HomeMy WebLinkAbout2021-14 - Planning Commission Appointment by District ChangeORDINANCE NO. 2021-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
AMENDING SECTION 13-10 (PLANNING COMMISSION) OF ARTICLE 3 (REVIEW
AUTHORITIES) OF CHAPTER I (IN GENERAL) OF TITLE 13 (PLANNING, ZONING AND
DEVELOPMENT) OF THE COSTA MESA MUNICIPAL CODE
WHEREAS, Section 13-10 (Planning Commission) of Article 3 (Review Authorities) of
Chapter I (In General) of Title 13 (Planning, Zoning and Development) of the Costa Mesa Municipal
Code outlines the requirements relating to the Planning Commission; and
WHEREAS, pursuant to Section 13-10 of the Costa Mesa Municipal Code, the Planning
Commission consists of seven (7) members, each nominated by a single member of the City Council
by district, and approved by a majority vote of the entire City Council; and
WHEREAS, the City Council desires to amend Section 13-10 for the Planning Commission
to eliminate any residency requirement in a particular district of the City for the seven (7) members.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 13-10 of Article 3 of Chapter I of Title 13 of the Costa Mesa Municipal
Code is hereby amended to read as follows:
(a) Commission. Pursuant to the provisions of section 65101 of the Planning and Zoning
Law of the California Government Code, there is hereby created a planning
commission, which shall consist of seven (7) members.
(b) Appointment and removal of commissioners. Each council member elected by district
shall nominate a planning commission member, subject to approval by a majority vote
of the entire city council. The mayor shall nominate a planning commission member,
subject to approval by a majority vote of the entire city council. Planning commission
members sere at the pleasure of the city council. A member may be removed prior
to the expiration of his or her term by a majority vote of the entire city council.
Additional details for the appointment procedures and member qualifications, terms
and compensation may be set by city council policy.
(c) Residency. Each member of the planning commission must be a resident of the City
of Costa Mesa at the time the member is nominated and appointed. If any member of
the planning commission ceases to be a resident of the City that member's
appointment will automatically terminate. The secretary of the planning commission
shall immediately inform the city council of any such termination.
(d) Term. The term of each planning commission member shall expire on the date on
which the second regular meeting in January is held immediately following expiration
of the term of the council member or mayor who appointed that member, or until he
or she is reappointed or replaced.
(e) Ex-officio member of commission. The director of development services and city
attorney or designee shall attend the meetings of the planning commission and assist
the commission in an advisory capacity as needed.
Ordinance No. 2021-14 Page 1 of 5
(f) Absence from commission meetings without cause. If a planning commission member
is absent from three (3) consecutive regular meetings of the commission, without
cause, the office of the member shall be deemed to be vacant and the term of such
member terminated. The secretary of the planning commission shall immediately
inform the city council of such termination.
(g) Absence from commission meetings for cause. An absence due to illness or an
unavoidable absence from the city and written notice thereof given to the secretary of
the planning commission on or before the day of any regular meeting of the
commission shall be deemed absence for cause.
(h) Councilmember ineligibility. No member of the city council shall be eligible for
membership on the planning commission.
(i) Authority of the planning commission.
(1) The planning commission shall have the power, except as otherwise provided
by law, to act on plans for the regulation of the future growth, development
and beautification of the city, in respect to:
a. Public and private buildings and works, streets, parks, grounds and
vacant lots.
b. The future growth and development of the city in order to secure
sanitation, proper service of all public utilities, shipping and
transportation facilities.
C. The location of any proposed buildings, structures, or works.
(2) The planning commission is authorized to act upon the following discretionary
actions:
a. Recommend to the city council approval, conditional approval or denial
of general plan amendments, specific plans, rezones, Zoning Code
amendments, development agreements, density bonuses with public
financial incentives, preliminary and final master plans, and any other
action specified in this Zoning Code.
b. Recommend to the Successor Agency to the former redevelopment
agency approval, conditional approval or denial of redevelopment
actions, or adoption and/or amendments to a redevelopment plan.
C. Approve, conditionally approve or deny applications for conditional use
permits, variances, tentative tract and parcel maps, density bonuses
without public financial incentives, and any other action specified in
this Zoning Code.
Ordinance No. 2021-14 Page 2 of 5
d. Perform other duties necessary to carry out the provisions reserved to
the planning commission in Title 10 of the Municipal Code, the
provisions of this Zoning Code and the provisions of the Planning,
Zoning and Development Law of the State Government Code.
Q) Commission bylaws authorized. The planning commission shall have the power,
except as otherwise provided by law, to adopt such bylaws as it may deem necessary
to provide for:
(1) The time and place of meeting.
(2) The time and method of electing officers.
(3) Such other matters relative to the organization of the planning commission
and methods of administration of its duties which are not otherwise provided
for by statute or ordinance.
(k) Regular meeting of commission defined. A regular meeting as provided by law or
by rule of the planning commission or any regularly advertised public hearing shall
be deemed a regular meeting.
Section 2. Current Planning Commission Members. The terms of planning
commission members holding office on the effective date of this Ordinance shall continue until the
scheduled expiration of his or her term, or until his or her respective successor is appointed.
Section 3. Environmental Compliance. This Ordinance has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the
City's environmental procedures, and has been found to be exempt pursuant to Section 15061(b)(3)
(General Rule) of the CEQA Guidelines because it can be seen with certainty that there is no
possibility that the passage of this Ordinance will have a significant effect on the environment.
Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted
this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final
passage.
Ordinance No. 2021-14 Page 3 of 5
Section 7. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published or posted in the manner required by law.
PASSED AND ADOPTED this 3`d day of August, 2021.
ATTEST:
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Brenda Green,ttity Clerk
John Stephens, Mayor
APPROVED AS TO FORM:
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Kimberly k all Barlow, City Attorney
Ordinance No. 2021-14 Page 4 of 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 2021-14 was duly introduced for first reading at
a regular meeting of the City Council held on the 20th day of July 2021, and that thereafter,
said Ordinance was duly passed and adopted at a regular meeting of the City Council held
on the 3►d day of August, 2021, by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: GAMEROS, HARLAN, REYNOLDS, AND MARR.
NOES: COUNCILMEMBERS: CHAVEZ, HARPER, AND STEPHENS.
ABSENT: COUNCILMEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa
Mesa this 41h day of August, 2021.
Brenda Green, City Clerk
Ordinance No. 2021-14 Page 5 of 5