Bakersfield Municipal Code Ch. 2.28 Planning and Zoning Agencies

Sections: 2.28.010 Adoption of state law. 2.28.020 Appointment of officers and employees. 2.28.030 Planning commission—Creation—Members. 2.28.040 Planning commission—Selection of chair—Duties. 2.28.060 Meetings—Councilmember as advisor. 2.28.070 Meetings—Absence. 2.28.080 Members of planning commission. 2.28.110 Planning department—Duties. 2.28.120 Planning department—General plan consistency findings.

The Conservation and Planning Law of the state, being Title 7 of the Government Code, and amendments thereto, is adopted by the city by reference to this law, and all provisions therein contained which are applicable to cities, and not in conflict with any provisions of the Charter or ordinances of the city. (Prior code § 1.40.010)

Wherever the Conservation and Planning Law provides for the appointment of a director, officers, employees, consultant, or other specialists, the appointment shall be made by the city council or city manager, as the case may be, as set forth in the Charter or ordinances of the city regulating employment of officers and/or employees of the city. (Prior code § 1.40.020)

A. There is created a planning commission of the city which shall consist of seven members who shall be nominated and appointed by the city council.

B. The order of right to nominate is designated by ward according to the following table:

Commencing
Sequential Corresponding
April 2000
Order of Commissioner
and
Right to Appointment
Continuing
Nominate Number
Thereafter

1. Ward 6 1. April 2016,
April 2020,
April 2024,
April 2028

2. Ward 3 2. April 2017,
April 2021,
April 2025,
April 2029

3. Ward 5 3. April 2017,
April 2021,
April 2025,
April 2029

Commencing
Sequential Corresponding
April 2000
Order of Commissioner
and
Right to Appointment
Continuing
Nominate Number
Thereafter

4. Ward 2 4. April 2018,
April 2022,
April 2026,
April 2030

5. Ward 4 5. April 2018,
   April 2022,
   April 2026,
   April 2030

   6. Ward 1 6. April 2019,
   April 2023,
   April 2027,
   April 2031

   7. Ward 7 7. April 2019,
   April 2023,
   April 2027,
   April 2031

C. A commissioner need not be a resident of the ward represented by the nominating councilmember, but shall be a resident of the city at the time of nomination. A majority vote of the full council shall be required for appointment of the nominee as a member of the commission. If any nomination for appointment of a member of the commission fails to secure a majority vote, then the councilmember making the nomination shall be entitled to make further nominations until an appointment is made. For purposes of filling vacancies as set forth in subsection E of this section, each commission appointment shall be designated by number to correspond to the ward of the councilmember making the nomination.

D. Commission members shall be appointed for a term of four years commencing on the expiration date of the expired term being filled. All commission members shall be residents of the city during the entire term of appointment. Members may be reappointed for an unrestricted number of terms. Members shall serve at the pleasure of the council and may be removed at any time by the affirmative vote of five members of the council.

E. Any vacancy on the commission, other than by expiration of term, created by a member appointed after the effective date of the ordinance codified in this section, shall be filled as provided in this subsection. The councilmember of the ward which corresponds with the commission vacancy, as provided for in subsection C of this section, shall nominate a replacement member who, upon approval of a majority of the full council, shall be appointed for the unexpired portion of the term. (Ord. 4807 § 1, 2015; Ord. 4518 § 1, 2008; Ord. 3926 § 1, 1999; Ord. 3918 § 1, 1999; Ord. 3272 § 1, 1990; prior code § 1.40.030)

A. The commission shall elect its chair among its appointed members for a term of one year and, subject to other provisions of law, may create and fill other offices as it may determine.

B. 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. (Ord. 4666 § 1, 2012; prior code § 1.40.040)

One member of the city council shall be designated by the city council to serve in an advisory capacity to the planning commission, for a term of two years. (Ord. 4922 § 1, 2017; prior code § 1.40.060)

A. Should a member of the planning commission be absent for three consecutive regular meetings of the commission without cause, as determined by the commission, the office of the member or appointee shall be deemed to be terminated and the secretary of the planning commission shall immediately inform the city council of the termination.

B. An absence due to illness or an unavoidable absence from the city and written notice thereof to the secretary of the planning commission on or before the day of any regular meeting by the commission shall be deemed absence for cause. (Ord. 2583 § 1, 1980; prior code § 1.40.070)

The planning commission created prior to the adoption of the ordinance codified in this chapter is continued in existence and operation as the planning commission of the city, and the appointed members of each shall be and constitute the members of the planning commission until the expiration of the terms for which they were or shall be appointed. (Ord. 5020 § 9, 2020; prior code § 1.40.080)

The planning department of the city shall act in an advisory capacity on all matters relating to all applications decided by the planning commission, including conditional use permits, and shall provide technical and secretarial services to the planning commission. (Ord. 5020 § 11, 2020; prior code § 1.40.110)

A. All general plan consistency findings required by Government Code Section 65402, as the same may be amended, shall be made by the planning director or designee.

B. No general plan consistency findings shall be required for: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions or abandonments for street widening, or alignment projects are of a minor nature. (Ord. 4248 § 1, 2005)