Chapter 2.08 PLANNING COMMISSION

CHAPTER 2.08
PLANNING COMMISSION¹

2.08.010 Established — Membership — Terms.

A planning commission consisting of seven members is established for this city. One of the members of the commission shall be a member of, and selected by, the city council; the remaining members of the commission shall be appointed by duly adopted resolution of the city council and must have resided in the city not less than one year prior to their appointments. The member of the commission selected from the city council shall serve until the thirty-first day of January of the year following the year in which the city council member was appointed and until a successor qualifies and is seated, or until he/she ceases to be a member of the city council, whichever first occurs. Terms of office for each of the other members of the commission hereafter appointed shall be four years; except that, terms of up to three appointees may be of a lesser duration as the city council may deem necessary and appropriate so that commissioners’ terms are staggered. Following amendment of the composition or duties of the commission as specified in this chapter, the council may elect to treat the commission as a reconstituted body and appoint new commission members to occupy some or all of the seats on the reconstituted commission. Subject to and without limiting or otherwise affecting the authority of the city council to establish and reconstitute subordinate bodies in accordance with Article VIII, Section 55 of the City Charter, this section, and other applicable law, any individual appointed member may be removed by a vote of five members of the council. Such five-vote requirement for removal of individual members does not apply when the city council has amended the composition or duties of the planning commission and elects to treat the commission as a reconstituted body and appoint new commission members in accordance with this section. (Ord. 2344 NCS §1, 2009: Ord. 1678 NCS §1, 1987: Ord. 1035 NCS §1 (part), 1972: Ord. 977 NCS §1: Ord. 636 NCS §1: Ord. 338 NCS §1: prior code §2.38.)

2.08.020 Duties.

The planning commission shall perform the duties prescribed in the present or any future zoning ordinance (Title 21) or subdivision regulations (Title 20) of the city or any similar ordinance, statute, rule or regulation of the state, county or this city pertaining to the districting or zoning or dividing of the city into districts or zones or regulating the construction of improvements, or the use, division or subdivision of property within the city. The planning commission shall also have the duty of studying the needs of the city with respect to and advising and recommending the council concerning the establishment, modification and change of zones or districts and designation of the uses to which property contained therein may be prohibited, restricted or regulated. The planning commission shall also perform the duties prescribed in the zoning ordinance of the city or other ordinance, statute, rule or regulation of the state, county or this city pertaining to securing of compliance with the zoning ordinance and promoting orderly and harmonious development within the city. The commission shall also perform the duties designated and delegated by the city council with respect to site design and architectural review matters. The commission shall also have and perform the powers and duties hereafter designated and delegated by the city council. (Ord. 2344 NCS §2, 2009: Ord. 1678 NCS §2 (part), 1987: Ord. 1035 NCS §1 (part), 1972: Ord. 977 NCS §2: Ord. 338 NCS §5: prior code §2.42.)

2.08.030 Rules and regulations.

The planning commission shall have the right and duty to adopt such rules and regulations as it shall determine for the holding and conducting of its meetings and hearings and the selection of its officers and for the performance of any of its functions or responsibilities. The commission shall not have the right to employ any person or incur any expenses or obligations against the city, except as provided by and for which appropriations are made by the city council pursuant to and in accordance with budgets adopted by the city council. (Ord. 1678 NCS §2 (part), 1987: Ord. 1035 NCS §1 (part), 1972: Ord. 338 NCS §6: prior code §2.43.)

2.08.040 Vacancies.

Upon the death, resignation, disability to perform the duties of a member of the planning commission, or upon the loss of permanent residency from the city, or upon the failure to attend any meetings of the commission for three consecutive regular meetings, the council shall review, and if found to be appropriate, declare the office of such member vacant and thereupon appoint some qualified person to fill such vacancy for the unexpired term of such member. (Ord. 1678 NCS §3, 1987.)

Editor’s Note: For statutory provisions regarding the establishment and the duties of a city planning agency, see Gov. Code §65100, et seq.; for the provisions regarding a city planning commission, see Gov. Code §65150.