Chapter 2.32
PLANNING COMMISSION
Sections:
2.32.010 Creation, powers and duties.
2.32.020 City residence/district residence required.
2.32.030 Membership—Appointment.
2.32.031 City residence required.
2.32.060 Removal of appointee member—Procedures.
2.32.070 Removal of appointed member—Causes.
2.32.080 Meetings and adoption of rules.
2.32.085 Meeting—Time and place.
2.32.090 Rules and regulations.
2.32.100 Duties and responsibilities.
2.32.110 Abstention from voting.
2.32.120 Election of chairperson and vice chairperson.
2.32.010 Creation, powers and duties.
Pursuant to the city charter of the city and the provisions of the Planning Act, a planning commission is created for the city, which commission shall be known as the city planning commission of the city and shall have the powers and duties provided by charter, said act and other state laws for city planning commissions. (Ord. 94-16 § 2 (part), 1994: Ord. 588 § 1 (part), 1978: prior code § 9111)
2.32.020 City residence/district residence required.
The planning commission shall have five members appointed in accordance with this chapter from each city voting district. An appointed member of the planning commission shall be a registered voter and resident of the city at the time of the appointment. Each member shall be a resident of the voting district from which he/she is appointed. If any appointed member of the commission subsequently changes permanent residence to a place outside of their voting district for city council elections, said position shall become automatically vacant and shall be filled as any other vacancy. (Ord. 94-16 § 2 (part), 1994: Ord. 588 § 1 (part), 1978: prior code § 9112)
2.32.030 Membership—Appointment.
The members of the commission shall be appointed by the recommendation of the council member representing the voting district from which the vacancy occurred, with the approval of the city council by majority vote. The community development services manager or designee shall be secretary of the commission without the power to vote. (Ord. 94-16 § 2 (part), 1994: Ord. 588 § l (part), 1978: prior code § 9113)
2.32.031 City residence required.
All appointee members of the planning commission shall be residents of the city at the time of their appointment. If any appointee member of said commission subsequently changes permanent residence to a place outside of the city limits, said position shall become automatically vacant and it shall be filled as any other vacancy. (Ord. 621 § 1, 1980)
2.32.040 Vacancy.
Should a vacancy occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired portion of the term. (Ord. 588 § 1 (part), 1978: prior code § 9114)
2.32.050 Members—Terms.
Of the members of the commission first appointed, two shall be appointed for terms of two years and three for terms of three years. Their successors shall be appointed for a term of three years. (Ord. 94-16 § 2 (part), 1994: Ord. 588 § 1 (part), 1978: prior code § 9115)
2.32.060 Removal of appointee member—Procedures.
Any appointee member of any commission may be removed by any of the following:
A. The appointing official, subject to approval of the legislative body;
B. A simple majority vote of the legislative body. (Ord. 588 § 1 (part), 1978)
2.32.070 Removal of appointed member—Causes.
A member of the commission shall be removed if any of the following events occur:
A. If any appointed commission member is absent without permission of the chairperson thereof, from three regular meetings consecutively from the last regular meeting, that appointed commission member attended.
B. If any appointed commission member is convicted of a crime of moral turpitude. (Ord. 94-16 § 2 (part), 1994: Ord. 588 § l (part), 1978)
2.32.080 Meetings and adoption of rules.
The commission shall elect its chairperson and vice chairperson from among the appointed members for a term of one year and subject to all other provisions of law, may create and fill such other offices as it may determine. The commission will hold one regular meeting per month, unless determined otherwise by the chairperson. The commission shall keep a record of its resolutions, transactions, findings and determinations, which record shall be public record. Compensation for said members shall be established by resolution of the city council. (Ord. 94-16 § 2 (part), 1994: Ord. 588 § 1 (part), 1978)
2.32.085 Meeting—Time and place.
Unless and until changed by ordinance, the regular meeting of the planning commission will be held on the first Tuesday of each month at the Dinuba City Hall, situated at 405 East El Monte Way in the city of Dinuba, at six-thirty p.m. on said day. (Ord. 2011-04 § 1, 2011: Ord. 693 § 2, 1986)
2.32.090 Rules and regulations.
Where there are no existing rules or regulations, the rules and regulations for the conduct of meetings of the city council for the city shall apply where not in conflict with the purposes of this commission. Where none of these rules apply and except where modified by any other rules adopted by the commission, the Robert’s Rules of Order shall apply. All acts and decisions, rules and recommendations of the commission shall be subject to the approval of the city council. (Ord. 588 § 1 (part), 1978)
2.32.100 Duties and responsibilities.
The planning commission shall:
A. Conduct its meetings in a businesslike manner;
B. Recommend policies, rules and regulations for the conduct and operation of planning. The executive administration of the policies, rules and regulations, once adopted, shall be the responsibility of the planning director;
C. Review and make recommendations on the annual fiscal operating budgets for planning as prepared by the director of planning;
D. Hold joint meetings and act in liaison with other agencies, districts, groups and individuals concerned with planning as required;
E. Prepare, adopt and revise a comprehensive long-term general plan and all of its individual elements for the physical development of the city and of any land outside its boundaries which in the planning agency’s judgment bears relation to its planning;
F. Notice and hold public meetings in accordance with Section 65500 of the Government Code;
G. Adopt by resolution all recommendations of any specified plan or regulation, or of any amendment to a specific plan or regulation and make appropriate findings;
H. Adopt the resolution by affirmative votes of not less than a majority of its total voting members, i.e., three, (Government Code Section 65501);
I. Review all applications for planning, subdivision, annexation, open space and Williamson Act members;
J. Comply with Section 65100—65700 inclusive of the Government Code;
K. Perform or consider any additional duties as may be designed by the council by resolution, ordinance, or directive or as may be imposed by the state. (Ord. 94-16 § 2 (part), 1994: Ord. 588 § 1 (part), 1978)
2.32.110 Abstention from voting.
A commission member shall abstain from voting in the following situations:
A. Whenever the commission member has not heard all of the evidence presented at duly noticed public hearing, such as a continued meeting or otherwise, unless the commissioner has read a transcript, tape or written record of the previously introduced evidence;
B. If the commission member has any financial or other interest in the matter;
C. If the commission member is a member of the board of directors or governing body of the organization making the application and voted on the matter as a member of that group. (Ord. 94-16 § 2 (part), 1994: Ord. 588 § 1 (part), 1978)
2.32.120 Election of chairperson and vice chairperson.
There shall be an election held by the members of the commission at the first regular meeting in January of each year, to elect the chairperson and vice chairperson. Election shall be determined by majority vote. (Ord. 94-16 § 2 (part), 1994: Ord. 588 § I (part), 1978)