(A) Pursuant to Tex. Loc. Gov't Code, § 211.007(a), it is hereby declared that the appointment of a Zoning Commission is a necessary procedure in the adoption and enforcement of zoning regulations and boundaries and the Zoning Commission is therefore created and established subject to the following provisions:
(1) Composition. The Zoning Commission shall consist of seven members who shall be resident citizens and qualified voters of the City of Pleasanton.
(2) Terms of office. Of the seven members first appointed, three original members shall serve approximately a one-year term, with the term beginning on the date of appointment and expiring on June 30, 1997. The four remaining members shall serve approximately a two-year term, with the term beginning on the date of appointment and expiring on June 30, 1998. At the first meeting after the appointment of the first seven members, the members shall draw lots for the length of their initial term of office. After the initial terms outlined above expire, Zoning Commission members shall serve from July 1 of the year of appointment for staggered terms of two years, and may be reappointed to serve no more than three successive terms of office for a total of six years, subject to approval by the City Council. Members shall serve without compensation and shall hold no other elective position in the city government. The Zoning Commission may include ex-officio members such as the Mayor, City Manager and another ex-officio members as the City Council may provide by ordinance. The ex-officio members shall participate in the work of the Commission, but shall not have a vote in its official actions.
(3) Rules of procedure. The Zoning Commission shall elect annually a Chairperson and a Vice-Chairperson from its membership. The Zoning Commission shall establish its own rules of procedure, which shall include the following: a quorum shall consist of a majority of the members of the Zoning Commission qualified and serving. The affirmative vote of a majority of those present shall be necessary to pass upon pending questions. All meetings shall be open to the public and a record of all proceedings shall be kept, which record shall be filed with the person performing the duties of City Secretary and shall be a public record. The Chairperson shall call and preside over all meetings of the Zoning Commission and the Vice-Chairperson shall perform all the duties of the Chairperson in his or her absence.
(4) Vacancies. Membership of the Zoning Commission shall be accompanied by active participation in the activities of the Zoning Commission, and any member who is absent from three consecutive meetings of the Zoning Commission without valid excuse, as determined by the Zoning Commission, shall automatically be dismissed from membership. The Zoning Commission shall at once notify the City Council that a vacancy in the Zoning Commission exists. Vacancies occurring in the Zoning Commission, for whatever reason, shall be filled within 30 days by appointment by the City Council for the remainder of the unexpired term.
(5) Removal. Any member of the Zoning Commission may be removed by a majority vote of the City Council for any cause they deem sufficient for such removal.
(6) Meetings. The Zoning Commission shall meet not less than once each month. The meetings shall be held at City Hall unless prior notice of a change of meeting place is given by publication in an official newspaper or a newspaper of general circulation within the City of Pleasanton.
(7) Powers and duties.
(a) The Zoning Commission shall have the power and duty to prepare a comprehensive plan and submitting to the City Council the Zoning Commission's recommendations regarding the adoption and/or amendment of the proposed comprehensive plan.
(b) When the comprehensive plan is complete and adopted by this City Council, the Zoning Commission shall utilize the completed comprehensive plan in the preparation of its recommendations to the City Council regarding zoning boundaries and regulations.
(c) The Zoning Commission shall prepare a preliminary report recommending boundaries for the original zoning districts and appropriate zoning regulations for each district in accordance with the adopted comprehensive plan.
(d) The Zoning Commission shall hold public hearings on the preliminary report at which time parties in interest and citizens shall have an opportunity to be heard. Before the fifteenth day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the City of Pleasanton. The Zoning Commission shall hold as many public hearings as it deems necessary on the preliminary report in order to be able to prepare a final report recommending boundaries for the original zoning districts and appropriate zoning regulations for each district in accordance with the adopted comprehensive plan.
(e) The Zoning Commission shall then prepare and present to the City Council a final report recommending boundaries for the original zoning districts and appropriate zoning regulations for each district in accordance with the adopted comprehensive plan.
(f) The Zoning Commission shall join the City Council in a joint public hearing on the final report recommending boundaries for the original zoning districts and appropriate zoning regulations for each district, at which time parties in interest and citizens shall have an opportunity to be heard.
(g) The Zoning Commission shall have the authority to employ such qualified persons and/or firms as may be necessary for the proper conduct of its undertakings and to pay for the services of such persons and/or firms and other necessary expenses, provided, however, that the cost of the services and expenses shall be approved by the City Council for the use of the Zoning Commission.
(h) Upon adoption of a Zoning Ordinance, the Zoning Commission shall act as an Advisory Board of the City Council in matters relating to zoning, including, but not limited to, reviewing and recommending changes and/or amendments to and enforcement of the zoning boundaries and regulations.
(i) The Zoning Commission shall perform other duties and be vested with other powers as allowed and/or imposed by state law.
(B) The following seven individuals are hereby appointed to constitute and serve on the Zoning Commission:
(1) Judy Barnes;
(2) Frank Leal;
(3) Kenneth Hernandez;
(4) Bill Morgan;
(5) June Talley;
(6) Sam Lingo; and
(7) Robert Earl Wood.
(C) Pursuant to Tex. Loc. Gov't Code, § 211.006(a), the following additional procedures for adoption and enforcement of zoning regulations are hereby established:
(1) The City Council shall consider for review and adoption a comprehensive plan. When the comprehensive plan is adopted by the City Council, it shall become the basis for the boundaries of the original zoning districts and appropriate zoning regulations for each district;
(2) The City Council will consider for review and approval the employment of all qualified persons and/or firms as may be necessary for the proper conduct of its undertakings or the undertakings of the Zoning Commission, and to pay for the cost of the services and expenses as are in fact approved;
(3) The City Council shall conduct a joint public hearing (with the Zoning Commission) on the final report prepared by the Zoning Commission recommending boundaries for the original zoning districts and appropriate zoning regulations for each district, at which time parties in interest and citizens shall have an opportunity to be heard. Before the fifteenth day before the date of the joint public hearing, notice of the time and place of the joint public hearing shall be published in an official newspaper or a newspaper of general circulation in the City of Pleasanton, and in any other manner deemed beneficial by the City Council or allowed by law;
(4) The City Council shall then consider for review and adoption an ordinance incorporating the final proposed boundaries for the original zoning districts and appropriate zoning regulations for each district, the continuation of the Zoning Commission and establishment of a Board of Adjustment, provisions for the enforcement of the zoning regulations, and any other provisions deemed necessary and/or allowed by law; and
(5) If a Zoning Ordinance is adopted by the City Council of the City of Pleasanton, the City Council will perform all powers and duties allowed and/or imposed on it by law in the exercise of its authority relating to the adoption and enforcement of zoning boundaries and regulations within the city limits of the City of Pleasanton.
(D) Miscellaneous provisions:
(1) That all ordinances or parts of ordinances in conflict with the provisions of this section are hereby repealed;
(2) That if any provisions of this section be held to be invalid, unenforceable or unconstitutional, the remainder of the section shall continue in full force and effect the same as if that invalid, unenforceable or unconstitutional provision had never been a part hereof;
(3) That it is hereby officially found and determined that the meetings at which this section is passed are open to the public as required by law and public notice of the time, place and purpose of the meetings as given as required; and
(4) This section shall become effective immediately after publication of this section at least twice in a newspaper of general circulation within the City of Pleasanton, following adoption of this section.
(Ord. 1115, passed 6-17-1996)