denials, which must be
appealed within five (5) calendar days.
(b) The Planning Commission or City Council shall conduct a public hearing on the
appeal within thirty (30) days from the date of receipt of the appeal, which hearing may be
continued from time to time. Notice of the public hearing shall be given in the same manner as
original hearing.
(c) A timely appeal suspends and sets aside the decision of the lower authority.
(d) All appeals are de novo; the Planning Commission or City Council may approve,
deny or modify the recommendation of the lower authority.
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2.20.160 City Council Referral Back to Planning Commission
(a) The City Council may refer any matter (including but not limited to those
appealed to it) back to the Planning Commission to make changes to the project, to obtain
additional information, to consider new information or for further study.
(b) At the time of referral, the City Council shall specify a time period within which
the Planning Commission shall report back to the City Council, which time shall not be more
than 40 calendar days from the date of the referral. Failure of the Planning Commission to
report back within that time (unless otherwise extended by the City Council) shall be deemed an
approval by the Planning Commission of any City Council changes or actions. Otherwise, the
Planning Commission's report back to the City Council shall be considered at a City Council
public hearing noticed in the same manner as the original appeal or hearing.
2.20.170 City Council Decision and Findings
The City Council, following any appeal or other hearing on a planning item, although not
necessarily at the same Council meeting, shall
(a) Through the Mayor, announce its decision to approve, modify or deny the
application or appeal;
(b) Thereafter adopt a resolution or ordinance which states the facts and reasons for
such decision, any conditions or limitations thereon, and any and all findings required;
(c) Within ten (10) days after adoption of such resolution or ordinance, a copy of it
shall be mailed (United States mail, first class) to the applicant at the address shown on the
application and to any other person who has filed a written request for such notification;
(d) At the same time, a copy shall be filed with the City Clerk and placed in the
permanent Planning file;
(e) Such decision of the City Council shall be final as of the date of adoption of the
resolution or of the effective date of the ordinance.
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SECTION 2. EFFECTIVE DATE: This ordinance shall take effective 30 days from the
date of its adoption. The City Clerk shall post this ordinance as required by law.
PASSED, APPROVED AND ADOPTED thiWday of� , 2009, by
the following vote: pp �.,,'� ,I.�,
AYES:( W41 etict u z�/
NOES:�-nodlz'
ABSENT:
ABSTAIN: Yl UMC
Wallace W. Edgerton, Mayor
ATTEST: APPROVED AS TO FORM:
mma �
Kathy Bennett, City Clerk Elizab h Martyn
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