El Monte Municipal Code Ch. 2.24 City Planning Commission

A City Planning Commission is established.

(Prior code § 2400)

For the purposes of this chapter, the terms set forth in this section shall have the following meanings unless otherwise indicated in this chapter.

"Brown Act" means the Ralph M. Brown Act (Government Code Section 54950 et seq.) of the state of California.

"Commission" means the City Planning Commission of the City of El Monte which is composed of seven (7) Commission seats.

"Commissioner" means any one of the seven (7) occupants of seven (7) Commission seats that constitute the City Planning Commission of the City of El Monte. The plural term "Commissioners" can refer to more than one Commissioner or all seven (7) Commissioners, whichever meaning is reasonably appropriate given the context.

"Council" means the legislative body of the City of El Monte, namely the El Monte City Council, which is composed of seven (7) City Council seats. Six (6) of the seven (7) City Council seats are occupied by City Council members who are elected by-districts and the seventh seat is occupied by the city's Mayor who is elected from the city at-large.

(Ord. 2629 § 1 (part), 2004: amended during 1999 recodification; prior code § 2401)

(Ord. No. 2870, § 2, 12-15-2015; Ord. No. 3052, § 2, 5-14-2025)

A. Composition. The Commission shall consist of seven (7) members. Except as otherwise permitted under subsection B.2 of this section, below, one member shall be selected from each of the six (6) City Council districts within the city, and one member shall be selected from the city at-large.

B. Appointment of Commissioners.

1. Commissioners shall be appointed to the Commission in accordance with Government Code Section 40605 but subject to the eligibility requirements of subsection A. of this section. Subject to the Mayor's authority under Government Code Section 40605, in the event of a vacancy to a Planning Commission seat corresponding to a specific City Council district, the City Council member for that district, within fourteen (14) days from the date of the vacancy, may submit a non-binding written candidate recommendation for the Mayor to consider.

2. In the event of a vacancy to a Commission seat corresponding to a specific City Council district, the Mayor and the City Council, subject to Government Code Section 40605, may fill the vacancy with a candidate who resides in another district of the city if an otherwise eligible candidate who is willing to serve cannot be found (i) after sixty (60) calendar days from the date of the vacancy; or (ii) after thirty (30) calendar days from the date of the vacancy, where the vacancy immediately prevents the Commission from fielding a quorum to transact business. Before the Mayor presents a name for a vote by the City Council pursuant to this subsection, the City Council member for the district for which a Planning Commission vacancy exists shall have fourteen (14) days from the end of the 60-day or 30-day period referenced above, whichever applies, to submit a non-binding written candidate recommendation for consideration by the Mayor.

C. General Commission Term. Commissioners shall serve four-year terms commencing from the date they are sworn in but may be reappointed for an unlimited number of subsequent four (4)-year terms in accordance with Government Code Section 40605. The foregoing notwithstanding, in the event a Commissioner's term expires before a replacement has been appointed and if the loss of the outgoing Commissioner would also cause the Commission to lack a quorum to conduct business, then the Commissioner whose term has expired may continue to validly serve on the Commission until such time as a replacement is appointed but in no event may such extension term exceed a period of ninety (90) calendar days from the date the Commissioner's term expired.

D. Basic Qualifications.

1. All prospective appointees to the Commission must be at least eighteen (18) years of age at the time of the City Council vote on their appointment, must have been residents of the city for at least six (6) months prior to the date of the City Council vote on their appointment and must be a resident of the city continuously throughout their service on the Commission.

2. Except as permitted under subsection B.2 of this section, above, all prospective appointees to a Commission seat corresponding to City Council district must have been a resident of that district for at least six (6) months prior to the date of the Council vote on their appointment and must reside in the district continuously through their service on the Commission.

3. A prospective Commissioner's submission of documentation that reasonably corroborates the eligibility requirements, above, may be a condition for appointment and may be requested by simple majority vote of the full City Council from time to time to confirm that the Commissioner continues to satisfy all applicable residency requirements.

E. Restriction on Assuming Other Offices or Positions. No Commissioner shall hold or assume any other office or position of employment with the city after being sworn in as a Commissioner. In the absence of a state or federal statute to the contrary, no Commissioner may occupy another public office, whether elected or appointed, while serving on the Commission. The foregoing shall not preclude a Commissioner from serving on a commission, committee, or other public board, where the Commissioner is serving as the Commission-designated and City Council-approved representative of the Commission. Any Commissioner serving on such a commission, committee or other public board in such a capacity serves at the pleasure of the Commission and the City Council and may be removed from such commission, committee or other public board by either the Commission or the City Council at any time with or without cause.

(Ord. 2629 § 1 (part), 2004: prior code § 2401.1)

(Ord. No. 2809, § 4, 1-8-2013; Ord. No. 2870, § 3, 12-15-2015; Ord. No. 3036, § 2, 6-4-2024; Ord. No. 3052, § 3, 5-14-2025)

A. Voluntary Vacancies. If a Commissioner voluntarily vacates a Commission seat for any reason, the vacating Commissioner shall be replaced in accordance with Section 2.24.030.B.

B. Tenure at Will; Removal Without Cause. Nothing in this chapter shall operate to entitle any Commissioner to a right to serve a full four (4)-year term or to serve indefinitely. All Commissioners serve at the pleasure of the City Council and may be removed at any time with or without cause by simple majority vote of the full membership of the City Council. A motion to remove a Commissioner may be made and seconded by any member of the City Council, provided, however, that the seating of any replacement shall be made in accordance with Section 2.24.030.B.

(Ord. 2629 § 1 (part), 2004: Ord. 2526 § 4, 2000)

(Ord. No. 2870, § 4, 12-15-2015; Ord. No. 3036, § 3, 6-4-2024; Ord. No. 3052, § 4, 5-14-2025)

A. Chair and Vice-Chair. No earlier than the first regular meeting in January of each calendar year but no later than the second regular meeting in January of each calendar year, the Commissioners shall nominate and elect from among themselves one Commissioner to serve as Chair of the Commission and one Commissioner to serve a Vice-Chair of the Commission. A Commissioner elected to serve as Chair or Vice-Chair shall occupy that post until January of the following year, unless the Commissioners vote to remove the Chair or Vice-Chair before the end of their terms by no less than 4/5 vote of the full membership of the Commission. The Chair shall serve as the presiding official of each Commission meeting. The Vice-Chair shall assume the duties of the Chair when the Chair is absent from a meeting of the Commission or otherwise recused from participation. In the event the Commissioner serving as Chain's removed from the Commission or vacates his or her Commission seat, the Vice-Chair shall assume the position of Chair for the remainder of the removed or vacating Chair's one-year term. If the Vice-Chair is elevated to the post of Chair due to the removal or vacation of the post by the departing Chair, the Commission shall elect a new Vice-Chair from among themselves no later than the next regularly scheduled meeting of the Commission.

B. Meetings. Regular meetings of the Commission on the first and third Tuesday of each month at 7:00 p.m. in the Council Chambers of the El Monte City Hall, City Hall East, 11333 Valley Boulevard, El Monte, California or at such other time and/or location as may be convenient or necessary, provided timely notice of such alternate time and/or location is given. The Commission may hold such additional adjourned or special meetings as may be called in accordance with the provisions of the Brown Act and any other applicable state statutes or provisions of the code. If a regular meeting of the Commission falls on the same date as a city-observed holiday, such regular meeting shall be adjourned to the next regular meeting date following such holiday and all meetings otherwise scheduled or noticed to be held on a regular meeting day falling upon such holiday shall be held on the next regular meeting day following the holiday without the necessity of any further notice.

C. Internal Rules for the Conduct of Business. Subject to Council overrule and in conformity with the Brown Act and all other applicable federal and/or state laws or this code, the Commission may adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record subject to disclosure in the absence of any applicable statutory or common law privileges, restrictions or exemptions.

D. Administrative Support Staff. The Planning Division of the El Monte Community and Economic Development Department (hereinafter, the "Division") shall be the City division responsible for working with and providing administrative support to the Commission as it conducts its business. The Division shall make its phone and fax numbers available to each Commissioner. At least one staff member of the Division shall attend each regularly scheduled, adjourned or special meeting of the Commission.

(Ord. 2629 § 1 (part), 2004: prior code § 2403)

(Ord. No. 2821, § 3, 7-16-2013; Ord. No. 2847, § 3, 1-27-2015; Ord. No. 3052, § 5, 5-14-2025)

The Commission shall have all the rights, privileges, powers and duties applicable to planning commissions as set forth under Title 7 (Planning and Land Use) of California's Planning and Zoning Law (Government Code Sections 65000 et seq.) hereinafter referred to as the "Planning and Zoning Law." Such statutory rights, privileges, powers and duties are incorporated into this section by reference and made a part hereof as if the same were set forth in full in so far as the same relates to general law cities. All of the rights, privileges, powers and duties relating to general law cities under the Planning and Zoning Law are granted to the Commission, the Council, the members thereof and those applicable city officials with administrative authority over the city's planning and zoning processes, including but not limited to, the City Manager, the Community and Economic Development Director, the Planning Services Manager or their respective designees. All of the duties required to be performed under the Planning and Zoning Law or under this code, shall be so performed in the time and manner provided therein. In the event any provision of this chapter is in conflict with, or contrary to, the Planning and Zoning Law, the Planning and Zoning Law shall prevail.

(Ord. 2629 § 2 (part), 2004)

(Ord. No. 3052, § 6, 5-14-2025)

Neither the Commission, nor any Commissioner or group of Commissioners thereof, nor any person employed thereby, shall incur any financial liability or execute any contract in the name of or on the behalf of the city of El Monte or its various departments or divisions, without the express, prior consent and authorization of the Council by resolution.

(Ord. 2629 § 2 (part), 2004)

The Council, in its sole discretion, may permit the granting of a stipend to Commissioners or compensation for Council-authorized costs and expenses incurred by a Commissioner on behalf of the Commission or the city of El Monte. The Council, in its sole discretion may set, increase or decrease the amount or rate of the stipend at any time with or without cause or notice to the Commissioners. Service on the Commission is voluntary and any stipend Commissioners may receive shall not be construed as an inducement to, or consideration for, their service on the Commission but merely a means to defray costs and expenses incident to such service. Commissioners shall have no vested interest in receiving any stipend the Council, in its sole discretion, may elect to provide. Accordingly, the Council may reduce the amount or rate of stipends or eliminate the grant of stipends altogether at any time it determines such action is necessary or desirable. Any of the actions authorized under this section shall be accomplished by resolution of the Council.

(Ord. 2629 § 2 (part), 2004)

Editor's note— Ord. No. 3036, § 4, adopted June 4, 2024, repealed § 2.24.090, which pertained to application of 2015 amendments to Chapter 2.24 and derived from Ord. 2629 § 2 (part), adopted in 2004; and Ord. No. 2870, § 5, adopted Dec. 15, 2015.