Chapter 2.40
PLANNING AND ENVIRONMENTAL QUALITY COMMISSION

Sections:

2.40.010    Created.

2.40.020    Membership.

2.40.030    Terms.

2.40.040    Forfeiture of office.

2.40.050    Powers and duties – Quorum.

2.40.060    Levy of taxes for expenses.

2.40.070    Financial powers.

2.40.080    Rulemaking powers.

2.40.090    Time and place of meetings.

2.40.100    Notification of pending matters.

2.40.110    Extension and continuation.

2.40.115    Ex officio member.

2.40.120    Compensation.

2.40.130    Secretary and minutes.

2.40.010 Created.

A planning commission, which shall be known and referred to as the “planning and environmental quality commission,” of, in, and for the city, is created and established pursuant to the provisions of that certain act of the Legislature of the state which is designated and referred to in Section 65000 of the Government Code of the state as the “Planning and Zoning Law” (Title 7, as reflected in Sections 65000 through 65912, inclusive, of the Government Code of the state), as amended to date, and as the same may hereafter be amended. (Prior code § 10-1.01)

2.40.020 Membership.

A. The planning and environmental quality commission shall consist of five members who shall be designated respectively as commissioner Nos. 1, 2, 3, 4 and 5. The mayor and each councilmember shall have the right to nominate a commissioner from the citizens at large, and such nominations shall be honored by ratification and confirmation by a majority vote of the membership of the council. Each appointee shall be:

1. A resident of the city for the period of one year immediately preceding appointment; and

2. A registered elector of the city for the period of one year immediately preceding appointment.

B. Officials of the city shall not be eligible to appointment as commissioners, except as may be provided in this chapter for ex officio officers. (Prior code § 10-1.02)

2.40.030 Terms.

A. The term of office for each planning and environmental quality commissioner serving on said commission as of September 9, 1976, the effective date of Ordinance No. 1040, shall expire or shall have been deemed to have expired at midnight on the date immediately preceding the two-year anniversary date of said appointment, or at midnight on the date of the expiration of the tenure or term of the member of the council who nominated the commissioner, whichever date occurs first.

B. The term of office for each planning and environmental quality commissioner appointed after September 9, 1976, shall be two years after the date of appointment or coterminus with the expiration of the actual tenure of the member of the council who nominated the commissioner, whichever occurs first. Commissioners may be reappointed.

C. Each commissioner shall serve at the pleasure of the council, and any commissioner may be removed from office with or without cause by a majority vote of the membership of the Council.

D. All commissioners shall serve until their respective successors are appointed and qualified.

E. If a vacancy shall occur during the term of office of a commissioner, the vacancy shall be filled by nomination by the member of the council having the right of nomination and shall be for the term set forth in subsection B of this section. (Ord. 1670 § 5, 2005; Ord. 1548 § 3, 1998; prior code § 10-1.03)

2.40.040 Forfeiture of office.

Notwithstanding any other provision of this chapter, any planning and environmental quality commissioner (excepting nonvoting members) who absents himself or herself from any three consecutive regular meetings of the planning and environmental quality commission or who is absent from a total of six regular meetings of the commission in any twelve-month period shall thereby automatically forfeit his or her position or office as a member of the commission and the name of such person shall be automatically removed from the membership of the commission immediately after the adjournment of any such third consecutive regular meeting or of any such six regular meetings in any such twelve-month period, as the case may be, at which such commissioner has not appeared.

The secretary of the commission shall thereupon promptly notify the council of such fact, whereupon the vacancy so created shall be filled by appointment as set forth in Section 2.40.020. (Prior code § 10-1.04)

2.40.050 Powers and duties – Quorum.

A. The planning and environmental quality commission and the members thereof shall respectively have and exercise each and all of the powers, duties, rights, privileges and authorities of city planning commissions and of members of such commissions, as set forth, provided for and contemplated in and under the provisions of the state planning and zoning law and under the provisions of Title 18, as the same now exist and may hereafter be amended, and shall perform the duties, acts and functions of such city planning commissions and members thereof, respectively, as indicated therein.

B. The commission is designated as and shall serve as, the advisory agency for the city under the provisions of the Subdivision Map Act of the state (Sections 66410 et seq. of the Government Code of the state).

C. The commission shall review and recommend actions on a proposed general plan, proposed specific plan or amendments thereto and shall perform the functions of the city’s planning agency and board of zoning adjustment, under the provisions of the state Planning and Zoning law (California Government Code Section 65000 et seq.).

D. Three of the voting members of the commission shall constitute a quorum of the commission for the transaction of business.

E. The planning and environmental quality commission shall make all environmental decisions required by CEQA or other environmental laws relating to actions for which the commission is the final decision making body, absent an appeal to the city council. (Ord. 1738 § 58, 2012; Ord. 1545 § 1, 1998; prior code § 10-1.05)

2.40.060 Levy of taxes for expenses.

The council, in making its annual tax levy and as a part thereof, may levy and collect a tax not to exceed in any fiscal year the sum of two mills on the dollar of assessed valuation for the purpose of defraying the lawful expenses incurred by the planning and environmental quality commission in carrying out the purposes of the Planning and Zoning Law of the state. (Prior code § 10-1.06)

2.40.070 Financial powers.

The planning and environmental quality commission shall have no power or authority to bind or obligate the city, or any officer or department thereof, for any money, debt, undertaking, or obligation of any kind in excess of the appropriation which the council may have made for the purposes of the commission in any fiscal year. (Prior code § 10-1.08)

2.40.080 Rulemaking powers.

Except as otherwise provided in this code or applicable laws, the planning and environmental quality commission is empowered to adopt rules to regulate the transaction of business before it. (Prior code § 10-1.09)

2.40.090 Time and place of meetings.

Regular meetings of the planning and environmental quality commission shall be held in the Council Chamber of the City Hall, unless a council meeting is scheduled, on the first and third Tuesdays of each month beginning at seven p.m. Meetings falling upon legal holidays of the city shall not be scheduled. (Prior code § 10-1.10)

2.40.100 Notification of pending matters.

The city clerk is authorized and instructed to notify the planning and environmental quality commission of any matters which may be pending before the council and to forward to the commission from time to time any and all documents, proceedings and instruments which may be so pending and which matters, documents, proceedings, and instruments, according to law, are required to be submitted to the commission prior to final action thereon by the council. (Prior code § 10-1.11)

2.40.110 Extension and continuation.

Wherever in any part of this code the words “planning commission” are used, they shall mean the planning and environmental quality commission. (Prior code § 10-1.12)

2.40.115 Ex officio member.

To aid and assist the commission in its deliberations, the community development director, or that director’s designated representative, shall serve as an ex officio member of the commission and shall have no voting power. (Ord. 1670 § 6, 2005)

2.40.120 Compensation.

Members of the Planning and Environmental Quality Commission shall be compensated in an amount as established by resolution of the Council. (Ord. 1670 § 7, 2005; prior code § 10-1.14)

2.40.130 Secretary and minutes.

The community development director, or a designee thereof, shall serve as secretary to the planning and environmental quality commission and shall take and maintain minutes of the meetings of the commission. (Prior code § 10-1.15)