National City Municipal Code Ch. 16.06 Planning Commission

Pursuant to the authority granted by Section 65000 et seq., of the California Government Code, there is hereby created a planning commission, consisting of seven members to be appointed by and serving at the pleasure of the city council.

(Ord. No. 2013-2381, § 1, 2-5-2013)

A. The planning commission shall hold two regular meetings each month, shall annually adopt a schedule for such meetings, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record unless the city attorney determines otherwise. Any regular meeting may be dispensed with by a majority vote of the planning commission. Special meetings as are necessary may be called by the chair or a majority of the commission after at least twenty-four hours' written notice has been posted and served upon the members of the commission. All meetings shall be conducted in compliance with the Ralph M. Brown Act (the "Open Meeting Law," California Government Code Section 54950 et seq.).

B. The functions of the planning commission include periodically reviewing and revising, as necessary, the general plan; implementing the general plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinances; annually reviewing the capital improvement program of the city and local public works projects of other local agencies for their consistency with the general plan; endeavoring to promote public interest in, comment on, and understanding of the general plan and regulations relating to it; consulting and advising with public officials and agencies, public utility companies, civic, educational, professional, as well as other organizations, and citizens generally concerning implementation of the general plan; promoting the coordination of local plans and programs with the plans and programs of other public agencies; performing other functions as the city council provides, including conducting studies and preparing plans other than those required or authorized by the Government Code; conducting hearings, taking evidence, examining witnesses under oath and compelling their attendance or production of evidence by issuance of subpoenas, and making decisions.

C. A quorum to conduct business consists of a majority of the members holding office.

D. A majority of a quorum vote is necessary to act upon a matter, and a tie-vote on an appeal authorized regarding a decision of the development services director shall affirm the action of the development services director.

E. The planning commission may sit as a body to hear and determine an appeal it is authorized to conduct or it may appoint a hearing panel to consist of one or more members to hear the appeal, take evidence, and render a decision in any individual case, in which event the decision so rendered on the appeal shall then constitute the decision of the commission. A decision rendered pursuant to this subsection is appealable to the city council only when authorized by the municipal code.

F. In any investigation or hearing conducted by the commission, it has the power to examine witnesses under oath and compel their attendance for production of evidence by subpoena issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police or his/her designee to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the city council in response to a subpoena issued by the city council. Each member of the commission shall have the power to administer oaths to witnesses.

(Ord. No. 2013-2381, § 1, 2-5-2013)

A. The members of the planning commission shall be appointed for staggered terms of four years. Not more than two terms shall expire in the same year.

B. If a vacancy occurs other than by expiration of a term, such vacancy shall be filled by appointment for the unexpired portion of said term. Each member of the commission shall serve until their successor is appointed and sworn into office.

(Ord. No. 2013-2381, § 1, 2-5-2013)

The planning commission shall elect its chair from among the appointed members for a term of one year and, subject to the provisions of law, may create and fill such other offices as it deems necessary. The city council shall provide such staff assistance to the commission as the council deems appropriate.

(Ord. No. 2013-2381, § 1, 2-5-2013)

The planning commission may adopt bylaws and operating procedures from time to time, provided that if any provision of such bylaws or operating procedure conflicts with this Chapter 16.06, this chapter shall prevail. The bylaws shall contain provisions relating to attendance of commission members.

(Ord. No. 2013-2381, § 1, 2-5-2013)

A. In addition to the functions conferred upon it by the municipal code and by state law, the planning commission shall also act in the capacity and carry out the functions of an advisory housing committee to the board of commissioners of the community development commission-housing authority of the city of National City (the "housing committee").

B. The housing committee shall be comprised of the seven members of the planning commission, who shall sit as the board of the housing committee when the commission is acting in the capacity and carrying out the functions of the housing committee. In addition, the city council shall appoint two ex officio members to four-year terms, for a total of nine members. These two appointed members shall have subject matter expertise in housing-related matters. Examples of subject matter experts include housing policy specialists, for and non-profit developers, housing and land use attorneys, or other housing professionals in housing-related matters. Said ex officio members shall sit with the seven members of the commission on such occasions as the commission is acting in the capacity and carrying out the functions of the housing committee. Said ex officio members shall serve at the pleasure of the city council.

C. The commission, when acting in the capacity of and carrying out the functions of the housing committee, shall utilize a housing committee agenda, which shall be separate and distinct from the commission agenda. Except for special meetings of either body, meetings of the commission and the housing committee shall be scheduled for the same date and time, unless it is impracticable to do so, with the meeting of one body to be held consecutively after the other.

D. The chair and vice-chair of the planning commission shall also be the chair and vice-chair of the housing committee. The two ex officio members shall not receive compensation, but shall be eligible for reimbursement of expenses incurred in the performance of official duties. The two ex officio members shall disclose reportable financial interests as members of the housing and community development committee pursuant to the city's Conflict of Interest Code.

E. The purpose of the housing committee shall be to encourage communication from persons, organizations and institutions in the city of National City, and to give advice and make recommendations to the housing authority or to the projects, programs and policies that seek to, for example: (1) pursue new housing options at all income levels; (2) ensure preservation of existing affordable housing; (3) streamline permitting and improve code compliance; and (4) enhance the city's role in reducing homelessness.

F. The housing committee shall, after its establishment, limit its review and recommendations to those matters set forth in subsection E through its by-laws.

G. For purposes of this Chapter 16.03, "ex officio" means by virtue or because of an office; by virtue of the authority implied by office.

(Ord. No. 2013-2381, § 1, 2-5-2013; Ord. No. 2019-2477, § 1, 12-3-2019)

The members of the planning commission shall be residents, but need not be electors, of the city. Compensation shall be determined periodically by resolution of the city council.

(Ord. No. 2013-2381, § 1, 2-5-2013)

The city attorney and the city manager or their designees shall be advisory members of the planning commission, and shall be without power to vote on any matters submitted to said planning commission.

(Ord. No. 2013-2381, § 1, 2-5-2013)