Hawaiian Gardens Municipal Code Ch. 2.28 Planning Commission

A Planning Commission which may be known and referred to as the "Planning Commission" of the City, is created and established and pursuant to the provisions of that certain act of the Legislature of the State of California, which is designated and referred to as the "Planning Law" (Title 7 of the Government Code of the State of California) as amended to date and as same may hereafter be amended.

(Ord. 33 § 1, 1965)

That said Planning Commission shall consist of five members, who shall be designated respectively as Commissioners Nos. 1, 2, 3, 4 and 5. Said Commissioners shall be resident voters of the City, and shall clear a criminal background screening. Commissioners shall be appointed by the City Council. In addition to the five appointed members of the Commission, the City Administrator shall be an ex officio member of said Commission but shall be a nonvoting member thereof. Commissioners may be removed at any time by a majority vote of the City Council. If a Commissioner moves his/her place of residence outside of the City limits, he/she shall be deemed to have immediately vacated his/her office.

(Ord. 475 § 1, 2002; Ord. 33 § 2, 1965)

A. Of the members of the Commission first appointed under the provisions of this chapter, Commissioner No. 1 shall be appointed for a term of one year, Commissioners Nos. 2 and 3 shall be appointed for terms of two years, and Commissioners Nos. 4 and 5 shall be appointed for a term of three years.

B. Upon the expiration of the respective terms of the Commissioners referred to in subdivision A. above, their respective successors shall be appointed for terms of four years.

C. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired portion of the term. Such appointment shall be made by the Mayor with the approval of the City Council.

(Ord. 33 § 3, 1965)

A. Notwithstanding any of the other provisions of this chapter, any Commissioner who absents himself/herself from any three consecutive regular meetings of said Planning Commission, unless excused from such attendance by consent of such Commission expressed by action of record in its minutes or who is absent from a total of five regular meetings of said Commission in any six-month period without such consent of such Commission so expressed of record, shall thereby automatically forfeit his/her position or office as a member of said Planning Commission, and the name of such person shall be automatically removed from the membership of said Commission immediately after the adjournment of any such third consecutive meeting or of any such fifth meeting in any such six-month period, as the case may be, at which such Commissioner has not appeared.

B. The Chairmember or the Secretary of the Commission shall thereupon promptly notify the City Council, and any such person so ceasing shall be filled by appointment as contemplated under the provisions of Section 2.28.030(C).

(Ord. 33 § 4, 1965)

A. The said Planning Commission and the members thereof shall respectively have and exercise each and all of the powers, duties, rights, privileges and authorities of City Planning Commissions and of members of such Commissions, all as set forth, provided for, and contemplated in this chapter and under any other ordinance of this City and in and under the provisions of said "Planning Law" as same now exists and as same may hereafter be amended, and shall perform the duties, acts and functions of such City Planning Commissions, and members thereof, respectively, all as indicated, set forth and referred to in, and as contemplated by, said "Planning Law" and in the manner therein stated.

B. The Planning Commission shall conduct such hearings as may be required by law upon receipt by the City of any application or petition for a change of zone and upon direction of the City Council, shall conduct such hearings upon any proceedings for a change of zone otherwise initiated. The Planning Commission shall thereafter transmit its recommendations with reference to said application or proceedings for a change of zone to the City Council.

C. Upon direction or request of the City Council, and only upon such direction or request, or as may be required by law or ordinance, the Planning Commission is further authorized and empowered to review, conduct hearings and make recommendations to the Council upon applications for zone exceptions, special use permits, divisions of land, building and plot plan approvals, other approvals as must be obtained under the zoning ordinances of the City and upon such other matters as the City Council may deem appropriate.

D. The Planning Commission shall make reports and recommendations to the City Council regarding matters affecting vehicular and pedestrian traffic, public health and safety in the City. The Planning Commission shall hold such meetings and such hearings as it deems necessary to affect these purposes.

(Ord. 274 § 2, 1984; Ord. 33 § 5, 1965)

Notwithstanding any other provision of any ordinance of the City after the Planning Commission has conducted a hearing and made recommendation to the City Council upon an application for a zone exception, special use permit, division of land, building or plot plan approval, or other approval as must be obtained under the zoning ordinances of the City, the City Council shall not be required to hold a public hearing on said matter. Upon receipt by the City Council of the recommendation of the Planning Commission upon any of said matters, the City Council may affirm, reverse or modify the recommendation of said commission with or without a further public hearing.

(Ord. 33 § 6, 1965)

The said Commission shall cause proper records to be kept of all its official acts and proceedings, and shall make reports to the City Council of said City, all as contemplated in and by said "Planning Law."

(Ord. 33 § 7, 1965)

Said Commission shall have no power or authority to bind or obligate said City or any officer or department thereof for any money, debt, undertaking or obligation of any kind in excess of the appropriation which the City Council may have made for the purpose of said Commission in any fiscal year.

(Ord. 33 § 8, 1965)

Except as otherwise provided in this chapter or by law, said Commission shall have power to and shall provide for its own organization; shall adopt rules and regulations for the transaction of business before it; and shall designate the time and place for the regular monthly meeting or meetings of said Commission.

(Ord. 33 § 9, 1965)

The City Clerk is authorized and instructed to notify said Planning Commission of any matters which may hereafter be pending before the City Council and to forward to said Planning Commission from time to time any and all documents, proceedings and instruments which may hereafter be so pending and which documents, proceedings and instruments, according to law, are required to be submitted to such Planning Commission prior to final action thereon by said City Council.

(Ord. 33 § 10, 1965)