Bell Municipal Code Ch. 2.52 Planning Commission

A. Pursuant to the City of Bell Charter Section 806, and California Government Code Section 65100, a planning commission for the city is created consisting of five members.

B. The creation of such a commission is necessary to insure and enforce the city's general plan, zoning code, development guidelines, and other laws, as well as goals and policies for directing and managing future growth and development of real properties located within the city.

C. Except as otherwise provided herein, the planning commission shall be subject to the provisions of Chapter 2.32 hereof, including Section 2.32.060 governing compensation.

(Prior code § 2411; Ord. 1216 § 1, 2016)

A. The availability of the office shall be noticed by the city clerk in accordance with the Maddy Act (Government Code Section 54970) for at least 10 days prior to the appointment, and applicants may apply on forms provided by the city clerk, but the nominated member need not submit an application.

B. No person who holds office in the city government or who is employed by the city shall be appointed to the planning commission or serve thereon. The members of the commission shall be qualified electors of the city for the duration of their tenure of office, and for at least 30 days prior to appointment. In the event that a planning commissioner changes his or her residence to one outside the city, he or she shall immediately become ineligible to serve on the planning commission.

C. Initial appointment shall be made as soon as possible following completion of the Maddy Act notice process in the following manner: at a regular meeting of the city council, each city council member shall nominate an individual from among the resident population of the City of Bell. Following nomination, the appointment shall be made when the nominee is approved by a majority of the membership of the city council. If a nominee is not appointed, the nominating councilmember shall make further nominations until a candidate is appointed by the council. After initial appointment the commissioners shall serve for the terms set forth below. At the time of expiration of a term, the successive term shall be filled by the same process as for the initial offices.

(Prior code § 2412; Ord. 1125 § 1, 1997; Ord. 1216 § 2, 2016)

Commissioners shall generally serve during the term of the councilmember who nominated them as provided herein. Initially two planning commissioner terms are scheduled to expire on May 31, 2017, and three terms are scheduled to expire on May 31, 2019. The terms scheduled to expire on May 31, 2017 are designated as offices one and two. The terms scheduled to expire on May 31, 2019 are designated as offices three, four, and five. Thereafter, the succeeding terms shall be four years for each office. Each member of the commission shall serve until his or her successor is appointed and qualified.

(Prior code § 2413; Ord. 1216 § 3, 2016)

A. Vacancies on the commission arising from any cause whatsoever shall be filled by appointment by the city council for the unexpired term with nomination being made by the councilmember or councilmember office who made the original nomination. If a councilmember who nominated a commissioner leaves office, the commissioner shall continue to serve their term unless removed by the council.

B. Except for the members first appointed after the adoption of the ordinance codified in this chapter, each member of the planning commission shall hold office for four years, but shall serve at the pleasure of the city council and may be removed, with or without cause, by a majority vote of the membership of the city council at any time. No prior notice needs to be given to any commissioner that the city council intends to take such action nor does the city council need to provide any statement of its reasons for taking such action. The city council may remove any commissioner for inadequate attendance in accordance with Section 2.52.050.

C. Prior to filling any unscheduled vacancy created on the commission, the city council shall comply with Government Code Section 54974 and provide for the posting of notice of the vacancy and not make any final appointment for at least 10 working days following posting of the notice in the city clerk's office.

(Ord. 1216 § 4, 2016)

A. It shall be the obligation of members of the planning commission to attend all meetings, whether regular or special, of the planning commission, except for good cause. If a commissioner knows he or she will be unable to attend a meeting of the commission, the commissioner must contact the chair of the commission or the staff member assigned to the commission prior to the time established for commencement of the meeting. The commissioner must explain his or her reasons for being absent. At the beginning of the commission meeting, the chair shall inform the commission of the reason for the absence of any commissioner, and the commission shall determine whether such absence stems from good cause and whether such absence is excused or unexcused. Failure by any commissioner to make said contact prior to the commencement of the commission meeting shall automatically be deemed an unexcused absence.

B. In the event that any commissioner arrives at a meeting after the commission determines that the commissioner's absence is unexcused, the commissioner may give his or her reasons for being late, and the commission may then rescind its prior action and find such absence to be excused, but otherwise the late arrival shall be deemed an unexcused absence.

C. Any commissioner who has accumulated three successive unexcused absences from regular meetings of the commission shall be deemed to be automatically removed from the commission, and their office shall be deemed vacated by operation of law.

D. A commissioner who misses any regular commission meeting due to an unexcused absence, shall not be entitled to receive that portion of their regular monthly salary, if any, for such meeting, except that if any additional regular or special meeting is held that month and the commissioner attends such meeting, then the commissioner shall be entitled to their regular monthly salary, without deduction.

(Ord. 1216 § 5, 2016)

The planning commission shall, upon its organization and annually thereafter at its first meeting each June, elect its chair and vice chair from among its appointed members and may create and fill such other offices as it may determine; provided, however, in a year when new appointments are made to fill four-year terms, such meeting shall be postponed to the first formal meeting following the appointment of new members. The chair shall have the same powers in the conduct of meetings as the chair of the city council shall have.

(Ord. 1216 § 6, 2016)

The planning commission may adopt rules and regulations for the transaction of business and shall keep a record of its proceedings, including minutes, resolutions, actions, findings and determinations, which record shall be a public record. Minutes, resolutions, and official records shall be filed with the city clerk. The planning commission may adopt by resolution procedural rules governing their meeting which must be consistent with the rules and policies of the council adopted by ordinance or resolution.

(Ord. 1216 § 7, 2016)

The planning commission shall have all of the following powers and duties, which powers and duties may be modified by ordinance of the city council:

A. The planning commission shall have all of the authority, powers, duties, and discretions conferred upon such bodies by the laws of the state or which under any ordinance of the city are provided to be vested in or performed or exercised by the planning commission of the city.

B. After a public hearing, recommend to the city council any amendment to the general plan or any part thereof, or any zoning ordinance amendments.

C. Exercise authority granted to it by ordinance over subdivisions, use permits, site plans, variances or other matters not inconsistent with the city's charter.

D. Make recommendations to the city council concerning public works and determining consistency with the general plan.

E. Perform other duties specified by the city council not inconsistent with the city's charter.

(Prior code § 2414; Ord. 1216 § 8, 2016; Ord. 1221 § 1, 2017)

A. There shall be one regular meeting of the planning commission each calendar month. Such meetings shall be held at the hour of seven p.m. on the first Wednesday of each month at City Hall, located at 6330 Pine Ave., or as otherwise specified by city council resolution.

B. The planning commission is authorized to hold workshops, study sessions, and special meetings as it deems appropriate in accordance with the Brown Act, Government Code Section 54950.

C. When the date for any meeting falls on a legal holiday, as established by any law of the state, any ordinance of the city, or proclamation of the President of the United States or Governor of the state, then such meeting shall be held at the same hour on the next succeeding business day, with the same effect as if it had been held on the day appointed in this section.

D. All meetings of the planning commission shall be open to public attendance in accordance with California Government Code Section 54953.

(Ord. 1216 § 9, 2016)