Fillmore Municipal Code Ch. 2.32 Planning Commission

The planning commission shall consist of seven members, five of whom shall be appointed by the mayor with the approval of the council, and two of whom shall be ex officio members. The ex officio members shall be the city manager, or designated deputy, and the city attorney, or designated assistant. The ex officio members shall have no vote. Three of the members appointed by the mayor shall constitute a quorum. Four of the five voting members shall be residents of the city; however, a resident voting member who ceases to be a resident of the city during their term may complete their term, subject to approval by majority vote of the city council, so long as no more than two of the voting members are nonresidents of the city. Nonresident voting members of the commission shall be closely associated with the issues of the city. Members of the commission shall be reimbursed for actual expenses incurred pursuant to their duties as commissioners.

(Ord. 771 § 1, 2003)

Of the members of the planning commission first appointed, three shall be appointed for terms of one year, two for terms of two years, and two for the term of three years. Their successors shall be appointed for terms of four years. The terms of ex officio members shall correspond to their respective tenures.

(Ord. 262 § 2 (part), 1956)

A member's term of office shall expire on January 31st. A member of the commission shall not automatically be reappointed to a successive term of office. A member desiring reappointment shall be required to make formal application and participate in a competitive selection process as established by the council.

(Ord. 628 § 1, 1989)

In the event a member of the commission does not attend meetings for a period of sixty days, unless excused for cause by the chairman of the commission the office of such member shall be deemed to be vacant and the term of such member ipso facto terminated. The secretary of the commission shall immediately notify the mayor of such termination.

(Ord. 262 § 2(a), 1956)

If a vacancy shall occur otherwise than by the expiration of the term, it shall be filled by appointment for the unexpired portion of the term. Any vacancy created by absence shall be filled for the unexpired term as in other instances. All appointments to fill vacancies or for a new term shall be made by the mayor with the approval of the council. Any appointee member of the planning commission may be removed by the council by a majority vote.

(Ord. 262 § 2(b), 1956)

The commission shall organize and elect a chairman and vice-chairman from its membership. The city manager shall appoint a staff member to serve as secretary.

(Ord. 681 § 2, 1993: Ord. 262 § 3 (part), 1956)

Meetings shall be held at a designated public location not less often than once each month on a particular day at a particular hour. The time, day and place of regular monthly meetings shall be established by resolution of the commission, which resolution shall be filed in the office of the city clerk. The secretary of the commission shall be responsible for giving notice to the press of meetings of the commission as required in Sections 54950 et seq. of the Government Code. The commission shall, by resolution, establish a procedure for the calling of special meetings, which resolution shall be filed with the city clerk. The commission shall cause a public record to be kept of its resolutions, transactions, findings and determinations. Minutes shall be kept of all meetings, and copies thereof delivered by the secretary of the commission to the city clerk for filing, and for mailing to the members of the council within ten days after any such meeting.

(Ord. 262 § 3(a), 1956)

The planning commission shall have all powers, necessary and incidental, to enable it to carry out its duties under this chapter and under Title 7, Chapters 3 and 4 of the California Government Code.

(Ord. 262 § 4 (part), 1956)

The commission shall have the power, by resolution, to adopt rules of procedure, governing its meetings, its operation, its conduct of public hearings and the performance of its duties. Such resolution, and all modifications thereof, shall be filed with the city clerk. The secretary of the commission shall be a deputy city clerk insofar as power to administer oaths is concerned.

(Ord. 262 § 4(a), 1956)

The commission shall not have the power, in contested matters, to adopt any resolution or make any decision or order which requires for its support a finding which is based upon unsworn evidence, or upon testimony with respect to which the privilege of cross examination was denied to an opposing party. The commission shall have the power to require that any hearing in a contested matter be presided over by the city attorney or his assistant, as hearing officer. Such hearing officer shall rule on the admission and exclusion of evidence, and advise the commission on matters of law. The commission itself shall exercise all other powers relating to the conduct of the hearing, but may delegate any or all such powers to the hearing officer. Such hearings need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(Ord. 262 § 4(b), 1956)

The planning commission may and if directed by the council shall prepare precise plans based on the master plan, and draft such regulations, programs and ordinances as may in its judgment be required for the systematic execution of the master plan, and the planning commission may recommend such plans and ordinances to the city council for adoption. The scope of such precise plans, their adoption and administration shall be governed by the provisions of Title 7, Chapter 3 of the Government Code.

(Ord. 262 § 6, 1956)

The planning commission shall advise and recommend to the council the approval or disapproval or modification of all maps or plats of land subdivisions.

(Ord. 262 § 7, 1956)

The planning commission shall have the powers and perform the duties with respect to the adoption or administration of zoning regulations as are specified in Title 7, Chapter 4 of the Government Code. In this respect, the planning commission shall operate as a board of zoning adjustment.

(Ord. 262 § 8, 1956)

The city council shall provide the funds and equipment necessary for the work of the planning commission. No expenses of any kind shall be incurred by the commission unless included in the city budget or specifically approved by the city council.

(Ord. 262 § 9, 1956)

Commission members may be removed from office, upon the recommendation of any member of the city council, and with the concurrence of a majority of the city council, for breach of duty, for conduct unbecoming a public official of the city, for violation of the city's code of ethics, or for any cause deemed warranted by a majority of the city council.

(Ord. No. 13-837, § 3, 5-14-2013)