Anderson Municipal Code Ch. 2.48 Planning Commission

Footnotes:

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For statutory provisions governing local planning, see Gov. Code §§ 65090—65715; for provisions authorizing city planning, see Gov. Code §§ 65300—65304.

A planning commission for the city is created.

(Prior code § 2.14)

The planning commission shall consist of five members. Each member shall serve a term of office which is concurrent with the term, at the time of appointment, of the councilmember who was initially eligible to nominate him or her. If that council member's term is shortened for any reason, the corresponding term of such commissioner is also shortened to coincide with that of the council member.

A planning commissioner serves at the pleasure of the city council and may be removed at any time without cause with the affirmative votes of any three or more council members. A planning commissioner who fails to maintain eligibility for appointment to the planning commission forfeits his or her seat on the commission. A planning commissioner's term may also expire by his or her resignation which shall be effective upon acceptance by a majority vote of a quorum of the commission.

(Ord. 713 § 1, 2002)

(Ord. No. 769, § I, 3-15-2011; Ord. No. 786, § I, 4-15-2014)

The following procedure will be followed when a councilmember, beginning a new term of office, is eligible to nominate a planning commissioner and when a councilmember, during his or her term of office, is eligible to nominate a replacement of the planning commissioner whose term was concurrent with his or her own term.

A. Initial Appointments at the Beginning of a Term. Each councilmember, upon first entering office or beginning a new term of office, shall be eligible to nominate an individual to be a planning commissioner if such nomination is made in a timely manner. The procedure for filling such a position is that set forth below for the filling of vacancies.

B. Vacancies During a Regular Term. If a vacancy occurs in a planning commissioner's position for any reason during the regular term of that commissioner, the councilmember who was initially eligible to nominate that commissioner shall be eligible to nominate a replacement for him or her if such nomination is made in a timely manner. The procedure for filling such a position is that set forth below for the filling of vacancies.

C. Procedure to Fill Vacancies.

1. Whenever a vacancy exists in the planning commission, that vacancy shall be filled by city council appointment for the term specified in Section 2.48.020 of this chapter. As soon as a vacancy occurs, the public shall be notified in the manner required by law (Maddy Act) and a period of not less than twenty-one days shall be provided for interested persons to submit applications to the city clerk requesting appointment to the position. The city clerk will then schedule an interview process for all those who have submitted timely applications and the entire city council, with the assistance of planning staff, will be allowed an opportunity to interview candidates and discuss their qualifications. In accordance with the open meeting requirements of the Ralph M. Brown Act, the council will neither make a decision nor reach a concurrence about the appointment before the meeting at which a nomination is presented to them by the eligible councilmember.

2. Within thirty days following the completion of interviews, the councilmember who is eligible to make a nomination to fill the vacancy shall do so by placing the name and qualifications of his or her selection on a regular agenda by the Wednesday preceding the council meeting at which the appointment is to be considered. If he or she fails to place a nomination on the agenda within this period of time, or any extensions allowed by the council, any other councilmember shall be entitled to nominate a person to fill the vacancy.

3. If a councilmember is eligible to make a nomination and does so in a timely manner, but his or her nominee is not approved by the council, he or she shall be eligible to continue making nominations from among the applicants who have been interviewed until such time as a nominee is approved. In the event a nominee is disapproved by the council, the councilmember who is eligible to continue making nominations shall have an additional thirty days following each such disapproval to place a new nomination on the council agenda.

4. The council retains the authority at any time to readvertise the position, conduct new interviews and go through the entire process again if it deems it appropriate to do so.

(Ord. 713 § 2, 2002)

Although each commissioner appointed will have been nominated by a councilmember, no commissioner shall be answerable to or directed by any individual councilmember. Members of the planning commission shall be subject only to the direction and control of the entire council, as provided in and limited by ordinance and state law. Planning commissioners shall not in any manner be subject to influence by city council members in making the quasi-judicial decisions required of them in their positions, decisions in most cases appealable to the city council. No commissioner shall hold any other public office if the duties and responsibilities of that office may be incompatible with their duties and responsibilities as a planning commissioner.

(Ord. 713 § 3, 2002)

The functions of the planning commission shall include the following powers and duties:

A. To prepare and recommend for adoption by the council, a comprehensive, long-term general plan, and any amendments thereto or revisions thereof, for the physical development of the city and of any land outside its boundaries which in the commission's judgment bears relation to the physical development of the city; and to include in the general plan such of the elements described in the planning law of the state, or any other elements, as may be required in the commission's judgment;

B. To prepare and recommend for adoption by the council, precise plans based on the general plan as may be required, in the commission's judgment, for the systematic implementation of the general plan;

C. To perform such duties in reference to zoning, subdivision and other matters as may be authorized or required by state laws and by such provisions of this code as are not in conflict therewith;

D. To perform such other duties as the council may, from time to time, require pertaining to planning.

(Ord. 333 § 1(A), 1975: prior code § 2.14.5)

A meeting as provided for law or by rule of the planning commission or any regularly advertised public hearing shall be deemed a regular meeting. Unless canceled or postponed due to lack of business or other considerations, the planning commission shall hold at least one regular meeting in each month.

(Ord. 713 § 4 (part), 2002: prior code § 2.19)

If a member of the planning commission is absent from three successive regular meetings of the commission without cause, the office of such member shall be deemed to be vacant and the term of such member ipso facto terminated and the planning commission shall immediately inform the city council of such termination.

(Prior code § 2.17)

An absence due to illness or an unavoidable absence from the city and written notice thereof to the planning commission on or before the day of any regular meeting by the commission shall be deemed absence for cause.

(Prior code § 2.18)

The planning commission shall elect its chairman from among its appointed members for a term of one year and, subject to other provisions of law, may create and fill such other offices as it may determine. It shall adopt rules for transaction of business and shall keep a record of the resolutions, transactions, findings and determinations, which record shall be a public record.

(Prior code § 2.20)

The planning commission shall perform the duties and shall have all the rights, powers and privileges specified and provided for in this code or by state law.

(Prior code § 2.21)