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HomeMy WebLinkAbout134 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE ) IN THE MATTER OF: ) ) Creating a Planning Commission, ) Providing for the Exercise of Its ) Powers and Duties and Prescribing ) ORDINANCE NO. 13 the Terms and Qualifications of ) the Office of Planning Commissioner ) and providing for the position of ) Planning Director. ) THE CITY COUNCIL OF THE CITY OF DANVILLE DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 comprising sections 3-101 to 3-110, is added to Title 3 of the Danville Municipal Code to read as fol 1 ows: Chapter 1 Planning Commission Section 3-101 Creation of City Planning Commission 3-102 Qualifications 3-103 Term of office 3-1 04 Removal or vacancy 3-105 Absence from meeting 3-106 Time and place of regular meeting 3-1 07 No compensation 3-108 Appointment of Chair, Vice Chair and Secretary 3-109 Adoption of rules 3-110 Duties and powers of the Commission 3-111 Quorum 3-112 Duties of officers of the Commission Section 3-101. Creation of City Planning Commission. A City Planning Commission of the City of Danville is established. The Planning Commission consists of seven members appointed by the City Counci 1. -1- Section 3-102. Term of office. The term of office of each member is four years. However, of the members first appointed, three serve until June 30, 1984, and four serve until June 30, 1986. Each member serves until his successor is appointed and qualified. Section 3-1 03. Removal or vacancy. A member of the Commission may be removed by a majority vote of the Council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. Section 3-104. Absence from meeting. If a member of the Commission is absent without cause from three successive regular meetings of the Commission, the office becomes vacant automatically. The Commission shall immediately notify the City Council of the vacancy. A member is not absent without cause if absence is (1) due to illness or (2) unavoidable and the member gives the secretary of the Commission written notice before the day of the meeting of absence and giving the reason for the absence. Section 3-105. Time and place of regular meeting. The Commission shall meet on the second Monday of each month at the hour of 7:30 o'clock p.m., at the Education Center, Danville, California. Section 3-106. No compensation. Members of the Planning Commission do not receive compensation for attendance at Commission meetings, but are entitled to reimbursement for expenses incurred in the course of their duties upon approval by the City Council. Section 3-107. Chair, Vice Chair and Secretary. The Commission shall elect a Chair and Vice Chair from among its members. The Chair and Vice Chair serve for a term of one year and until the successor of each is appointed and qualified. A secretary shall be provided for pursuant to Section 8-1 04 (2). -2- Section 3-108. Adoption of rules. The Commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations. Section 3-1 09. Quorum. Four members of the Commission constitute a quorum for the transaction of business. Section 3-110. Duties of officers of the Commission. (a) Chair. The Chair shall preside at all meetings of the Commission. The Chair shall appoint all committees and shall perform all the duties necessary or incidental to the office. (b)Vice Chair. The Vice Chair is Chair in the absence or inability of the Chair to act. (c) Secretary. The Secretary shall keep minutes of each meeting and shall record each hearing and official action. Section 2. Chapter 1 is added to Title 8 of the Danville Municipal Code to read as follows: Chapter 1 Planning Agency Section 8-101 Composition of Planning Agency 8-102 Duties and powers of the Commission 8-103 Planning Department and Planning Director 8-104 General powers and duties of Planning Director 8-105 Appeal of actions to City Council Section 8-101. Composition of Planning Agency. Under sections 65100-65512 of the Government Code, there is created the Planning Agency of the City consisting of the following component members: (1) City Council (2) Planning Commission Planning Department (4) Such other components as the City Council may create. -3- Section 8-102. Duties and powers of the Commission. The Planning Commission shall: (1) recommend for adoption by the City Council a comprehensive long term general plan for the physical development of the City. (2) 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; (3) periodically review the capital improvement program of the City; (4) recommend a zoning ordinance for adoption by the City Council; (5) recommend to the City Council the approval, disapproval or modification of all maps or plats of land subdivision in accordance with the Subdivision Map Act; (6) perform other duties regarding planning and zoning matters prescribed by the City Council. Section 8-103. Planning Department and Planning Director. (a) The city manager appoints the planning director on the basis of qualification with the approval of the City Council. In the absence or disability of the planning director, the city manager shall designate a person to perform the duties and exercise the powers of the planning director. The planning director is subject to the city manager's general administrative direction. (b) The planning director manages the planning department. Subject to the city manager's approval, the planning director may organize and maintain such divisions in the department as irrhisjudgment the operations require. The planning director is" responsible for the direction and control of functions assigned to the department. Section 8-104. General powers and duties of Planning Director. The planning director has the following powers and duties: (1) provide staff assistance to the City Council, city manager and planning commission; (2) serve as secretary to the planning commission, or designate an assi stant to serve as secretary. Before the appoi ntment of the first planning director or in the absence of the planning director or his designee, the city manager shall designate a person to act as secretary. -4- (3) make surveys, gather data, prepare reports, maps, charts and graphic presentation, adoption and revision of a general plan; (4) enforce the planning and zoning laws of the State and ordinances of the City; (5) conduct the City's environmental review process in accordance with the State Environmental Quality Act and generally be responsible for environmental matters; and (6) manage and coordinate all matters concerning housing and commercial buildings. Section 8-105. Appeal of actions to City Council. A final decision of the planning commission may be appealed to the City Council. Section 3. Section 2 of Ordinance No. 3 is repealed. Section 4. Posting. Within 15 days after the passage of this ordinance, the City Clerk shall cause it to be posted in the 3 public places designated by resolution of the City Council. The foregoing ordinance was introduced at a meeting of the City Council of the City of Danville on September 20 , 1982, and adopted at a meeting of the City Council of the City of Danville on October 11 1982, by the following vote: AYES: Lane, Mc Neely, Offenhartz, Schlendorf NOES: None ABSENI: May (excused) Attest: ciTY CLERK -5-