Brawley Municipal Code Art. III Planning Commission

8. For state law as to city planning, see Gov. C. A., § 65100 et seq. As to appointment of city planning commissions, see Gov. C. A., § 65150.

The planning commission of the city is hereby created and established.

(Ord. No. 290, § 1.)

The planning commission shall be composed of seven members to be appointed by the mayor, with the approval of the city council. In addition to these seven members, the mayor, the city engineer and the city attorney shall be ex officio members of the planning commission, but only the mayor, as ex officio member, shall have the right to exercise a vote, but this vote shall only be exercised in case of a tie vote among the regular members of the planning commission.

(Ord. No. 290, § 2; Ord. No. 624, § 1.)

The term of office of the regular members of the planning commission shall be six years, the ex officio members shall serve during their legal term of office. The six regular members of the planning commission shall be appointed for a term of six years; provided, however, that the members of the first planning commission shall serve for one, two, three, four, five and six years, and the term of office of all members thereafter appointed shall be for four years. At the expiration of each term of office, a new member shall be appointed, but in case of failure on the part of the mayor and city council to make such appointment, the incumbent commissioner shall serve until his successor has been duly appointed. All appointments made after the expiration of the terms of the first set of commissioners shall be for a period of four years. All vacancies due to causes other than the expiration of a term shall be filled for the unexpired term.

(Ord. No. 290, § 2; Ord. No. 599, § 1.)

The planning commissioners shall serve without compensation. The secretary of the planning commission, however, may receive compensation to be fixed by the council and such secretary may or may not be a member of the planning commission.

(Ord. No. 290, §3.)

The planning commission shall elect among its own members a president who shall serve for the period of one year, but may be reelected at the pleasure of the planning commission.

(Ord. No. 290, §4; 304, §1.)

The planning commission shall make its own rules and regulations; provided, that they are not in conflict with provisions of this Code or with any of the statutes of the state.

(Ord. No. 290, §4; 304, §1.)

The planning commission shall meet at least once a month.

The planning commission shall have a fixed place and date for its monthly meetings and shall notify the city council and the city clerk regarding such date and place of meeting or any change that may be necessary. The date and place of the meeting shall be fixed at least five days prior to the holding of such a meeting.

The planning commission may hold special meetings at the request of the mayor, the city council, the chairman of the planning commission or upon request of three members of the planning commission made to the chairman of the commission and filed with the city clerk who shall contact at least a majority of the members of the commission, by telephone or otherwise, and notify them of the special meeting and the date, time and place at least three hours prior to such meeting.

(Ord. No. 290, §4; 304, §1.)

Among other powers vested in it by law the planning commission shall have the following powers and duties:

1. The planning commission shall have the power to make surveys and investigations of all matters pertaining to public improvements, having to do with roads, water supply, sewers, tunnels, parks, playgrounds, public places, improvements and services to be rendered by the public service corporation, and all matters pertaining to safety, convenience, comfort and welfare of the people of the city for which material and construction, maintenance or improvement of lands and buildings, or the acquisition of such land and buildings for such public use and for the official approval of the city council or its legally constituted agents is required.

2. The city council may at its discretion require the planning commission to investigate and report on specific improvements or upon bond issues to be used upon such improvements. These reports should be filed within a reasonable period of time, the date to be fixed by the city council.

3. All recommendations of the city engineer, the building inspector or the city attorney requiring legislation to be enacted by the city council and affecting directly or indirectly the work of the planning commission, as outlined in paragraph 1 of this section, shall first be submitted to the planning commission, either at the request of the planning commission or on the initiative of the official making such recommendation. In either case a report shall be submitted by the planning commission to the city council within four weeks from the time the matter has been submitted to the planning commission. Failure to submit such a report on the part of the planning commission within the specified time, or at a later date to be fixed by the city council shall be deemed as constituting approval of such recommendation, or legislation by the planning commission.

4. The planning commission shall have the power to prepare plans, charts, maps and reports for the improvement, growth, development and beautification of the city and its surroundings for a distance of three miles from the city limits; such plans to include streets, plazas, boulevards and other lanes of traffic, as well as parks, playgrounds, set-back lines on streets and other lanes of traffic. The location of public buildings, the rules and regulations for the control of subdivisions to be recorded within the city limits of the city and territory adjoining the city for a distance of three miles outside of the city limits; billboard regulations, civic centers, tree planting, and tree protection regulations, the orientation and control of traffic and any other matters which in their opinion would benefit the public health, safety and welfare of the city.

The city council shall refer all matters mentioned above to the planning commission before taking official action, such reference shall, however, not be necessary in cases where the city council already has in its files official reports submitted by the planning commission regarding the matters under consideration, and requiring official action on the part of the city council.

5. The planning commission shall make all investigations required in the preparation of zoning maps and zoning ordinances, and shall submit to the city council a report consisting of the zoning map, the zoning ordinance and other information pertaining to such zoning maps and zoning ordinances.

After adoption of a zoning ordinance by the city council, no changes shall be made in such ordinances or maps, without first submitting such changes for consideration and report on the part of the planning commission; such reports to be returnable within two weeks from the time that such notice of change was forwarded by the city clerk to the secretary of the planning commission.

6. The planning commission shall also have the power and duties to be conferred and imposed upon such bodies by the state law; provided, however, that in exercising such powers and duties they shall first be authorized by the city council unless such powers and duties are already provided for in this article.

It shall also be lawful for the city council to require the planning commission to assume such other powers and duties as may be conferred upon planning commissions by any further statute providing for city planning commissions and describing their powers and duties within the state.

7. The planning commission may, in its discretion, employ city planners, engineers, architects or other competent consultants and technicians; provided, that their employment has first been authorized by the city council; and provided, further, that funds have been set aside by such city council for that purpose.

(Ord. No. 290, § 5.)

The planning commission has authority and power to hold such hearings as in their opinion may assist in the development of plans for the improvement, development and growth of the city. The place and date of such hearings shall be announced in the local newspapers of general circulation at least three days in advance of such hearings.

In no case shall the planning commission make recommendations to the city council entailing the enactment of local legislation, without first holding a hearing as provided in this section.

(Ord. No. 290, § 6.)

A member of the planning commission shall not be removed before the expiration of his respective term, unless such member is found guilty of malfeasance in office by the council, upon two-thirds vote of the council.

(Ord. No. 290, § 7; Ord. No. 646, § 1.)

Members of the planning commission may be authorized by the city council to travel at the expense of the city for the purpose of observing the city planning work of other communities, or for the purpose of attending meetings and conferences devoted to the subject of city planning and its allied subjects.

(Ord. No. 290, § 7.)