Daly City Municipal Code Ch. 2.18 Planning Commission

There is established a planning commission of the city, which shall consist of five members, all of whom shall be residents of the city.

(Ord. 760 § 2 (part), 1973: prior code § 2-60)

The functions of the planning commission shall include the following powers and duties:

A. To prepare and recommend for adoption by the council, a comprehensive, long-term general plan and any amendments thereto or revisions thereof, for the physical development of the city and of any land outside its boundaries which, in the commission's judgment, bears relation to the physical development of the city; and to include in the general plan such of the elements described in the planning law of the state, or any other elements, as may be required in the commission's judgment;

B. To prepare and recommend for adoption by the council specific plans based on the general plan as may be required, in the commission's judgment, for the systematic implementation of the general plan;

C. To hold hearings and recommend for adoption by the city council any and all matters as to zoning and subdivision matters as may be authorized by this code, by any ordinance adopted by the city, and by such applicable state laws;

D. To perform such duties as may be authorized by such laws as are not in conflict with the provisions of this code;

E. To perform such other duties as the council may require pertaining to planning.

(Ord. 760 § 2 (part), 1973: prior code § 2-61)

Members of the planning commission shall be appointed by the city council of the city for a term of three years. The planning commission shall appoint from among its members one member who shall serve as chairman of the planning commission for a term of one year.

(Ord. 760 § 2 (part), 1973: prior code § 2-62)

The planning commission shall hold regular official meetings at the City Council Chambers located in the City Hall, 333 90th Street, Daly City, California, on the first Tuesday of each month at seven p.m. of such day. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day.

(Ord. 1197 § 1, 1994: Ord. 957 § 1, 1981: Ord. 760 § 2 (part), 1973: prior code § 2-63)

The planning commission shall hold special meetings upon forty-eight hours notice given by the chairman of the planning commission, or by the calling of the special meeting by two members of the planning commission.

(Ord. 760 § 2 (part), 1973: prior code § 2-64)

Except as provided in this chapter, the proceedings of the planning commission shall be governed by the latest edition of Robert's Rules of Order on all matters pertaining to parliamentary law, but no ordinance, resolution, proceedings or other action of the planning commission shall be invalidated, or the legality thereof otherwise affected by the failure or omission to observe or follow such rules.

(Ord. 760 § 2 (part), 1973: prior code § 2-65)

A. The minutes of the planning commission or journal of their proceedings shall be kept by the secretary of the planning commission and shall be neatly typewritten in a book kept for that purpose, with a record of each particular type of business transacted, set off in paragraphs and with proper subheads; provided, that the secretary of the planning commission shall be required to make a record only of such business as was actually passed upon by vote of the planning commission, and shall not be required to record any remarks of members of the planning commission, or any other person, except at the special request of a member of the planning commission. A record shall be made of the names of the persons addressing the planning commission and the title of the subject matter to which their remarks related, provided request is made for such record.

B. A record shall be made and duly preserved of all hearings when a matter is contested and a request therefor is made in writing prior to the date of any such hearing, accompanied by a deposit sufficient to cover the cost of making such record. A copy of the record of any such hearing shall be made available at cost to any person requesting the same.

(Ord. 760 § 2 (part), 1973: prior code § 2-66)

All hearings held pursuant to the provisions of this chapter shall be conducted in accordance with the following procedure:

A. Public hearings shall be mandatory for:

1. Amendment of zoning ordinance-zone change;

2. Variance to zoning ordinance;

3. Use permit;

4. Amendment of zoning ordinance-general provisions;

5. Amendments to general plan and subelements;

B. Public hearings may be held for other matters as determined by the planning commission or by direction of the city council.

C. Hearing procedures shall be as follows:

1. Submission of staff report;

2. Testimony:

a. By applicant and/or proponents,

b. By opponents,

c. Rebuttal as appropriate;

3. Appropriate discussion of recommended conditions;

4. Commission action:

a. Close hearing:

1. Approve application by motion

2. Deny

3. Take under submission,

b. Continue hearing.

(Ord. 760 § 2 (part), 1973: prior code § 2-67)

Any member of the planning commission may be removed from office upon the approval of such removal by a four-fifths vote of the city council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term.

(Ord. 760 § 2 (part), 1973: prior code § 2-68)

There is established a planning office responsible for administration of the functions of the planning agency and the planning commission, and such office shall be a function of the city manager. The city manager shall appoint a planning officer who shall be directly responsible for the administration of the planning office. The planning office shall be the secretary of the planning commission.

(Ord. 760 § 2 (part), 1973: prior code § 2-69)