Blythe Municipal Code Ch. 2.64 Planning Commission

Pursuant to Section 65100 et seq. of the California Planning and Zoning Law, the functions of the planning agency are assigned to the department, division or office of the city which carries out the responsibilities of a planning department, and to a planning commission. The office of the city planning commission is created and established. The planning commission shall be known as or referred to as the "Planning Commission of the City of Blythe" or as the "Planning Commission."

(Ord. 719 § 1 (part), 1995)

The planning commission shall consist of five members who shall be appointed by the city council. Three members of the commission shall reside within the corporate limits of the city and two members may reside either within the corporate limits or within the sphere-of-influence. Members may receive compensation as is prescribed by resolution of the city council. The planning commission shall have the powers and functions and duties prescribed in Section 65100 et seq. of the California Planning and Zoning Law, and in the city ordinances concerning land use issues.

(Ord. 787 § 1 (part), 2003: Ord. 719 § 1 (part), 1995)

The term of office of each planning commissioner shall be for two years. However, the formulation of the planning commission shall stagger the appointments so that no more than three members' terms shall expire in the same year. Members of the planning commission shall serve until the earlier of:

A. Their office becomes vacant pursuant to Section 2.64.040;

B. They are removed from office pursuant to Section 2.64.050.

(Ord. 719 § 1 (part), 1995)

A planning commission member vacates the office before the expiration of their term by:

A. Resignation;

B. Ceasing to reside within the corporate limits of the city if both available sphere-of-influence seats are filled; and/or

C. Ceasing to reside within the sphere-of-influence;

D. Ceasing to discharge the duties of a member of the commission by failing to attend three consecutive regular meetings unless he/she is prevented from attending by illness or is excused from attending by action of the commission;

E. Unexcused absence from twenty-five percent or more of the regularly scheduled meetings of the commission during any fiscal year.

(Ord. 787 § 1 (part), 2003: Ord. 719 § 1 (part), 1995)

The city council may remove any member of the planning commission from office at any time during their term with or without cause.

(Ord. 719 § 1 (part), 1995)

A. A chair and vice-chair shall be elected annually at the regular meeting in January from among the membership of the commission. Nominations on elections shall be by members of the commission. The chair and vice-chair shall assume office at the next regular meeting.

B. The vice-chair shall succeed the chair if they vacate the office before his/her term is completed. A new vice-chair shall be elected at the next regular meeting.

C. In the absence of the chair and vice-chair, any other member shall be elected from the members present to preside over the present meeting.

D. The chair or vice-chair may be removed by a four-fifths vote of the planning commission at any time during the term of the chair or vice-chair for just cause. A new chair and vice-chair shall immediately thereafter be elected by the planning commission.

(Ord. 719 § 1 (part), 1995)

The responsibilities and powers of the officers of the planning commission shall be as follows:

A. Chair.

1. Preside at all meetings of the commission,

2. Call special meetings of the commission in accordance with legal requirements and the rules of procedure,

3. Sign documents of the commission,

4. See that all actions of the commission are properly taken;

B. Vice-Chair. During the absence, disability or disqualification of the chair, the vice-chair shall exercise or perform all the duties and be subject to all the responsibilities of the chair.

(Ord. 719 § 1 (part), 1995)

The department head over the planning in the city shall appoint a secretary to the commission and shall be responsible for providing staff support to the commission.

(Ord. 719 § 1 (part), 1995)

A. The planning commission shall advise the city council on all matters pertaining to land use planning in the city.

B. The commission shall advise the city council on those matters falling within its charged responsibilities in a manner reflecting concern for the overall development and environment of the city as a setting for human activities.

C. The planning commission shall have and exercise the power to recommend to the city council, after a public hearing thereon, the adoption, amendment or repeal of the general plan, or any part thereof, for the physical development of the city.

D. The planning commission shall have and exercise the power to recommend to the city council, after a public hearing thereon, the adoption, amendment or repeal of the zoning ordinance, or any part thereof.

E. The planning commission shall have and exercise the power to recommend to the city council, after a public hearing thereon, the adoption of zone changes.

F. The planning commission shall have and exercise the power to recommend to the city council, after a public hearing thereon, the adoption of major variances, conditional use permits and plot plans requiring an environmental analysis.

G. The planning commission shall have and exercise the power to recommend to the city council, after a public hearing thereon, the adoption of with conditions tentative tract maps, and tentative parcel maps.

H. The planning commission shall have and exercise the power to approve, upon a finding of compliance with the conditions of approval as adopted by council final tract maps.

I. The planning commission shall exercise such other functions with respect to land subdivision, planning, and zoning as may be prescribed by ordinance.

(Ord. 719 § 1 (part), 1995)

Except as otherwise provided in these rules of procedure, "Robert's Rules of Order" shall be used as a guide to the conduct of the meetings of the planning commission; provided, however, that the failure of the commission to conform to the rules of order shall not, in any instance, be deemed to invalidate the action taken.

(Ord. 719 § 1 (part), 1995)

A. A regular meeting shall be held on the first Tuesday of each month, commencing at six p.m. in the council chambers of the city hall.

B. Whenever a regularly scheduled meeting falls on a public or city holiday, no regular meeting shall be held on that day. Such regular meeting may be rescheduled to another business day, by motion adopted by the planning commission.

C. In matters relating to the holding of regular and special meeting, and adjourning meetings to a date certain, the commission is bound by the provisions of the Ralph M. Brown Act of the state.

(Ord. 787 § 1 (part), 2003: Ord. 719 § 1 (part), 1995)

A quorum shall consist of three planning commission members.

(Ord. 719 § 1 (part), 1995)

A. The commission may be convened as a whole or as a committee of the whole for the purpose of holding a study session and/or workshop; provided, however, that no official action shall be taken and no quorum shall be required. Study sessions shall be part of the agenda of regular or special meetings. Such meetings shall be open to the public. Those items noted on the agenda under study session may not be voted upon unless noted on the agenda later in the meeting for action.

B. Committees.

1. The chairman may appoint ad hoc advisory committees with the concurrence of a majority vote of the commission.

2. Responsibilities and objectives of the ad hoc committee shall be specified at the time of the creation of the committee.

3. The committee shall be dissolved upon the completion of their responsibilities and objectives.

(Ord. 719 § 1 (part), 1995)

A. An agenda and staff report for each meeting of the commission shall be prepared by the planning staff.

B. The planning department cannot guarantee that applicants meeting filing deadlines will be placed on the agenda of the first meeting thereafter.

(Ord. 719 § 1 (part), 1995)

The planning commission shall adopt rules concerning order of meetings consistent with this code and the state codes.

(Ord. 719 § 1 (part), 1995)

A. Voting Requirements.

1. A quorum shall consist of three members.

2. Any member of the commission may make motions including the chairman.

3. The affirmative vote of the majority of the quorum is necessary for the commission to take action.

4. When a member of the commission abstains from voting on any matter before it, that vote will not constitute nor be considered as either a vote in favor of or in opposition to the matter being considered. A deadlock vote shall constitute no action. Such final deadlock vote shall be referred to the city council with no recommendation.

B. Recording of Votes. The minutes of the commission's proceedings shall show the vote of each member, including if they were absent or failed to vote on a matter considered.

C. Disqualification from Voting. A member shall disqualify himself from voting in accordance with the state of California Conflict of Interest Code. When a person disqualifies himself, he shall state prior to the consideration of such matter by the commission that he is disqualifying himself due to a possible conflict of interest and shall then leave the voting area.

(Ord. 719 § 1 (part), 1995)

Any determination or action taken by the director may be appealed to the commission. In a similar manner, any action taken by the commission to approve or disapprove an application or any action on an appeal to the commission may be appealed to the council.

(Ord. 719 § 1 (part), 1995)

An appeal may be filed by any resident of the city, the applicant or any person having an interest therein. All appeals shall be submitted to the city clerk's office, on a city application form, and shall specifically state the basis of the appeal. An appeal of a director action shall be filed with the city clerk within ten days following the date of action for which an appeal is made. An appeal of a commission decision shall be filed in the office of the city clerk within ten days following the date of action for which an appeal is made. Appeals shall be accompanied by a filing fee as specified by council resolution.

(Ord. 719 § 1 (part), 1995)

An action of the director and an action of the commission including action on a matter appealed from the director, shall not become final until the earlier of the expiration of the appeal period with no appeal having been undertaken or the action of the body having final appellate authority.

(Ord. 719 § 1 (part), 1995)

The powers and duties of the planning commission are suspended from the effective date of this ordinance until June 30, 2011. Pursuant to Section 65100 et seq. of the California Planning and Zoning Law, during said time period, the Blythe city council shall carry out all the functions of the planning commission.

(Ord. No. 829, § 1, 11-18-08; Ord. No. 845, § 1, 6-8-10)