Chapter 2.30


2.30.010    Established – Membership.

2.30.020    Selection.

2.30.030    Terms.

2.30.040    Absences.

2.30.050    Meetings.

2.30.060    Officers.

2.30.070    Removal from office.

2.30.080    Powers and duties.

2.30.090    Expense reimbursement.

2.30.100    Applicable statutes.

2.30.010 Established – Membership.

The city council of the city of Biggs hereby establishes a city planning commission to be composed of five members. It shall take three members to constitute a quorum. [Ord. 307 § 1, 1996]

2.30.020 Selection.

The five members are to be selected by the city council. Four members shall be registered voters of the city. One member may be chosen from the registered voters within the sphere of influence. One member may be a member of the city council, subject to the term limitation set forth in BMC 2.30.030. [Ord. 373, 2007; Ord. 307 § 2, 1996]

2.30.030 Terms.

The terms of the planning commissioners shall be four years. However, no member of the city council shall serve simultaneously as a planning commissioner for more than one term having a maximum term period of 90 days. At the expiration of that time, the planning commissioner office held by the member of the city council shall be deemed vacant. Two members first appointed shall serve until January 1, 1993, at which time those two offices shall be re-appointed for a term of four years and thereafter those two offices shall be re-appointed every four years. Three commissioners shall be appointed to serve until January 1, 1995, and thereafter those three offices shall be re-appointed every four years. Any vacancy in the offices of the planning commissioners caused by any reason whatsoever shall be filled by an appointment by the council, such appointments to coincide with the terms of office specified by this section. [Ord. 373, 2007; Ord. 307 § 3, 1996]

2.30.040 Absences.

(1) If a member of the planning commission shall be absent from three successive regular meetings of the planning commission, without cause, the office of the member shall be deemed to be vacant and the term of that member shall be terminated and the secretary of the planning commission shall immediately inform the city council of the vacancy.

(2) An absence of the member of the planning commission due to illness or an unavoidable absence from the city shall, if written notice thereof is given to the planning commission on or before the day of any missed regular meeting of the planning commission, be deemed an absence for cause. [Ord. 307 § 4, 1996]

2.30.050 Meetings.

The commission shall hold at least one regular meeting each month and such other meetings as may be necessary. The commission shall keep a public record of its resolutions, transactions, findings and determinations. If there is no business to transact, the city clerk, at the direction of the chairman of the planning commission or other designated officer, shall cancel the meeting, post a notice of cancellation on the door of the City Hall and give notice to all members of the commission of the cancellation. [Ord. 307 § 5, 1996]

2.30.060 Officers.

(1) Every two years, the commission shall choose a chairman and vice chairman from its members.

(2) The city council may, after giving due consideration to any recommendation of the planning commission, appoint the secretary and staff advisor to the commission, who shall serve at the pleasure of the city council, without vote. [Ord. 307 § 6, 1996]

2.30.070 Removal from office.

A commissioner can be removed from office for cause involving the conviction for any crime involving moral turpitude and can be suspended from the commission pending trial, if charged with such a crime. Likewise, a commissioner can be removed for violation of his oath of office at the pleasure of the city council and may also be removed by a majority vote of the entire city council at a regular or special meeting, following written notice which states the reasons for removal to the planning commissioner being removed that this matter will be considered at that meeting. [Ord. 307 § 7, 1996]

2.30.080 Powers and duties.

The powers, functions, and duties of the city of Biggs planning commission shall be all those permitted or required by the laws of the state of California for city planning commissions. In addition, the planning commission shall:

(1) Advise the city council in the adoption and maintenance of a comprehensive general plan;

(2) Promote public interest and encourage citizen participation in the formulation of the general plan;

(3) Engage in a program of acquainting the public with the problems and alternate solutions relating to the local physical environment;

(4) Serve as an advisory board to the city council, making recommendations on the approval and adoption of land use and development related applications and actions;

(5) Review and approve, conditionally approve, or deny applications for use permits;

(6) Review and approve, conditionally approve, or deny applications for variances;

(7) Review, approve, conditionally approve, or deny applications for boundary line modifications;

(8) Review and recommend approval, conditional approval, or denial of applications for tentative subdivision maps;

(9) Review and make recommendations to the city council regarding the location of all public parks and public playgrounds;

(10) Provide a report annually to the mayor and the city council on the activities of the planning commission for the preceding year;

(11) Review and make recommendations to the city council on all proposals to modify or expand ordinances affecting the use of lands within the city of Biggs. [Ord. 307 § 8, 1996]

2.30.090 Expense reimbursement.

Members of the planning commission may be reimbursed for expenses reasonably and necessarily incurred by them in the performance of their duties upon the prior approval of a majority of the planning commission submitted in writing by the secretary to the city finance officer. All reimbursements must be for expenses directly related to items within the approved city budget and submitted to the city finance officer with proper proof of expense or documentation. All expenditures exceeding $500.00 must have prior authorization by the city council. Members of the planning commission may be entitled to be reimbursed for expenses incurred outside of the state of California only if prior authorization is obtained from the city council. [Ord. 307 § 9, 1996]

2.30.100 Applicable statutes.

The commission is to be governed by the pertinent sections of the Government Code, commencing with Section 65100, but not limited thereto. [Ord. 307 § 10, 1996]