ORDINANCE NO. 2024-0XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING CHAPTER 2.36 (PLANNING COMMISSION) TO PROVIDE FOR THE ADDITION OF TWO MEMBERS OF THE CHINO PLANNING COMMISSION FROM THE CITY’S SPHERE OF INFLUENCE, AND TO PROVIDE SUCH MEMBERS VOTING AND ADVISORY POWERS AS DEFINED THEREIN.
WHEREAS, Chapter 2.36 (Planning Commission) of Article 2 (Administration and Personnel) of the Chino Municipal Code (“CMC”) establishes the Chino Planning Commission to consider issues of planning and land use within the City and regulates the Planning Commission therein; and WHEREAS, pursuant to Chapter 2.36, the Planning Commission has the power and duty to 1) review and recommend the City’s General Plan for the City Council’s adoption; 2) review and decide on applications for tentative maps, special conditional use permits, site approvals, and major variances; 3) review and recommend to the City Council, applications for general plan amendments, specific plan amendments, zone changes, zone ordinance amendments, and development agreements; and 4) participate in the development and design review process; and WHEREAS, a Sphere of Influence is the probable, or eventual, physical boundary and service area of a city. Pursuant to state law, a city’s Sphere of Influence is ultimately determined by a Local Agency Formation Commission (LAFCO), and land within a city’s Sphere of Influence may eventually become part of a city’s jurisdiction through annexation overseen by a LAFCO. The LAFCO of San Bernardino serves as liaison between the City of Chino and San Bernardino County in determining the Sphere of Influence of the City of Chino; and WHEREAS, the Sphere of Influence of the City of Chino encompasses approximately 31 square miles. The current land area includes 18,938 acres with a Sphere of Influence area of approximately 1,548 acres that is divided in two large areas at the northwest end of the City. Most of the SOI land area has existing single-family residential and agricultural land uses, established over time in an informal pattern; and WHEREAS, CMC Section 2.36.020 provides that the Planning Commission shall consist of seven members, appointed by the mayor with the approval of the City Council, and requires that all members of the Planning Commission be residents of the City at the time of their appointment and throughout their terms of office; and WHEREAS, pursuant to City Council direction provided at the July 5, 2023 regular City Council meeting, the Planning Commission discussed and provided input on the Planning Commission appointment process and terms at its regularly scheduled meeting on August 16, 2023. One of the items discussed was whether a Planning Commissioner should be appointed from the City’s Sphere of Influence. At this meeting, the Planning Commission voted 4-2 in favor for the appointment of a Planning Commissioner from the City’s Sphere of Influence in an advisory capacity; and WHEREAS, during its regular October 10, 2023 meeting, the City Council considered the Planning Commission’s discussion, input, and vote from the August 16, 2023 Planning Commission meeting regarding the appointment of a Planning Commissioner from the City’s Sphere of Influence in a voting or advisory capacity. At that meeting, the City Council directed staff to prepare a proposal for adding one or more members to the Planning Commission to represent areas within the City’s Sphere of Influence and participate in a voting capacity; and WHEREAS, the City Council now desires to amend Chapter 2.36 of the Chino Municipal Code to allow for the appointment of two additional Commissioners to the Planning Commission to represent areas within the City’s Sphere of Influence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
Section 2. Section 2.36.020 of Chapter 2.36 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
2.36.020 – Members – Appointment and term of office.
A. The planning commission shall consist of seven nine members. Each member shall be appointed by the mayor with the approval of the city council and shall serve for a term of four years. In the event that a member is required to take a temporary leave of absence, the mayor may appoint a temporary replacement with the approval of the city council. In the event that a member resigns or dies before the end of his or her term, or for any reason is unable to complete the term, the mayor may appoint a member to fill the vacant position with the approval of the city council.
B. All Seven members of the planning commission shall be residents of the city at the time of their appointment and throughout their terms of office, and shall serve for a term of four years (full commission membership).
C. Two members of the planning commission shall be residents of the city’s Sphere of Influence area, as defined under California Government Code section 56076 and determined by the Local Agency Formation Commission of San Bernardino (LAFCO), at the time of their appointment and throughout their terms of office, and shall serve for a term of two years as ex-officio members. One ex-officio Sphere of Influence member shall be a resident of the North Sphere of Influence, and one member shall be a resident of the South Sphere of Influence. Should the portion of the city’s Sphere of Influence area in which the commissioner resides be annexed into the city, the commissioner shall complete his or her original term and may thereafter apply for full membership to the planning commission under subsection (B).
C.D. Notwithstanding the provisions of subsection A above, members of the commission shall continue in office until their successors are appointed by the mayor with the approval of the city council.
Section 3. Section 2.36.030 of Chapter 2.36 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
2.36.030 – Chairperson.
The planning commission shall select a chairperson and vice chairperson from among the non-ex-officio members, and the chairperson and vice chairperson shall serve a term of two consecutive years. The commission may create and fill such other offices as it may see fit.
Section 4. Section 2.36.060 of Chapter 2.36 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
2.36.060 – Other powers.
The planning commission shall review and recommend, and the city council shall adopt, a general plan in accordance with the terms and provisions of section 65300, et seq., of the Government Code of the state, which is referred to and made part of this chapter. The planning commission shall have the power and duty to: (1) review and decide applications for tentative maps, special conditional use permits, site approvals, and major variances; (2) review and recommend to the city council, applications for general plan amendments, specific plan amendments, zone changes, zone ordinance amendments, and development agreements; and (3) participate in the development and design review process.
Ex-officio members of the planning commission, as defined in Section 2.36.020(C), shall only have the ability to vote on matters or items that apply city-wide, or which involve land within or in close proximity to the Sphere of Influence area in which the ex-officio member resides. A matter or item before the planning commission will be considered to be in close proximity to the city’s Sphere of Influence area if it pertains to land within the city that lies within 300 feet of the city’s boundary with the Sphere of Influence area. Except on matters or items that apply city-wide, each ex-officio member will also serve as an alternate to the other ex-officio member, so that if one member is absent, unavailable, or otherwise unable to participate in a matter or item, the other member may participate in his or her place.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 6. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
Section 7. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code.
Adopted this _____ day of ______________ 2024.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalia Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the ____ day of __________ 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
01225.0005/990558.1
ORDINANCE NO. 2024-0XX