Adelanto Municipal Code Ch. 2.20 Planning Commission

A City Planning Commission hereafter referred to as "Commission" is hereby established and shall consist of five (5) voting members who shall be appointed by majority vote of the City Council.

A. Each member of the City Council shall nominate one (1) voting member candidate for the Commission.

B. When the membership of City Council is less than five (5), the Mayor shall nominate a Commissioner voting member candidate without sponsors.

[Ord. No. 487, Section 1, 4/8/09.]

The Commission shall hold a regular meeting on the first and third Wednesday of each month at 7:00 p.m., or at such other day and time as may be provided by resolution, at the Adelanto City Council Chambers or such other location as may be permitted by law. If, and as needed from time to time, the Commission may adjourn a regular meeting to a date and time certain, and on such specified date and time, hold an adjourned regular meeting. The Commission shall adopt rules for the transaction of business and shall keep a public record of its resolutions, decisions, findings, and determinations. The City staff person assigned by the City Manager shall prepare all meeting agendas (printed and posted at least seventy-two (72) hours before the meeting) and perform as the meeting secretary which includes note taking and recording the minutes of the meeting, as required by law. The official minutes of the Planning Commission meetings shall be filed with the City Clerk.

A. The proceedings of all meetings of the commissions shall be conducted in accordance with Robert's Rules of Order. The Planning Commission shall be subject to the provisions of the Brown Act, and Planning Commissioners shall be subject to the conflict of interest provisions of the Political Reform Act of 1974 and Government Code Section 1090 et seq.

B. Three (3) members of the Commission form a quorum for the transaction of business. If it is known that a quorum will not be achieved, the Secretary shall notify all members that the meeting will be cancelled.

C. The Commission Secretary shall submit an information report to the City Manager whenever a Commission cancels two (2) consecutive meetings for lack of a quorum.

[Ord. No. 487, Section 1, 4/8/09; Ord. No. 580, Section 2, 9/27/17.]

To be eligible for appointment as a member of the Commission, the candidate must meet all of the following requirements:

A. Be a resident of the City for at least thirty (30) consecutive days prior to submitting an application.

B. Qualified elector of the City.

C. Have no felony convictions.

D. Is over eighteen (18) years of age.

E. File a written application for appointment.

[Ord. No. 487, Section 1, 4/8/09.]

A. The term of office for each voting member shall be the same as the term of office for the Councilmember nominating the Commissioner.

B. A member of the Commission shall, after being approved by a simple majority vote of the City Council, serve at the pleasure of the City Council. Any member of the Commission may be removed by a simple majority vote of the City Council.

C. A member of the Commission will continue to serve if the Councilmember nominating him is no longer a member of the Council until such time as a newly appointed/elected member of the Council has nominated a replacement Commissioner and this Commissioner has been declared duly qualified to serve.

[Ord. No. 487, Section 1, 4/8/09.]

A. The following shall be considered to be grounds for an excused absence: (1) illness or injury, (2) maternity leave, (3) emergencies, (4) religious observances, (5) jury duty, and (6) vacation. To be considered an excused absence, the Commissioner's absence shall be reported to the Secretary prior to the time set for the meeting.

B. If a voting member of the Commission is absent without having been excused from three (3) regular, adjourned, or special meetings of the Commission, the office shall automatically become vacant.

C. The Secretary for each Commission shall record attendance in the official minutes of the Planning Commission and indicate if an absence is excused. If an absence is not excused it shall be deemed to be non-compliant.

D. The Secretary is responsible to notify the City Clerk of a member's attendance record. Upon notification the City Clerk shall notify the City Manager for appropriate action.

[Ord. No. 487, Section 1, 4/8/09.]

At such time as Council deems necessary or beneficial, the operation of the serving Commission may be suspended by resolution of the City Council approved by a simple majority of the Council. The resolution shall include findings and be for a period not to exceed six (6) months. Should the Council deem it necessary this suspension may be extended by amending the resolution of suspension. During the period of time of a suspension, the City Council shall assume all of the functions, duties and powers of the Planning Commission consistent with Section 2.20.080.

[Ord. No. 487, Section 1, 4/8/09.]

A. The Council establishes compensation and a stipend for advertised meetings attended for up to two (2) meetings per month for the Planning Commissioners. The compensation shall be determined and adjusted from time to time by resolution of the City Council. No other benefits or compensation shall accrue or vest other than that explicitly granted by the City Council. A Commissioner shall receive no compensation for a meeting for which the Commissioner has an unexcused absence.

B. This compensation may be adjusted from time to time by resolution of the Council.

C. At any time the Commission is suspended and their action and responsibility assumed by the Council, the Council shall not be eligible for the Commission compensation.

D. A member arriving more than thirty (30) minutes after the start of a meeting without previously notifying the Secretary of the Commission, shall be deemed absent and shall not be eligible to receive compensation for said meeting.

E. Travel and other expenses, where reimbursement is expected, must have budgetary approval. State law (AB 1234) requires officials seeking reimbursement to file an expense report, as well as make a written report on the meeting or conference attended. Travel and expense reports are available through the City's Finance Department.

[Ord. No. 487, Section 1, 4/8/09.]

In addition to the duties, rights and powers imposed by State law, the Commission shall perform the duties and has the rights, powers and privileges provided by ordinances and resolutions of the City Council.

A. Council appointments made to a Commission are held in high regard and an appointed member is expected to attend and participate in all of the meetings held by the advisory group.

B. Attendance to Ethics Training. In order to meet the requirements of California State Law (AB 1234) all appointed members who are eligible to receive a stipend for their services are required to receive no less than two (2) hours of training in general ethics principles and ethics laws every two (2) years. Newly appointed advisory members should complete the required ethics training within the first six (6) months of appointment.

C. Notwithstanding any rights, powers and privileges of the Planning Commission as provided by ordinance or resolutions of the City Council, the right of the City Council to review any action of the City Planning Commission is reserved, and would require an appeal to be filed within ten (10) working days and require two (2) Council Members to appeal.

D. The functions, duties and powers of the Planning Commission shall be all those functions, duties and powers of a Planning Commission and Board of Zoning Adjustment as provided in Chapters 3 and 4 of Title 7 commencing with Government Code Section 65100 (the Planning and Zoning Law), as the same may be hereafter amended.

E. Any project subject to discretionary decisions to be made by the Planning Officer or other Officers or Offices in the Development Code in which the deciding Officer or Office determines (1) that opposition of any member of the Development Review Committee to the proposal or any portion thereof exists, or (2) that a specific written request has been received requesting a public hearing review of the project in instances where any person receives notification of a pending matter by provisions of the Development Code and makes that request, or (3) when in the opinion of the Planning Director or other Office responsible for the decision, there has been substantial objection to a proposed project from members of the public, or (4) where the Planning Officer or other deciding Officer or Office cannot make a determination that the proposal will likely be consistent with and not detrimental to the proposed general plan or any applicable existing general plan or land uses in the surrounding area, shall be referred to the Planning Commission for its action.

F. Further, the Planning Commission shall review and the City Council shall act upon all requests for planned residential developments and all other matters required by City ordinance or other law to be considered and acted upon, subject to all other applicable provisions of the City's ordinances.

G. The Planning Commission shall also seek, facilitate, and consider economic development opportunities and housing opportunities within the City for submittal to the City Council. The Planning Commission shall act in an advisory role on such matters and work with City staff to present information pertaining to such opportunities to the City Council for the City Council's determination in accordance with all legal requirements pertaining thereto.

H. The Planning Commission shall also handle the duties of the Parks and Recreation Commission as outlined in the City's Municipal Code during such time periods as directed by the City Council. Planning Commissioners shall not receive any additional compensation for serving as the Parks and Recreation Commission. The City Council may act at any time to reestablish a separate Parks and Recreation Commission.

[Ord. No. 487, Section 1, 4/8/09; Ord. No. 542, Section 2, 9/9/15.]

A. All actions of the Planning Commission are subject to appeal to the City Council in the manner set forth in Title 17 of the Code (the Development Code), and if not otherwise set forth, then by delivery by the applicant or any other person affected by the decision of a written notice of appeal, together with any fee required for such appeal, to the City Clerk within ten (10) working days of final action by Commission.

B. The City Council may also appeal decisions by the Planning Commission. Appeals pursuant to this section must be filed jointly by any two (2) City Council members. Such appeals must be filed with the City Clerk within ten (10) working days of the Commission's action. No fee shall be required when an item is called for review by City Council members in conformance with the requirements of this section.

C. Upon receipt of a timely appeal or of a timely request for hearing by a Councilmember, the City Clerk shall schedule the matter for a hearing or public hearing before the City Council, in which case the decision by the City Council after considering or hearing the matter shall then be final.

D. The fee for appealing a decision of the Planning Commission to the City Council may be waived by the City Manager or his designee if the appealing party executes a form prepared by the City Manager, declaring under penalty of perjury:

1. That he or she is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payment (SSP) programs (Welfare and Institutions Code Sections 12200-12205.2), the Aid to Families with Dependent Children (AFDC) program (42 United States Code §§ 601-644), the Food Stamp program (7 United States Code §§ 2011-2027) or Welfare and Institutions Code Section 17000; or

2. That his or her monthly income is one hundred twenty-five percent (125%) or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to Omnibus Budget Reconciliation Act of 1981, as amended, and submits a financial statement setting forth each item.

[Ord. No. 487, Section 1, 4/8/09.]

The Commission shall elect a Chairman and Vice Chairman from its members.

A. The Planning Commission shall annually at its first meeting held after February 1, choose one (1) of its members as Chairman and one (1) as Vice Chairman. Vacancy in either such position occurring prior to February 1 may be filled as in the first instance, and a new Chairman or Vice Chairman may be chosen at any time by majority vote of all members of the Commission.

B. At such time as the City Council may assume the duties of the Planning Commission, the Mayor and Mayor Pro Tem shall serve as Chairman and Vice Chairman of the Commission.

[Ord. No. 487, Section 1, 4/8/09.]