Emeryville Municipal Code Art. 3 Planning Commission

The Council hereby establishes the Planning Commission.

(Sec. 29.41, E.T.C., as added by Sec. 1, Ord. 475)

The Planning Commission shall consist of seven (7) members appointed by the Council. The Council, whenever possible, shall attempt to appoint Planning Commissioners in such a manner that the various geographic districts of the City are represented by a Commissioner.

(Sec. 29.41, E.T.C., as added by Sec. 1, Ord. 475, as amended by Ord. 76-07)

At least four (4) members of the Planning Commission shall be residents of the City, and such members must have resided in the City for at least one (1) year immediately prior to their appointment. Vacancies on the Commission which are not filled by residents as hereinabove provided may be filled by owners, officers, or employees of a business located in the City, provided that such member must have been an owner, officer, or employee of such business for at least one (1) year immediately prior to their appointment.

(Secs. 29.41 and 29.44, E.T.C., as added by Sec. 1, Ord. 475, as amended by Sec. 2, Ord. 85-01, eff. Mar. 5, 1985)

The terms of the Planning Commission members shall be for three (3) years, commencing July 1 of the year of appointment. As of the effective date of this section, the terms shall be staggered as follows: the terms of two (2) members shall commence July 1, 1991; the terms of three (3) members shall commence July 1, 1992; and the terms of two (2) members shall commence July 1, 1993. Pursuant to California Government Code Section 1302, every member shall hold office until a successor is appointed.

(Sec. 2, Ord. 88-13, eff. Oct. 20, 1988; Sec. 29.41, E.T.C., as added by Sec. 1, Ord. 475)

Any member of the Planning Commission may be removed at any time by the Mayor, subject to the approval of the Council, or by a majority vote of the Council by resolution, but before such removal such member, if he so demands, shall be given a written statement of the reasons for his removal and the right to be heard thereon publicly at a meeting of the Council prior to the final vote on the resolution providing for his removal.

(Sec. 29.42, E.T.C., as added by Sec. 1, Ord. 475)

Each member of the Planning Commission may receive compensation of two hundred dollars ($200.00) per month if he or she elects to do so. The members shall be allowed necessary actual traveling and other expenses when the interests of the City shall require; provided, however, the Council shall first specifically authorize the purpose and the expenditures therefor.

(Sec 2, Ord. 07-009, eff. July 5, 2007; Sec. 2, Ord. 03-003, eff. Feb. 20, 2003; Sec. 29.45, E.T.C., as added by Sec. 1, Ord. 475)

Any member of the Planning Commission who has an interest in the subject matter being considered by the Commission shall disclose such interest and shall be disqualified from voting thereon.

For the purposes of this section, "interest" shall mean:

(a) Ownership or leasehold interest in any property involved in the matter being considered by the Commission;

(b) Employment by the owner or holder of a leasehold interest in such property; or

(c) Relationship by blood or marriage to the owner or holder of a leasehold interest in such property.

All members of the Planning Commission shall comply with applicable provisions of the State law respecting conflicts of interest, including but not limited to the Political Reform Act of 1974, California Government Code, Sections 81000 through 91014.

(Sec. 29.46, E.T.C., as added by Sec. 1, Ord. 475, as amended by Sec. 3, Ord. 85-01, eff. March 5, 1985)

A vacancy on the Planning Commission shall be deemed to exist whenever a person appointed thereto fails to qualify within ten (10) days after notice of their appointment, dies, resigns, is removed, or their appointment is automatically terminated.

In the event that a member will be absent from a regular or special meeting, the member shall notify the Chair, Vice Chair, or the City Manager or designee, at least twenty-four (24) hours in advance of the meeting start time.

The appointment of any member of the Commission who has been absent from thirty-three percent (33%) of the calendared regular meetings of the Commission in a calendar year shall automatically terminate. The Secretary of the Commission shall notify the City Clerk immediately following a meeting where the absence of any member has occurred. The City Clerk shall in turn communicate in writing to any member who has a recorded absence immediately after each such occurrence. The City Clerk shall additionally provide notice in writing to any member for whom termination would occur upon recordation of a subsequent absence. If that subsequent absence occurs, the City Clerk shall notify in writing the member whose appointment has automatically terminated, and report to the Council that a vacancy exists on the Commission and that an appointment should be made for the unexpired term.

The appointment of a resident member of the Commission shall automatically terminate upon the termination of his residence in the City. The appointment of other members of the Commission, except advisory members, shall automatically terminate upon the termination of their relationship as owner, officer, or employee of a business operated and located within the City or their transfer therefrom.

All vacancies occurring otherwise than through the expiration of the term shall be filled for the unexpired term in the manner provided for original appointments.

(Sec. 2, Ord. 17-007, eff. June 15, 2017; Sec. 29.43, E.T.C., as added by Sec. 1, Ord. 475)

The Planning Commission shall meet at such times as are not in conflict with the regular meetings of the Council but not less frequently than once each month. When there are no scheduled items to come before the Commission, no monthly meetings need be held. All meetings of the Commission and all committees thereof, whether regular or special, at which any official action is taken, shall be open to the public, and the Commission shall provide by its rules a method whereby citizens of the City shall have a reasonable opportunity to be heard at such meetings in regard to any matter considered thereat.

(Sec. 4, Ord. 85-01, eff. Mar. 5, 1985; Ord. 83-01, eff. Mar. 1, 1983; Sec. 29.48, E.T.C., as added by Sec. 1, Ord. 475, as amended by Ord. 75-03)

Four (4) voting members of the Planning Commission shall constitute a quorum for the transaction of business.

(Sec. 29.48, E.T.C., as added by Sec. 1, Ord. 475, as amended by Ord. 75-03)

The Planning Commission shall meet within ten (10) days after the appointment of its members and select a chairman, vice-chairman, and secretary who shall serve for one (1) year or until their successors are selected. The secretary need not be a member of the Commission but may be selected from the administrative staff of the Commission or be provided by the Council. The Commission may prescribe the duties of its employees, which duties shall not be in conflict with the laws of the City.

(Sec. 29.47, E.T.C., as added by Sec. 1, Ord. 475)

The Planning Commission may adopt rules and regulations for the administration of its affairs.

(Sec. 29.47, E.T.C., as added by Sec. 1, Ord. 475)

The Planning Commission shall have the following powers and duties:

(a) To initiate and conduct studies of the problems of the City with respect to residential, commercial, and industrial districts, traffic and parking conditions, boulevards, street openings and widenings, public parks, playgrounds, and other recreational areas, flood control, subdivisions, and, in general, with respect to those matters affecting the orderly growth and development of the City, including the tidelands, and to make to the Council recommendations with respect to such matters;

(b) To consult with and advise the Council and other City officials with respect to any of the matters set forth in subsection (a) of this section;

(c) To cooperate with the officials of the County and of neighboring municipalities in such matters set forth in subsection (a) of this section as may be of common interest and concern;

(d) To undertake and perform such other duties which pertain to City planning as may be assigned by the Council;

(e) To undertake and perform such other duties as may be prescribed by the Government Code of the State relating to Planning Commissions; and

(f) To make the findings necessary and grant or deny variances, adjustments and use permits as set forth in Chapter 4 of Title 9 of this Code.

(Sec. 29.49, E.T.C., as added by Sec. 1, Ord. 475, as amended by Sec. 5, Ord. 85-01, eff. Mar. 5, 1985)