Chapter 2.12
PLANNING COMMISSION
Sections:
2.12.010 Planning Agency established.
2.12.020 Membership—Appointment—Term—Removal.
2.12.030 Expenses and compensation.
2.12.040 Chairman—Rules—Records—Meetings.
2.12.050 Powers and duties—Generally.
2.12.060 Term limits.
2.12.140 Appeals—Transmittal of record.
2.12.150 Appeals—Community Development Director to be represented.
2.12.160 Appeals—Notice of hearing.
2.12.170 Appeals—Action on appeal by City Council.
2.12.010 Planning Agency established.
Pursuant to Government Code Sections 65000 et seq., there is established a Planning Agency consisting of a Planning Commission. (Ord. 5 § 1, 1982)
2.12.020 Membership—Appointment—Term—Removal.
A. The Planning Commission shall consist of five (5) members. They shall be appointed for a term of four (4) years. Terms shall begin in December of even-numbered election years and end in December of even numbered years (or until successors are appointed). If a vacancy occurs otherwise than by expiration of term, it shall be filled by appointment for the unexpired portion of the term.
B. Members shall be appointed to the Planning Commission by the Mayor, subject to the approval of the Council. The Mayor may, with the approval of a majority of the City Council, remove a Planning Commissioner at any time during the Commissioner’s term of office. Removal and appointment of Planning Commission members shall be made only at a regularly scheduled meeting of the City Council. Members of the Planning Commission shall be residents of the city.
C. Planning Commissioners must attend at least seventy-five (75) percent of regular and special Planning Commission meetings in any twelve (12) month period. Any Planning Commissioner who is absent from twenty-five (25) percent or more meetings within a twelve (12) month period or is absent from three (3) consecutive Planning Commission meetings may be removed from the Planning Commission pursuant to Section 2.12.020(B) of the Municipal Code. (Ord. 20-02 § 2 (A, B); Ord. 16-92 § 1: Ord. 12-84 § 1: Ord. 5 §§ 2, 3, 1982)
2.12.030 Expenses and compensation.
Planning Commission members shall be entitled to reimbursement for expenses as the Council may approve. In addition, Planning Commission members shall be paid fifty dollars ($50) for each meeting attended, to a maximum of three (3) meetings in a calendar month; provided, that Commission members shall not be deemed to be city employees by virtue of such payment. (Ord. 24-99 § 2 (part): Ord. 11-89 § 1: Ord. 5 § 4, 1982)
2.12.040 Chairman—Rules—Records—Meetings.
The Planning Commission shall elect a Chairperson and Vice Chairperson from its membership annually. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for two (2) consecutive years. In the absence or disability of either the Chairperson or Vice Chairperson, the Commission may designate a temporary Chairperson. The Commission shall hold at least one (1) regular meeting each month and such other meetings as may be necessary. The Commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations. The rules shall provide that not less than three (3) affirmative votes shall be required to recommend matters to the City Council for adoption. The City Manager or City Manager’s designee shall serve as the Secretary to the Planning Commission. (Ord. 10-09 § 1: Ord. 16-92 § 2: Ord. 5 § 5, 1982)
2.12.050 Powers and duties—Generally.
The Planning Commission shall have the power and it shall be its duty:
A. To recommend for adoption by the City Council a comprehensive long-term general plan for the physical development of the city and of any land outside its boundaries which in the Planning Commission’s judgment bears relation to its planning;
B. To recommend for adoption by the City Council specific plans based on the general plan and drafts of such regulations, programs and legislation as may in its judgment be required for the systematic execution of the general plan;
C. To periodically review the capital improvement program of the city;
D. To recommend for adoption by the Council a zoning ordinance and to perform such other duties in reference to planning, zoning, land use and design review matters as may be required by the Council. (Ord. 10-9 § 2: Ord. 5 § 6, 1982)
2.12.060 Term limits.
No person shall serve as a Planning Commissioner for more than two (2) consecutive four (4) year terms. As used herein, a person shall be considered to have served a “term” of office as a Planning Commissioner if such person has served as a Planning Commissioner for two (2) years plus one (1) day. (Ord. 20-02 § 2(C))
2.12.140 Appeals—Transmittal of record.
The City Clerk shall indicate upon every notice of appeal received pursuant to Section 2.12.130 the date upon which it was filed, and shall forthwith transmit a copy thereof to the Community Development Director. The Community Development Director shall immediately make available to the City Council all of the documents constituting the record upon which the action appealed was taken. (Ord. 5-96 § 1 (part); Ord. 11 § 2, 1982)
2.12.150 Appeals—Community Development Director to be represented.
The Community Development Director shall be represented at the hearing on the appeal, in order to make known the reasons for the action taken. (Ord. 5-96 § 1 (part); Ord. 11 § 3, 1982)
2.12.160 Appeals—Notice of hearing.
The City Council shall give written notice of the time and place for hearing any appeal filed pursuant to Section 2.12.130. Such notice may be published and shall be given to the applicant, to the appellant, to the Planning Commission and the Community Development Director, and to any other person requesting such notice and depositing with the City Clerk a self-addressed, stamped envelope to be used for that purpose. (Ord. 5-96 § 1 (part); Ord. 11 § 4, 1982)
2.12.170 Appeals—Action on appeal by City Council.
The City Council may hear additional evidence and may sustain, modify or overrule any action brought before it on appeal pursuant to Section 2.12.130, and may make such findings and decisions as are not inconsistent with state law and city ordinances; provided, that if no motion relative to the action appealed attains a majority vote of the City Council within thirty (30) days from the date of the hearing by the City Council thereon the action shall stand sustained and be final. (Ord. 11 § 5, 1982)