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VIDEO. From the Half Moon Bay City Council meeting on Tuesday, June, 18th, 2024 at 7:00pm, as a hybrid meeting.
Letter from HMB Planning Commission Chair, Margaret Gossett, on June 17th, 2024 to the HMB City Council, as a member of the public.
Dear Honorable Mayor Jimenez and City Council,
I am writing to you as a member of the public, and not as a planning commissioner. I’m concerned that City staff process is preempting Planning Commission’s evaluation of Measure D’s proposed amendment without the complete evaluation of it’s LCLUP consistency. This process puts the Council at risk of making a decision without having the expertise to make a properly informed decision. The Planning Commission bylaws are clear that the investigation and report of subdivision ordinance changes are the Planning Commission’s responsibility.
Through its adoption of Municipal Code 2.24.050, and by both the recitals and Article II of the Planning Commission Bylaws adopted on November 17, 2017, the City Council directed the Planning Commission to act as the City’s Planning Agency, whose responsibilities are defined in Government Code 65103 including Implement the general plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinances. Section 2.24.050(C) of the Municipal Code is very explicit about the Planning Commission’s role:
Notwithstanding any other provision of the municipal code to the contrary, serve as the hearing body of first instance, and be responsible for all functions of design review including architectural, landscape, and site plan review as set forth in Chapter 14.37.
To my knowledge, this would the second time that active consideration of a project by the Planning Commission would be interrupted by City Council. In the first attempt, City Council affirmed the Planning Commissions authority in matters such as this to finish their work before it goes to City Council. I am unclear on how the request to bypass the Planning Commission to amend the Measure D ordinance could be consistent with the cited bylaws, municipal code, and Government Code. The above-cited sections of code in more complete context follows in this letter.
The City Council retains original jurisdiction for some very important land use decisions such as development agreements, and of course it hears appeals of completed Planning Commission decisions. Half Moon Bay Municipal Code section 18.20.050(D) provides for an appeal of jurisdiction, but to my knowledge, this provision does not relieve the City of having to comply with the rest of the Municipal Code, particularly in light of 2.24.050’s “notwithstanding” language.
During Planning Commission deliberation, concerns were raised about lack of data, analysis of alternate iterations of the ordinance amendment among other important analyses.
The Planning Commission provided careful feedback and accepted City staff’s suggestion to continue the item to its June 25 meeting.
The bylaws are clear that the investigation and report of subdivision ordinance changes are the Planning Commission’s responsibility. The Council could take that responsibility to themselves, but this would take much longer than letting the Planning Commission finish its investigation and issuing a recommendation (to adopt, modify or not adopt).
Respectfully submitted,
Margaret Gossett, resident of Half Moon Bay
>>> READ MORE
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The Half Moon Bay City Council typically meets on the first and third Tuesday of each month starting at 7pm at the Ted Adcock Community Center, 535 Kelly Avenue. The meeting is also remote by Zoom, Facebook and PCTV. Regular meeting agendas are posted 72 hours in advance. Special meeting agendas are posted 24 hours in advance.
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The City Council of Half Moon Bay is the City’s governing body, and consists of five elected members. The Council sets priorities and policies, makes final decisions on all major City matters, adopts ordinances and resolutions, appoints the City Manager and City Attorney, and approves the annual budget.
The City of Half Moon Bay holds district-based elections for its five city council seats. Each Councilmember is elected to a 4 year term. There are no term limits in Half Moon Bay. The City Council selects one of its members to serve as Mayor and one to serve as Vice Mayor, on an annual basis.
The Half Moon Bay City Council typically meets on the first and third Tuesday of each month starting at 7 pm at the Ted Adcock Community Center, 535 Kelly Avenue.
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Map 503b Adopted 3.15.2022