HomeMy WebLinkAboutCC Ord 1353 1992-07-27
ORDINANCE NO.~5
AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING THE CODE OF THE CITY
OF SEAL BEACH REGARDING THE FORM
AND FUNCI10N OF THE PLANNING
COMMISSION
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
ORDAIN AS FOLLOWS:
Section 1, Chapter 17 of the Code of the City of Seal Beach is hereby
amended to read as follows:
S 17-1,
S 17-2,
S 17-3,
S 17-4,
S 17-5.
S 17-6,
S 17-7,
S 17-8,
S 17-9.
S 17-10,
"CHAPTER 17
PLANNING COMMISSION
Non-Applicability of State Law Generally,
Created,
Composition and Appointment of Members,
Presiding Officer; Meetings; Quorum; Required Vote; Rules of Procedure;
Records,
Removal of Members; Vacation of Office of Members; Compensation,
Powers and Duties Generally,
General Plan--Preparation and Adoption Generally.
Same--Compliance With State Law,
Same--Hearing Before Planning Commission Prerequisite to
Recommendation to Council,
Same--Hearing Before Council Prerequisite to Adoption; Failure of Planning
Commission to Report on Changes,
Section 17-1, Non-ApJllicability of State Law Generall~, Tbe California Planning and
Zoning Law shall not apply to the City of Seal Beach except as otherwise provided by the
City Charter, the Code of the City of Seal Beach. or State law,
Section 17-2, Created, The City Council does hereby create a Planning Commission
to be known as the City Planning Commission,
Section 17-3, Composition and Appointment of Members, The C i t y P I ann i n g
Commission shall consist of five members, appointed by motion of the City Council
adopted by at least three affirmative votes, from the qualified electors of the city, none of
whom shall hold any paid office or employment in the City government. Members of the
Planning Commission shall serve a term of four years and until their successors are
appointed and qualified. If a vacancy shall occur otherwise than by expiration of term, it
shall be filled by appointment for tbe unexpired portion of tbe term, Tbe term of at least
one member of the Planning Commission shall expire each year on July first or such other
date as may be established by ordinance in accordance with provisions of the City Charter,
No member of the Commission shall serve for more than two consecutive four-year terms,
I
I
I
I
I
I
Ordinance Number ;I;f~;7
Section 17-4, PresidinlJ Officer: Meetings: Ouorum: Required Vote: Rules of Procedure:
Records, The Planning Commission shall, as soon as practicable following the first day
of July of each year, elect one of its members to serve as presiding officer (Chairman) at
the pleasure of the Planning Commission, The commission shall likewise elect one of its
members to serve as presiding officer pro tempore (Vice Chairman) at the pleasure of the
commission,
(a) The commission shall hold regular meetings on the first and third Wednesday
after the first Monday of each month in the City Council Chambers which shall be open
to the public, and may adjourn or re-adjourn any regular meeting to a date and hour
certain which shall be specified in the order of adjournment; when so adjourned such
adjourned meeting shall be a regular meeting for all purposes, If at any time any regular
meeting falls on a holiday, such regular meeting shall be held on the next business day,
(b) A majority of the members of the Planning Commission shall constitute a
quorum to do business, but a lesser number may adjourn from time to time; in the absence
of all the members of the Planning Commission, the secretary may adjourn a meeting to
a date and hour certain,
(c) Special meetings may be called at any time by the presiding officer of the
Commission, or by three members of the Planning Commission; by written notice delivered
personally, or by mail, or by the secretary to each member of the Commission at least
twenty-four (24) hours before the time specified for the proposed meeting, provided that
a special meeting may also be validly held without the giving of such written notice if all
members shall give their consent in writing, and such consent is on file in the office of the
commission's secretary. At any special meeting only such matters may be acted upon as
are referred to in such written notice or consent,
(d) Unless a different vote is required by the City Charter or by an applicable
provision of state law, no application for consideration before the Planning Commission
shall be approved by less than an affirmative vote of a majority of the entire membership
of the Planning Commission,
(e) All resolutions of the Commission shall be signed by the presiding officer, or
in his or her absence, by the presiding officer pro tempore, and attested by the secretary,
(f) The Commission shall adopt rules for the transaction of business consistent
with the City Charter and subject to approval of the City Council, The secretary shall keep
a record of the Commission's rules of business, resolutions, transactions, findings, and
determinations, all of which shall be public records,
Section 17-5. Removal of Members: Vacation of Office of Members:
Compensation, Members of the Planning Commission shall be subject to removal by
motion of the City Council adopted by at least three affirmative votes, The office of any
member of the Planning Commission shall be vacated if such member is absent from three
regular meetings of the Commission during any twelve month period, unless by permission
of the Commission, or if he is convicted of a crime involving moral turpitude or ceases to
be an elector of the City, The Director of Development Services shall inform of the City
Council at the next regular City Council meeting of said vacation of office occurring. The
members of the Planning Commission shall serve without compensation, but shall receive
as expenses those amounts as established by resolution of the City Council.
Section 17-6, Powers and Duties Generally, It shall be the duty of the members of the
Commission to inform themselves on matters affecting the function and duties of, and
matters before, the Commission, The Planning Commission shall have all the powers and
duties given to them by any applicable State statute, by this Code, and by the City Charter,
and in its deliberations, conduct, and acts, be governed by reference thereto,
Ordinance NUmber /~5~
.
Section 17-7, General Plan--Preparation and Adopted Generally, It shall be the function
and duty of the Planning Commission to prepare and recommend a comprehensive, long-
term, general plan for the physical development of the City, and of any land outside of the
boundaries thereof which in the Commission's judgement bears relation to the planning
thereof, Such plan shall be known as the General Plan and shall be so prepared that all
or portions thereof may be adopted by the City Council,
Section 17-8, Same--Compliance With State Law, The General Plan provided for I
herein shall be prepared, adopted and submitted in the manner provided for in any
applicable provision of State law or, in the absence of such provision, in a manner
determined by resolution of the City Council.
Section 17-9. Same--Hearin2 Before Plannin2 Commission Prereauisite to Recommendation
to Council, Before the Planning Commission shall recommend to the City Council the
adoption of any General Plan, it shall hold a hearing thereon and shall comply with all
applicable provisions of law,
Section 17-10, Same--Hearin2 Before Council Prerequisite to Adootion: Failure of
Planning Commission to Reoort on Changes, The City Council may adopt the General
Plan or any portion thereof, but shall, before adopting such plan or part thereof, hold at
least one public hearing thereon, notice of the time and place of which shall be published
at least once in a newspaper of general circulation in the City, Any substantial modification
of the Plan not previously considered by the Planning Commission shall be referred to the
Planning Commission for its recommendation. The failure of the Planning Commission to
report within forty-five (45) calendar days shall be deemed a recommendation of approval,"
Section 2, Insofar as the provisions of Chapter 17 of the Code of the City I
of Seal Beach as amended by this ordinance are substantially the same as any previous
provisions of that Chapter, those amended provisions shall be construed as restatements
and continuations of those previous provisions and not as new enactments, In particular,
nothing in this ordinance shall affect the appointment, or alter the term of office, of any
member of the City Planning Commission serving on the date this ordinance takes effect.
Section 3, If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or any part thereof is for any reason held to be invalid,
such invalidity shall not affect the validity of the remaining portions of this ordinance or
any part hereof. The City Council of the City of Seal Beach hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid,
~S~D, APPROVED AND ADOPlED by the City ~cil of the City
of Sea~eh at a meeting thereof held on the ~7a day of
'r! ,1992 '
_ d,~~ /~,~d/
Mayor
CITY OF SEAL BEACH
....""""'",,
.#'t SEAL ~,~
-=-", 0 ....... 8~ 1/,
:.~ ...t.Oa,o"4;..""C'., 11.
I (j .. ,+ ,~.. 'So'lb.
l..! ~.~o\I~"
2' . . ~
~O: :o(~
~1O.0 .:-~
ll~ ~ Q. ~~
". .r". ..". 4ti:
~,"'.o .. 0.0::
'1. G' -. "1'1f ""I ,.."'.. L..~ ::
'rj '#0.. .. .. "_
~.... C': ........ ,..\,.::
11I,OUN1'f.C.....s:-
\\,\\\"''Qo.'''~
I
~.@(~
~/Jn~
~/Clerk
I
I
I
Ordinance Number
1~53
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M, Yeo, City Clerk of the City of Seal Beach, California, do here~ certify that
th~oing Ordinance is an original copy of Ordinance Number ~a5!! on file in
the office of the City Clerk, introduced at a meeting held on the f!! day of
~.I~ ' 1992, and passed, appr:?Jnd adopted y th Cil)' Council of
th 'ty of aT13each at a meeting held on the ~ day of , 1992
by e foil 'g vote:
AYES: Councilmember
NOES: Councilmembers
ABSENT: Councilmembers
and do hereby further certify that Ordinance Number .8.5.3 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836,
(~ ~~ (~
~~H_V{/ /L U
C~lerk
Ordinance Number I'~~
PROOF OF PUBLICATION
(2015,5 C,C,P,)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or Inter-
ested In the above-entitled matter,
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL. a
newspaper of general circulation,
printed and published weeklY In the
City of Seal Beach, County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2/24/75.
Case Number A82583; that the notice
of which the annexed is a printed
copy (set In type not smaller than
nonpareil), has been published in
each regular and entire issue of said
newspaper and not In any supplement
thereof on the following dates, to-wit:
__ \.~ d.3
all in the year 19::i2..,
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at California,
this 0.3 day of 19.R....,
C-lfnt-hlri. U.uWl~
:J Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
This space for for the County Clerk's
Filing Stamp
I
Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
............................. .
... ~~.~... .I.~.~~......
_~:~"'SU..ARY
~~....-
... AI.
__13lld..Clyd....
__........._d..
"'_I'IoMiIIlICV ' , .0r1I-
__1311__,,",,"
_dCllopllrI7d........_
_......... ...... "lilt ..-
.., d _ .. gIIWIIIr, -. dIr d
.. c... . . ~...... Ct..._A-. '*
an IJpn Ll ...... cI.....1n tilt
_d__"'_
.... rI__......... It' fWl*aaL F.
.... d 001_ _.... '153 _
.-1or..~-...1IlI*
Cly__doUl13111, 'lIlI2:
AYSI: _Ilomt. FcnfIIo,
I '-loD
'NCEll" _
,--
I
0rdrM:8 NIInber 13&3........a:nl
~.....-""_.
. .. '"II- cay Ccura'_ d JItt 271h.
1982 Cape d 0rdINn:e N\I!Iber 1353 1ft
1_lIbIenltealficedIheCdyQerk,CIy
. Hd211...._ SooIBMdl:_
: 13'0) ",.2527, .
Illo\lEDlHlS'4IhdoydJlilj,l!1ll2
. .... M. YtD. CIy Clerk
~ClldSoolBMd1 .
loUl23. ,!Ill2
l-...SooI_........
I
I
I
I
Ordinance Number
J~
PROOF OF PUBLICATION
(2015.5 C,C,P,)
STATE OF CALIFORNIA,
County of Orange
This space for for the County Clerk's
Filing Stamp
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or Inter-
ested In the above-entitled matter,
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL. a
newspaper of general circulation,
printed and published weeklv In the
City of Seal Beach, County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2124n5,
Case Number A82583: that the notice
of which the annexed is a printed
copy (set in type not smaller than
nonpareil), has been published in
each regular and entire issue of said
newspaper and not In any supplement
thereof on the following dates, to-wit:
~/j.{'1 t
all in the y r 19...i2.....,
Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
.... .1]~. )3.~;3.....
SUMMARY
ORDIIAJICI NUIIIIR,.
. aIIIIIIIfIl!ftIII....1f'IlII
ae.._lll5S"..CIr"1IooI
_..............IIllI_"..
... _ _.. __ Clnl.
_N_11511__pnM-
_"~17""""'CaoIt,
.........,II!IIiv..... ...
..,,,_..~._"""
..- .. .....Q,.-.. ...
IIIIJJ.W' ........ cf aIklIln 1M
'_"__IIllI_
_"..........,_0nII-
'__1l15S___
log ... _....... ... ....... CIIy
_-,".2JII,11112...,"
~-
AYE&: __~
. .-..~
"'NDEB: _
: ...........
l--
CIlpIoo,,___ll5ll__
lIlItin.._"..ClrCloolr.ClrHll,
2n.... _ 11ooi_:..... (31q
el4li21.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
1II\1ED1IIS...",,"-, 1_
_lI.lIoo,ClrCloot
CIr"IIooI-
AolpII. 111I .
._."11ooi__
Dated at Seal Beach, California,
this ...u- day of t2y. . 19...u..,
C.~-IJ/d (,1~~
J Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
S8I1 Beech, CA 90740
(213)430-7555