Article III — PLANNING COMMISSION

Cross reference— Meetings of planning commission, § 2-143; boards, commissions and committees, § 2-341 et seq.

State Law reference— Authority of city to establish a planning commission, Government Code § 65101; planning commissions generally, Government Code § 65101 et seq.

A planning commission for the city is hereby created.

(Code 1968, § 2-89)

There is hereby created within the city the planning commission. The appointment of, number of, removal of and terms of the members of the planning commission shall be regulated in accordance with section 2-341 of the Code, unless otherwise specifically provided herein. The planning commission shall operate in accordance with section 2-342 of the Code, unless otherwise specifically provided herein.)

(Ord. No. 1099, § 8, 1-18-94)

Editor's note— Ord. No. 1099, § 1, adopted Jan. 18, 1994, repealed former §§ 2-52, 2-53, which pertained to membership and appointment of members, and compensation of members.

As to any development project brought before the city council either upon application of a development project developer, by city staff or by request of one or more council members for this purpose, the city council may vote to do the following based on a finding that the project will have either major significance, major economic impact on the city or an unusual potential impact upon the community:

(1)

The city council may supersede the planning commission and exercise original jurisdiction over all or any number of those matters for which the planning commission would otherwise hold final approval authority pursuant to this Code or statute. As a non-exhaustive list of examples, the city council may exercise original jurisdiction over tentative tract maps, tentative parcel maps, design reviews, conditional use permits, variances, and other matters which would otherwise lie within the approval authority of the planning commission.

(2)

As to those matters for which the planning commission provides either advice or recommendation to the city council pursuant to this code or statute, the city council may act upon such matter without the planning commission's advice or recommendation. As a non-exhaustive list of examples, the city council could act without the advice or recommendation of the planning commission upon general plan issues, specific plans, community plans, development agreements, zoning code changes, and other matters which would otherwise require the advice or recommendation of the planning commission.

In acting pursuant to (1) or (2), above, the city council shall be bound to the same procedural and substantive requirements as the planning commission would be if the planning commission were acting.

There shall be no right of reconsideration or administrative appeal of any decision made by the city council pursuant to this section.

All inconsistent or conflicting provisions of this Code are hereby deemed amended as necessary to conform such conflicting or inconsistent provisions with this section. This section shall not be operative in any particular case where this section conflicts with any preempting state or federal law or judicial decision, but shall be fully operative in all other cases.

(Ord. No. 1226, § 1, 9-16-97)

Secs. 21-54—21-80. - Reserved.