Los Banos Municipal Code Art. 2 Los Banos Planning Commission

Note: Article 2 entitled "Planning Commission," consisting of Sections 2-2.201 through 2-2.209, codified from Ordinance No. 239, as amended by Ordinance No. 398, effective June 20, 1973, Ordinance No. 472, effective June 20, 1973, Ordinance No. 1022, effective January 15, 2005, Ordinance No. 678, effective April 3, 1981, Urgency Ordinance No. 740, effective December 4, 1985, Ordinance No. 777, effective May 22, 1988, Ordinance No. 855, effective April 17, 1992, Ordinance No. 1069, effective April 4, 2008, and Ordinance No. 1113, effective January 1, 2014.

Pursuant to the provisions of Chapter 3 of Title 7 of the Government Code of the State, there is hereby established the Los Banos Planning Commission (hereinafter referred to in this article as Commission).

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 16, Ord. 1113, eff. January 1, 2014)

Except as otherwise provided in this article, the provisions of Chapter 3 of Title 7 of the Government Code of the State of California relating to the powers and duties of members of Planning Commissions, and of Planning Commissions as bodies, and the rules of procedure and other provisions in said Title 7 shall govern and control the Planning Commission of the City.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 17, Ord. 1113, eff. January 1, 2014)

(a) The boundaries of the Planning Commission districts shall be congruent with the boundaries of the electoral districts of the City Council as identified in Section 2-1.102. The Planning Commission districts shall use the same numerical designations as the electoral districts of the City Council.

(b) The Planning Commission shall consist of five commissioners, four of whom shall be appointed from each of the four Planning Commission districts and one who shall be appointed at large. All Commissioners shall be voting members of the Planning Commission. No Commissioner shall be a member of the City Council.

(c) The Mayor, with the approval of the City Council, shall appoint the at-large Planning Commissioner as follows:

(1) The at-large Planning Commissioner position shall be advertised, seeking volunteers willing and desiring to be appointed to the Planning Commission. Any person seeking to be so appointed must complete and submit the City volunteer application, together with any other information requested by the Mayor. All such applications shall be provided to the City Council for review.

(2) The Mayor, the Mayor Pro Tem, and the Community and Economic Development Director shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for nomination by the Mayor to the City Council.

(3) The Mayor shall, at a regularly scheduled City Council meeting, nominate, from among such applicants, the person whom the Mayor desires to appoint to the Planning Commission.

(4) If the nomination by the Mayor is approved by a majority vote of the City Council, the Mayor may then proceed to appoint the person to the Planning Commission.

(5) If the nomination by the Mayor is not approved by a majority vote of the City Council, the Mayor shall nominate a different candidate until someone is approved by majority vote of the City Council.

(d) The Mayor, with the approval of the City Council, shall appoint each of the district Planning Commissioners as follows:

(1) The district Planning Commissioner position shall be advertised, seeking volunteers willing and desiring to be appointed to the Planning Commission. Any person seeking to be so appointed must complete and submit the City volunteer application, together with any other information requested by the Mayor. All such applications shall be provided to the City Council for review.

(2) The Mayor, the City Council Member from the corresponding district, and the Community and Economic Development Director shall form an ad hoc committee to review applications, interview applicants, and evaluate the candidates for nomination by the Mayor to the City Council.

(3) The Mayor shall, at a regularly scheduled City Council meeting, nominate, from among such applicants, the person whom the Mayor desires to appoint to the Planning Commission.

(4) If the nomination by the Mayor is approved by a majority vote of the City Council, the Mayor may then proceed to appoint the person to the Planning Commission.

(5) If the nomination by the Mayor is not approved by a majority vote of the City Council, the Mayor shall nominate a different candidate until someone is approved by majority vote of the City Council.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 18, Ord. 1113, eff. January 1, 2014; § 1, Ord. 1176, eff. December 5, 2019)

(a) Each district Planning Commissioner shall serve a term of four years. Terms of office shall be the same as the term of office for the corresponding district Council Member. The district Planning Commissioner's term of office shall expire on December 31st of the fourth year of his or her respective term.

(b) The at-large Planning Commissioner shall serve a term of two years. The term of office shall be the same as the term of office for the Mayor. The at-large Planning Commissioner's term of office shall expire on December 31st of the second year of his or her term.

(c) Notwithstanding the foregoing, all Planning Commissioners will hold office until their successors are qualified and take office.

(d) All vacancies will be filled in accordance with Section 2-2.203 to fill the unexpired term of the vacated seat.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 19, Ord. 1113, eff. January 1, 2014; § 2, Ord. 1176, eff. December 5, 2019)

(a) All commissioners shall be registered, qualified electors of the City.

(b) Except for the at-large member, each member of the Planning Commission must be a resident of the electoral district from which the member is nominated at the time the member is nominated and appointed. If any member of the Planning Commission ceases to be a resident of the district from which the member was appointed, for any reason other than a change in district boundary lines required following the decennial census, that member's appointment will automatically terminate. The at-large member must be a resident of the City. If the at-large member ceases to be a resident of the City, that member's appointment will automatically terminate. The secretary of the Planning Commission shall immediately inform the City Council of any such termination.

(c) If a member of the Commission is absent from three successive meetings, including regular, special and or adjourned of the Commission, or four regular meetings of the Commission during a 12 month period shall be deemed an automatic resignation from the Commission and such Commissioner's position shall be declared vacant. The secretary of the Planning Commission shall immediately inform the City Council of any such resignation.

(d) 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. If a vacancy shall occur otherwise than by the expiration of a term, the vacancy shall be filled as set forth in Section 2-2.203, for the unexpired portion of the term.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 20, Ord. 1113, eff. January 1, 2014; § 3, Ord. 1176, eff. December 5, 2019)

Commissioners serve at the pleasure of the City Council and may be removed prior to the expiration of their term by a vote of a majority of the members of the City Council.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 22, Ord. 1113, eff. January 1, 2014; § 4, Ord. 1176, eff. December 5, 2019)

A member of the Commission may resign from the Commission by filing a written statement with the City Clerk stating that he or she resigns from the Commission. The resignation shall become effective at the time of filing such written statement, and such member shall thereupon cease to be a member of the Commission, and a vacancy shall exist.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 23, Ord. 1113, eff. January 1, 2014)

Members of the Commission shall serve without compensation.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 24, Ord. 1113, eff. January 1, 2014)

The first meeting in January of each year shall be the organization meeting. Immediately after appointment and qualification, the Commission shall organize by electing one of its members as chairperson, who shall be charged with the orderly conduct of the Commission meetings, and one as vice-chairperson, to assume such duties in the absence of the chairperson, who both shall serve for one year.

(§ 25, Ord. 1113, eff. January 1, 2014)

Regular Planning Commission meetings shall be held at 6:00 p.m. on the second and fourth Wednesday of each month. If such date falls upon a City holiday, the meeting shall be held at the usual hour and place on the next succeeding day which is not a City holiday, unless cancelled in advance by majority vote of the Planning Commission. All regular and special meetings of the Planning Commission shall be held in the City Hall Council Chambers, unless otherwise posted and noticed in advance in accordance with the Ralph M. Brown Act. The Planning Commission, by majority vote, may cancel or adjourn any regular or special meeting.

(§ 1, Ord. 1069, eff. April 4, 2008, as amended by § 26, Ord. 1113, eff. January 1, 2014, § 2, Ord. 1192, eff. August 6, 2021)

Three members of the Commission shall constitute a quorum for the transaction of business, but a lesser number may adjourn from time to time.

(§ 27, Ord. 1113, eff. January 1, 2014; § 5, Ord. 1176, eff. December 5, 2019)

The Community Development Director, or designee, shall serve as secretary to the Commission.

(§ 28, Ord. 1113, eff. January 1, 2014)