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HomeMy WebLinkAbout3124 Repealing 2.27 CPAC & Amending 2.12 ORDINANCE NO. 3 AN ORDINANCE REPEALING AMC CHAPTER 2.27 IN ITS ENTIRETY AND AMENDING CHAPTER 2.12 TO DESIGNATE THE PLANNING COMMISSION AS THE COMMITTEE FOR CITIZEN INVOLVEMENT Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined thro and additions are bold underlined. WHEREAS, Article 2, Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes and common law of the United States and this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the Ashland Municipal Code, Chapter 2.27, creates and assigns certain citizen involvement duties to the Citizen Planning Advisory Committee (CPAC); and WHEREAS, the CPAC has been inactive since 1992; and WHEREAS, Oregon land use law requires each city to have a Committee for Citizen Involvement that is responsible for evaluating and assessing citizen engagement in land use planning processes and making recommendations to the governing body regarding citizen engagement. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.27, Citizen Involvement in Planning, is repealed in its entirety. SECTION 2. Chapter 2.12, City Planning Commission, is hereby amended as follows: 2.12.010 Established Membership There is established a City Planning commission consisting of seven (7+members, to be appointed by the Mayor and confirmed by the City Council, to serve without compensation, not more than one (1) of whom may reside within three (3) miles outside the City limits. Appointments shall conform to the legal constraints of ORS 227.030. 2.12.060 Powers and Duties - Generally A. The Planning Commission is the appointed citizen body with the primary responsibility of providing recommendations to the Mayor and City Council regarding the overall direction of land use planning. The Commission reviews and makes recommendations regarding comprehensive land use planning and fosters mutual communication on land use issues. The Ordinance No. Page 1 of 3 Commission is responsible to the City Council for making recommendations on land use plans and policies that are coordinated with other City plans, policies, and functions. B. The Planning Commission shall have the powers and duties to: 1. Periodically review the Comprehensive Plan and make recommendations to the City Council on public processes, studies, and potential revisions to the Plan. Work in conjunction with other City citizen advisory commissions, boards, and committees to ensure coordination of various elements of the Comprehensive Plan. 2. Render quasi-judicial decisions on land use applications and appeals of administrative land use decisions as prescribed by the Ashland Code and Oregon state law. 3. Conduct public hearings and make recommendations to the City Council on planning issues and legislative changes to land use regulations and ordinances. 4. When needed to implement City goals and policies, meet with other planning bodies in the region on issues that affect City land use planning. Make recommendations to the City Council on regional land use issues in general. 5. Foster public awareness and involvement in all aspects of land use planning in the community. C. Except as otherwise set forth by the City Council, the Planning Commission may exercise any or all of the powers and duties enumerated in ORS 227.090 et. seq., as well as such additional powers and duties as are set forth herein. 2.12.070 Planning Commission as Committee on Citizen Involvement A. The Planning Commission is designated as the Committee for Citizen Involvement (CCI). The CCI shall monitor and evaluate City responsibility regarding Goal 1 of Oregon's Statewide Planning Goals and Guidelines: Citizen Involvement. The CCI shall be directly responsible to the City Council and shall have the following powers and duties: Responsibility for assisting the City Council with the development of a program that promotes and enhances citizen involvement in land use planning, assisting in the implementation of the citizen involvement program, and evaluating the process being used for citizen involvement. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Savings. Notwithstanding any amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. Ordinance No. Page 2 of 3 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2016, and duly PASSED and ADOPTED this L~ day of 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of /410~/ , 2016. l Stromberg, Mayor Reviewed/as to form: David H. Lohman, City Attorney Ordinance No. Page 3 of 3