Chapter 17.04
PLANNING COMMISSION*
Sections:
17.04.020 Members—Terms—Transition to Charter form of government.
17.04.024 Eligibility for office.
17.04.026 Vacancies in office.
17.04.028 Removal from office.
17.04.030 Director of planning appointment.
17.04.040 Members—Compensation.
17.04.060 Board of zoning adjustment—Created.
17.04.070 Board of zoning adjustment—Conditional use permit issuance.
17.04.080 Board of zoning adjustment—Variance granting.
17.04.090 Board of zoning adjustment—Permit review.
17.04.100 Board of zoning adjustment—Appeal procedure.
* See also Title 2, Administration and Personnel.
17.04.010 Created—Membership.
There shall be a planning commission of 7 members. The commission shall consist of 5 members appointed by council-members. Each councilmember shall appoint 1 commission member whose term shall run concurrently with that of the councilmember so appointing. Two members shall be appointed by the council for 2-year terms. (Ord. 710 § 1, 1990: prior code § 3000)
17.04.020 Members—Terms—Transition to charter form of government.
All terms of planning commission members, including membership on the board of zoning adjustment, shall end when the city councilmembers elected in the November 6, 1990, election are sworn into office. Thereafter, in accord with the terms of Section 4.05 of the City Charter, each city councilmember shall appoint 1 planning commission member whose term shall run concurrent with that of the councilmember so appointing. Two additional members shall be appointed by the council for 2-year terms. (Ord. 710 § 2, 1990: prior code § 3001)
17.04.024 Eligibility for office.
A person is not eligible to hold office as a planning commissioner unless he or she is at the time of appointment, a resident and registered voter of the city. If, during his or her term of office, a member of the planning commission moves his or her residence outside the city limits, or ceases to be a registered voter of the city, such member’s office shall immediately become vacant. (Ord. 710 § 3, 1990)
17.04.026 Vacancies in office.
If the office of a member of the planning commission appointed by a councilmember becomes vacant, the appointing councilmember shall fill the vacancy by appointing a planning commission member whose term shall run concurrent with that of the appointing councilmember. If the office of a member of the planning commission appointed by the council becomes vacant, the council shall fill the vacancy by appointing a planning commission member whose term shall run for the unexpired term of the former incumbent. (Ord. 710 § 4, 1990)
17.04.028 Removal from office.
The members of the planning commission who are appointed by a councilmember and the members of the planning commission appointed by the city council serve at the pleasure of the city council and may be removed from office by the vote of a majority of the members of the council. No public hearing need be held prior to removal and no cause for removal need be shown. The removal of a person as a member of the planning commission shall also terminate such person’s membership on the board of zoning adjustment. (Ord. 710 § 5, 1990)
17.04.030 Director of planning appointment.
The city manager may appoint a director of planning and may employ or contract with planning consultants and specialists for such services as are required. The compensation paid such director, consultants, specialists or other employees shall be set by the council by resolution. (Ord. 487 § 11, 1982: prior code § 3002)
17.04.040 Members—Compensation.
Members of the commission shall receive such compensation for attendance upon meeting and reasonable traveling expenses as the council directs by resolution. (Prior code § 3003)
17.04.050 Master plan.
The planning commission shall, as soon as practicable, prepare and adopt a master or general plan, and precise plans in accordance with the conservation and planning law, and shall recommend to the council a comprehensive zoning ordinance in accordance with the general and precise plans. (Prior code § 3004)
17.04.060 Board of zoning adjustment—Created.
The planning commission shall act as a board of zoning adjustment within the meaning of Article 2, Chapter 4, Title 7 of the Government Code, and shall have the powers, duties, and responsibilities vested therein. (Prior code § 3005)
17.04.070 Board of zoning adjustment—Conditional use permit issuance.
The board of zoning adjustment may issue permits for conditional uses of property within the city. (Prior code § 3006)
17.04.080 Board of zoning adjustment—Variance granting.
The board may grant applications for variance from the terms of any zoning ordinance. (Prior code § 3007)
17.04.090 Board of zoning adjustment—Permit review.
The planning commission, acting as the board of zoning adjustment shall review all applications for building or other permits required by the city which directly affect, in any manner, master or general plans, precise plans, zoning ordinances, or subdivision restrictions and the clerk or other official charged with the issuance of such permits shall not issue such permit without the favorable recommendation of the commission or if any appeal is taken by the applicant to the council, without the approval of the council. The city clerk or other officer may, in matters of urgency, issue such permits prior to approval of the commission or council, where the value of such improvement or the cost of construction does not exceed $400, but shall at the next meeting of the commission and council submit, in writing to such bodies an explanation of such action. At such time as the commission has an adequate staff it may delegate such functions of approval to its employees, retaining the power of appeal over decisions of its employees. (Prior code § 3008)
17.04.100 Board of zoning adjustment—Appeal procedure.
Any person aggrieved by the action of the commission acting as a board of zoning adjustment may have the acts reviewed by the city council. To obtain such review, the person aggrieved shall file with the city clerk a written statement, as set by resolution of the city council, setting forth:
A. The particular act or determination of the commission objected to;
B. The nature of the interest of the person aggrieved;
C. The relief desired of the city council;
D. The reasons for granting such relief. (Ord. 466 Exh. A (part), 1981; prior code § 3009)
17.04.110 Appeal—Hearing.
Upon the receipt of such appeal, the clerk shall notify the commission and receive therefrom a statement in writing of the reasons for the actions of the commission. Upon receipt of the statement or if no statement is presented by the commission within 10 days after notice from the clerk, the clerk shall schedule the matter for hearing at the next regular or special meeting of the city council and give the appellant, and the commission oral or written notice that the matter will be heard at that time. Any appeal from the acts of the commission must be filed with the clerk within 10 days of notice of the commission’s action, or the council will not entertain the appeal. (Prior code § 3010)
17.04.120 Appeal—Decision.
At the hearing scheduled for hearing the appeal all persons interested may appeal and give such evidence or testimony, or make such statements as are pertinent to the appeal. The planning commission may appear in opposition to the appeal or may give such explanation of the action as it deems advisable. The council may continue the hearing from time to time as suits the convenience of the council and appellant, in order to give all parties an opportunity to present all matters necessary to a fair determination of the appeal. Any appeal, however, which is not finally decided within 60 days from the date of filing with the clerk, and within such additional time as is consented to by the appellant shall be deemed denied by the council. (Prior code § 3011)
17.04.130 Fees, general.
Fees to defray the cost of processing applications pursuant to this title shall be established by resolution of the city council. No part of such fees are refundable. (Ord. 446 Exh. A (part), 1981)