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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.
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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).
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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.
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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.
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(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
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