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HomeMy WebLinkAbout2023 PC 03-23 CITY OF ORANGEORDINANCE AMENDING COMMISSION AND COMMITTEE MEMBERSHI P RESOLT,TION NO. PC 03-23 APPLICANT: CITY OF ORANGE WHEREAS, the proposed Ordinance revises those provisions to reflect the revised membership number and other applicable provisions; and WHEREAS, the proposed Ordinance is not subiect to the provisions ol the California Environmenral Quality Act (CEQA) pursuant to (1) Section 15061(bX3) of the state cEQA Guidelines (Common Sense Exemption) because it can be seen with certainty that there is no possibility that it would have a significant effect on the environment; and (2) Section 15378 because it will not have a direct or reasonably tbreseeable indirect physical change on the environment and is not a "project." For this reason, no lu(her CEQA documentation is required; and WHEREAS, the Planning Commission, having considered the proposed changes to the OMC contained herein at a public hearing held on February 23.2023. including review ofthe staff report, and having received public testimony on the item. has determined the proposed OMC amendment is justified and recommends approval thereof. NOW, THEREFORE' BE IT RESOLVED that the Planning Commission recommends that the City Council approve the subject Ordinance shown as Attachment l, attached hereto, based on the following findings: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ORANGE RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDTNANCE AMENDING PERTINENT PROVISIONS OF THE ORANGE MUNICIPAL CODE TO REFLECT AN INCREASE IN THE MEMBERSHIP OF THE PLANNING COMMISSION AND DESICN REVIEW COMMITTEE. WHEREAS, on February 14. 2023. the City Council adopted Resolution No. 11432. revising the number olmembers of the City Council-created boards, committees and commissions to seven members. including the Design Review Committee and the Planning Commission; and WHEREAS, the Orange Municipal Code (OMC) currently contains provisions referencing the membership and quorum number for the Design Review Committee and Planning Commission based on the former number of members: and Resolution No. PC 03-23 Page 2 of 2 SECTION I- FINDINGS The Planning Commission finds as follows: l. The recitals set forth above are true and correct. The subject Ordinance amending the OMC is justified in order to maintain an accurate and updated code in conformance with the adopted City Council Resolution pertaining thereto. ADOPTED this 23'd day of February' 2023. David Vazquez. Plann Commission Chair I hereby certifi that the Planning Commission ofthe City ofOrange adopted the foregoing Resolution on February 23 2023, by the following vote: AYES: Glasgow, Simpson, Martinez, Trapesonian, Y azqrrcz NOES: None ABSENT: None 2 Anna Pehoushek Assistant Community Development Director /),L- ORDINANCE NO. xx-23 AN ORDINANCE OF THE CITY COT]NCIL OF THE CITY OF ORANGE AMENDING VARIOUS SECTIONS OF THE ORANGE MUNICIPAL CODE TO UPDATE MEMBERSHIP REFERENCES FOR THE PLANNING COMMISSION, DESIGN REVIEW COMMITTEE AND TR{FFIC COMMISSION. THE CITY COUNCIL OF THE CITY OF ORANGE DOE,S HEREBY ORDAIN AS FOLLOWS: l. The subiect Ordinance is exempt from the provisions of the Califomia Environmental Quatity Act (CEQA) per State CEQA Guidelines (Guidelines) Sections 15060(c)(2) and 15060(c)(3) because review and evaluation of potential impact ofthe Ordinance demonstrate that it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it is not a "project" as defined in Guideline 15378. 2. The subject Ordinance is exempt from CEQA per Guideline 15061(b)(3) because it can be seen with certaintv. after review and evaluation ofthe facts regarding the Zoning Code administrative amendments, that there is substantial evidence that adoption of this Ordinance would not have a significant effect on the environment and the common sense exemption applies. SECTION II: Section 2.64.010 of the Orange Municipal Code. "Administration and Personnel - Planning Commission - Created." is herebv revised to read as follows: 2.64.010 Created. There is created a Planning Commission consisting of seven members appointed by the Mayor with the approval of a majority of the City Council. SECTION III: Section 2.64.040 ofthe Orange Municipal Code, "Administration and Personnel - Planning Commission - Meetings." is hereby revised to read as follows: ATTACHMENT I SECTION I: 2.61.040 Mectings. The regular meetings of the Planning Commission shall be held in the Council Chambers. Civic Center. 300 East Chapman Avenue, Orange, Califomia. or at such other place as may be designated by the Planning Commission. on the first and third Monday of each month at a time estabtished by resolution of the City Council. In the event any such Monday is a legal holiday, such meeting shall be held the following Thursday. SECTION IV: Section 10.06.010 of the Orange Municipal Code, "Vehicles and Traffic City Traffic Commission - Created-Membership." is hereby revised to read as tbllows: 10.06.01 0 Created-Membership. A City Traffic Commission is created consisting ol seven residents ofthe City. appointed by the Mayor with the consent ofthe Council. The ChiefofPotice. or designee, and the City T'raffic Engineer, or designee, shall be serve as City Stalf representatives to the City Traflic Commission. The City Traffic Engineer shall serve as secretary to the Commission SECTION V: Section 10.06.040.4 of the orange Municipal Code. "Vehicles and Traffic - city Traffic Commission Meetings and Quorum." is hereby revised to read as follows: A. Four members shall constitute a quorum. A majority vote of the quorum present shall be required for all commission actions. Failure to achieve a majority vote of members present shall constitute a denial of the proposed action. SECTION VI: Section 17.08.020.D.3.c of the Orange Municipal Code. "Zoning - Reviewing Bodies Design Review Committee - Meetings," is hereby revised to read as follows: c. Four members shall constitute a quorum. A majority vote of the quorum present shall be required for all Committee actions. Failure to achieve a majority vote of members present shall constitute a denial of the proposed action. SECTION VII: Section 17.08.020.D.4.a of the Orange Municipal Code, "Zoning - Reviewing Bodies - Design Review Committee - Membership," is hereby revised to read as follows: a. The Design Review Committee shall consist of seven members of the public. Committee members shall be persons who. as a result of their training, knowledge and experience. are qualified to analyze and interpret architectural and site planning information, including but not limited to. licensed landscape architects and architects. urban planners, ,) engineers, and licensed general contractors. At least two ofthe members shall have professional experience in urban planning. architectural history or historic presen'ation and shall have general klowledge of architectural styles prevalent in the Historic Districts. SECTION VIII: 6. Rules and Regulations. The Design Review Committee shall adopt and amend, by the affirmative vote of four members. rules and regulations lbr the conduct of the Committee's business consistent with this chapter subject to approval by the City Council. SECTION IX: If any section. subdivision. paragraph. sentence. clause or phrase of this Ordinance is fbr any reason held to be invalid or unconstitutional. such decision shall not affect the validity olthe remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision. paragraph, sentence. clause and phrase thereof, irrespective ofthe fact that any one (or more) section. subdivision. paragraph. sentence, clause or phrase had been declared invalid or unconstitutional. SECTION X ADOPTED this _ day of 2023 Daniel R. Slater. Mayor. City of Orange ATTEST: Pamela Coleman. City Clerk. City of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) l. PAMELA COLEMAN, City Clerk of the City of Orange. Califomia, do hereby certify that the foregoing C)rdinance was introduced at the regular meeting ofthe City Council held on J Section 17.08.020.D.6 of the Orange Municipal Code. "Zoning Reviewing Bodies - Design Review Committee - Rules and Regulations," is hereby revised to read as follows: The City Clerk is hereby directed to certif,/ the adoption of this Ordinance and cause the same to be pubtished as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. the-dayof-,2023,andthereafterattheregularmeetingofsaidCityCouncil duly held on the day of vote. to wit: 2023 was duly passed and adopted by the fbllowing AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Pamela Coleman, City Clerk, City olOrange 4