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2009-36R Planning Commission as revised ORDINANCE NO. 2009-36R AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, REPEALING AND READOPTING CHAPTER 2.20 TO THE MENIFEE MUNICIPAL CODE PROVIDING FOR A PLANNING COMMISSION TO REMOVE PLANNING COMMISSION ALTERNATES THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.20 of the Menifee Municipal Code is repealed in its entirety and readopted to read as follows: CHAPTER 2.20 Sections: 2.20.010 Planning Commission Established; Membership and Qualifications 2.20.020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 Absence of Commissioners 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. . (b) Each Planning Commissioner 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 shall be designated on the City's Conflict of Interest Code. Ordinance No. 2009-36R 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. . 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 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. 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. 2.20.060 Resignation A Planning Commissioner may resign by providing his/her written resignation to the City Clerk and the resignation shall be effective when received by the Clerk. 2.20.070 Removal for absence A Planning Commissioner 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 Absence of Commissioner(s) In the event that one or more Planning Commissioner is absent from at meeting at which there will be a public hearing on a project, the project proponent may request and shall be granted a continuance until such time as all five members of the Planning Commission are present. 2.20.090 Stipend Each Planning Commissioner 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 4828-2138-7523.1 2 Ordinance No. 2009-36R Planning Commission 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. (f) Hear appeals of Community Development Director decisions. (g) Hear public nuisance matters. (h) 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 visual nature of presentations before it, the Planning Commission elects not to allow teleconferencing. (b) The presence of three (3) Planning Commissioners 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. 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. 4828-2138-7523.1 3 Ordinance No. 2009-36R Planning Commission (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 or other notice of decision (United States mail, first 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 or notice of decision is mailed, file a copy of such resolution or other notice of decision 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. 4828-2138-7523.1 4 Ordinance No. 2009-36R Planning Commission (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 or other notice of decision, 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. 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, ordinance or other form of decision 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, ordinance or other form of decision, 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; 4828-2138-7523.1 5 Ordinance No. 2009-36R Planning Commission (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. 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 this 17'" day of November , 2009, by the following vote: AYES: Denver, Edgerton, Kuenzi, Mann, Twyman NOES: None ABSENT: None ABSTAIN: None ago n Wallace W. Edgerton, Vayor ATTEST: APPROVED AS TO FORM: � Z � 1 0' Kathy Bennett, City Clerk Elizabbth Marlyn 4828-2138-7523.1 6