Chapter 2.52
PLANNING COMMISSION

Sections:

2.52.010    Planning Commission – Establishment.

2.52.020    Planning Commission – Duties generally.

2.52.030    Planning Commission – Platting authority.

2.52.040    Planning Commission – Membership.

2.52.050    Planning Commission – Recall of member.

2.52.060    Planning Commission – Appointment.

2.52.070    Planning Commission – Term.

2.52.080    Planning Commission – Officers.

2.52.090    Planning Commission – Vacancies.

2.52.100    Planning Commission – Quorum.

2.52.110    Planning Commission – Meetings – Regularity.

2.52.120    Planning Commission – Meetings – To be public – Records.

2.52.130    Planning Commission – Meetings – Procedures.

2.52.140    Planning Commission – Meetings – Order of business.

2.52.150    Planning Commission – Resolution form.

2.52.160    Planning Commission – Resolution conformance.

2.52.170    Planning Commission – Compensation.

2.52.180    Planning Commission – Duty to Council.

2.52.190    Planning Commission – Hearing notice.

2.52.200    Planning Commission – Platting, variance and conditional use actions.

2.52.210    Planning Commission – Affirmative vote required.

2.52.010 Planning Commission – Establishment.

A Planning Commission is established for the City to perform the functions of planning, platting and zoning. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020. Formerly 17.20.020].

2.52.020 Planning Commission – Duties generally.

It shall be the duty of the Commission to hold public hearings when necessary and make recommendations to the Council on matters concerning or relating to planning and zoning, the enforcement of appropriate regulations and amendments to ordinances, or other matters within the scope of the planning and zoning power. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(A). Formerly 17.20.030].

2.52.030 Planning Commission – Platting authority.

The function of platting shall be performed from time to time by the Commission, convened as the platting authority for the City, will review plats, replats, and vacation of public ways of which shall be approved or rejected by Council. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(B). Formerly 17.20.040].

2.52.040 Planning Commission – Membership.

The membership of the Planning Commission will consist of five citizens who are residents of the City. The citizens must have resided in the City for six months in order to be a member of the Planning Commission. Members shall be appointed by the Mayor and subject to confirmation by the City Council. [Ord. 535-08 § 14, 2008; Ord. 364-97 § 2, 1997; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(C). Formerly 17.20.050].

2.52.050 Planning Commission – Recall of member.

A member may be recalled for any of the following reasons: conflict of interest; violations of the code of ethical standards, Chapter 2.10 WMC; legal misconduct; lack of participation; or other problems of a serious nature. A petition may also be signed by at least 20 citizens of the City requesting recall. This petition may be presented to the Council. The Council will review the petition and make a decision within 20 days. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(D). Formerly 17.20.060].

2.52.060 Planning Commission – Appointment.

Members shall be appointed by the Mayor and confirmed by the Council. Appointments to fill vacancies shall be for the unexpired term only. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(E). Formerly 17.20.070].

2.52.070 Planning Commission – Term.*

Members shall be appointed for a term of three years. During the current triennium the terms of Seats A and B expire in 1993; the terms of Seats C and D expire in 1992; and the term of Seat E expires in 1994. [Ord. 535-08 § 14, 2008; Ord. 223-92 § 1, 1992; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(F). Formerly 17.20.080].

*    Editor’s Note: For terms of office generally, see WMC 2.50.040.

2.52.080 Planning Commission – Officers.

The Commission shall designate a member as its presiding officer to conduct the affairs of the Commission, a deputy presiding officer to serve in the absence of the presiding officer, and a clerk. The clerk shall prepare the journal of the Commission’s proceedings. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(G). Formerly 17.20.090].

2.52.090 Planning Commission – Vacancies.

A vacancy shall be declared, and filled as above provided when the member:

A. Fails to qualify and take his office within 30 days after his confirmation by the Council;

B. Departs from the City with the intent to remain away for a period of 90 days or more or is physically absent from the area he was appointed to represent for a period of 90 or more days;

C. Submits his resignation and the resignation is accepted by the Mayor;

D. Is physically or mentally unable to attend Commission meetings for a period of more than 90 days;

E. Misses three or more consecutive regular meetings; or

F. Is convicted of a felony or of an offense involving a violation of his oath of office.

The clerk of the Planning Commission shall keep attendance records and notify the Mayor when vacancies occur. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(H). Formerly 17.20.100].

2.52.100 Planning Commission – Quorum.

A majority of voting membership constitutes a quorum. Any act of the Commission requires a majority affirmative vote of those voting members present. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § l, 1984. Prior code § 23.25.020(I). Formerly 17.20.110].

2.52.110 Planning Commission – Meetings – Regularity.

Regular meetings of the Planning Commission shall be held once each month, or as needed, at a date, time and place as set by the commission. Special meetings may be called by the presiding officer, or shall be called by or at the written request of two Commission members. [Ord. 23-2015 § 2, 2015; Ord. 535-08 § 14, 2008; Ord. 389-99 § 2, 1999; Ord. 223-92 § 2, 1992; Ord. 64, 1987; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(J). Formerly 17.20.120].

2.52.120 Planning Commission – Meetings – To be public – Records.

Meetings shall be public and minutes shall be kept. Minutes and records shall be filed with the Clerk of the City and retained as public records. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(K). Formerly 17.20.130].

2.52.130 Planning Commission – Meetings – Procedures.

Meetings shall be conducted under Robert’s Rules of Procedures, and such modified or amended rules as may be adopted by the Commission. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(L). Formerly 17.20.140].

2.52.140 Planning Commission – Meetings – Order of business.

The order of business at regular meetings shall be as follows:

A. Approval of minutes of previous meeting, as amended or corrected;

B. Reading and disposition of correspondence;

C. Unfinished business;

D. New business; and

E. Miscellaneous business.

The order of business at special meetings shall be prescribed by the presiding officer. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(M). Formerly 17.20.150].

2.52.150 Planning Commission – Resolution form.

All formal acts of the Commission shall be by resolution bearing:

A. The heading “City of Whittier Planning Commission”;

B. The space for the serial number to be assigned:

“Resolution, Serial No. ______________”

C. A short and concise title descriptive of its subject and purposes;

D. Short premises and whereas clauses descriptive of the reasons for the resolution, if necessary;

E. The resolving clause, “Be it Resolved”; and

F Provision for signature after the text, “Adopted (date)” and designating lines for the signatures of the Commission presiding officer and the City Clerk. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(N). Formerly 17.20.160].

2.52.160 Planning Commission – Resolution conformance.

All resolutions adopted by the Commission whether at the instance of and presented by third parties, or on the motion of and instance of the Commission, shall conform to that set forth in WMC 2.52.150 and shall be on paper suitable for filing. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(P). Formerly 17.20.170].

2.52.170 Planning Commission – Compensation.

Compensation and expenses of the Planning Commission and its staff are paid as directed by the City Council. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.020(Q). Formerly 17.20.180].

2.52.180 Planning Commission – Duty to Council.

The Planning Commission shall prepare and recommend to the City Council:

A. A comprehensive plan consisting of maps and related texts for the systematic development of the City;

B. A zoning ordinance to implement the comprehensive plan;

C. A subdivision ordinance;

D. The official map of the City. Said map shall include reference to zoning and other applicable restrictions prescribed by the Commission; and

E. Modification to the documents specified in subsections (A) through (D) of this section. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.021(A). Formerly 17.20.190].

2.52.190 Planning Commission – Hearing notice.

The Commission shall publish notice of and hold at least one public hearing before submitting its recommendations under WMC 2.52.180 to the Council. Notice shall be published in the same manner as in the case of ordinances. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.021(B). Formerly 17.20.200].

2.52.200 Planning Commission – Platting, variance and conditional use actions.

The Planning Commission shall:

A. Act as the Platting Board;

B. Act upon requests for variances; and

C. Act upon requests for conditional uses. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.021(C). Formerly 17.20.210].

2.52.210 Planning Commission – Affirmative vote required.

Subject to any ordinance adopted pursuant to AS 29.33.245, no platting request, variance or conditional use may be granted except upon an affirmative vote of a majority of the voting members of the Commission. [Ord. 535-08 § 14, 2008; Ord. 7-19-84 § 1, 1984. Prior code § 23.25.021(D). Formerly 17.20.220].