Chapter 2.32 — PLANNING COMMISSION

Pursuant to the provisions of an Act of the Legislature of this state known and referred to as the "Conservation and Planning Law," a Planning Commission in this City is created and re-established.

(Ord. CS 1012, § 2, 4-22-2019)

The Planning Commission shall consist of five members. All members shall be appointed by the City Council.

(Ord. CS 1012, § 2, 4-22-2019)

Members shall be qualified electors residing within the corporate limits of the City.

(Ord. CS 1012, § 2, 4-22-2019)

All members of the Commission shall serve without compensation.

(Ord. CS 1012, § 2, 4-22-2019)

A.

The first members of the Planning Commission shall be appointed for the following terms:

1.

One shall be appointed for the term of one year;

2.

One shall be appointed for the term of two years;

3.

One shall be appointed for the term of three years; and

4.

Two shall be appointed for the term of four years, from and after their appointment respectively.

B.

Their successors, if any, shall be appointed for the term of four years each. Terms shall expire on December 31 of the year of expiration.

C.

Should a vacancy occur otherwise than the expiration of the respective term of office, it shall be filled by appointment for the unexpired portion of the term. The term of office of any member who is absent for three consecutive regular meetings without due cause will be automatically terminated and a new member appointed.

(Ord. CS 1012, § 2, 4-22-2019)

The Commission shall elect annually at the first meeting of a new calendar year, from among its members, a chairman, who shall be charged with the orderly conduct of the Commission meetings and a vicechairman to assume such duties in the absence of the chairman. The secretary of the Planning Commission shall be appointed by the City Manager or his/her designee.

(Ord. CS 1012, § 2, 4-22-2019)

The time and place of the regular meetings of the Planning Commission shall be held on the third Wednesday of each month at 6:00 p.m. in the Atwater City Council Chambers, 750 Bellevue Road, Atwater, California. Notwithstanding the foregoing, any regular meeting of the Planning Commission may be canceled by the City Manager, Designee, or by the City Council, in the event there is insufficient business

and/or need for a meeting. In the event a regular meeting date falls on a legal holiday, the Commission shall hold its regular meeting on the next succeeding business day. Special meetings may be held upon the call of the chairman or upon the written request of a majority of members thereof. The form of minutes required for Commission shall be the same as those provided by the City Council.

(Ord. CS 1012, § 2, 4-22-2019)

A majority of the Commission shall constitute a quorum for transaction of business, but a lesser number may adjourn from time to time. If all members are absent from any regular or adjourned regular meeting, the Commission Secretary may declare the meeting adjourned to a stated time and place.

(Ord. CS 1012, § 2, 4-22-2019)

The Commission shall have, and is vested with, all the powers and duties relating to land use matters and by other laws provided by the Planning and Zoning Law and such other powers and duties that may be conferred upon planning commissions by any and all laws of this state as referenced in Section 2.32.010. Notwithstanding the foregoing nor any other provision of the Atwater Municipal Code, the City Manager or designee, shall be empowered to approve or deny applications for Lot Line Adjustments, Lot Mergers, Time Extension Requests not to exceed six months, Home Occupation Permits and Minor Site Plan and Development Plan Amendments. Any person or organization aggrieved by a decision of the City Manager or Designee with respect to the foregoing applications may appeal the decision of the City Manager or Designee to the Planning Commission by filing a written appeal within ten days of the City Manager or Designee's written decision The decision of the Planning Commission with respect to any such appeal may be appealed to the City Council as provided elsewhere in this title.

The Commission shall also act in a recommending/advisory role to the City Council on the following matters:

A.

To promote and encourage all matters of public recreation whether herein specified or not in the City and in the territory of the Atwater School Districts;

B.

On acquisition, development, operation, and maintenance of parks, playgrounds and recreation centers and facilities for the public;

C.

To promote and encourage civic beautification by public agencies and private property owners;

D.

To suggest the most practicable means for coordinating the activities of all officers and agencies of this City having authority with respect to the administration or enforcement of traffic regulation;

E.

To stimulate and assist in the preparation and publication of traffic matters; and

F.

To recommend to the legislative body of this City and to the City Traffic Engineer, the chief of the traffic division and other City officials, ways and means for improving traffic conditions and the administration and enforcement of traffic regulations; and

G.

All other planning matters for which the Commission does not have legislative authority over.

(Ord. CS 1012, § 2, 4-22-2019; Ord. CS 1029, § 1, 5-11-2020)

A.

Any organization of persons that request the support or sponsorship of the City for qualified recreational activities or programs through its Planning Commission and such support involves the direct or indirect support or sponsorship with City facilities, services or cash grants, must provide a written report of the previous year's revenues and expenses as well as its projected budget for the next year. This information shall be furnished to the Commission prior to the time a request for sponsorship or support is presented to the Commission.

B.

The Commission shall establish rules and regulations for the submission of such financial information as it deems necessary and shall receive the financial information it deems necessary prior to its recommendation to the City Council.

(Ord. CS 1012, § 2, 4-22-2019)

The City may assess or levy taxes in the same manner that they are levied for other public purposes to carry on a park and recreation program in the City. Any moneys not expended on one budget may, upon request and approval by the City Manager and the City Council, be carried over to the following fiscal year.

(Ord. CS 1012, § 2, 4-22-2019)