Chapter 2.40 — PLANNING COMMISSION

§ 2.40.010. Created.¶

A planning commission of the city is created under the provisions of the Planning and Zoning Law of the state of California, as amended.

(Ord. 572 § 1, 1997)

§ 2.40.020. Purpose.¶

The purpose of this commission shall be as the planning agency of the city. (Ord. 572 § 2, 1997)

§ 2.40.030. Members.¶

A. Said commission shall consist of five members. Each member before appointed/ reappointed will be required to pass a Department of Justice (DOJ) fingerprint test, per California Public Resources Code Section 5164.
B. Each commission member shall be a resident of the City. Both City employees and staff, whether they are compensated or serve as a volunteer, and City officers, whether they are elected or appointed, shall not be eligible for membership on the Planning Commission. A commission member may only serve on one City commission or committee at a time.
C. The commission shall have the authority to enlist the assistance of such other persons as the commission may deem necessary to accomplish the powers and duties assigned to it, such persons to serve at the pleasure of the commission, without a vote. The planning director shall be an ex officio member of the commission with no voting power.
D. The terms of office shall be for a period of two years, or until their successors are appointed and qualified. The terms of office shall be staggered. The terms of two members shall expire in even-numbered years and the terms of three members shall expire in oddnumbered years.
E. The members of the commission shall serve without compensation. The city council may, upon appropriate action, approve reimbursement to the members of the commission for such necessary expenses that may be incurred by them while acting in an official capacity.
F. Each year at the first regular meeting in March, the planning commission shall choose from its membership a chairperson (who serves as a liaison to the city council) and a vicechairperson, whose terms shall be for one year from date of appointment, together with such other offices as said commission deems necessary. The chairperson shall provide monthly reports to the office of the city clerk for the city council.
G. The city council may remove any member(s) of the commission from office prior to the expiration of his/her term(s) by a majority vote of all of the members of the city council.
H. All applicants for appointment or reappointment must fill out a city of Patterson application as provided by city staff. The mayor with one councilmember shall interview each candidate including any incumbents and make a recommendation to the full city council for appointment. Before the expiration of terms of office on the commission, at least within

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City of Patterson, CA § 2.40.030

PATTERSON CODE

§ 2.40.050

a month in advance, city staff shall advertise either in the local paper (at least twice) and/ or city website of vacancies on the commission. The mayor and one councilmember shall interview applicants (if any) at least within a month after the closing/deadline advertised to submit applications. In the case that the incumbent has applied but no other candidate applies, the mayor may make a recommendation for reappointment without going through the interview process.

I. Vacancies in the membership of the commission shall be filled in the same order as the appointment of a new commission member.
J. The term of a member of the commission who fails to attend three consecutive regular meetings or four meetings within any six-month period, without permission from the commission, will automatically be terminated; that finding to be made by the city council, upon notice from the commission secretary. This rule would apply to special meetings, if one-week notice was given for the meeting. The city council may remove any member(s) of the commission from office prior to the expiration of his/her term(s) by a majority vote of all members of the city council.
(Ord. 572 § 3, 1997; Ord. 588 § 2, 1999; Ord. 678 (part), 2006; Ord. 718 (part), 2011; Ord. 869, 11/4/2025)

§ 2.40.040. Meetings.¶

A. Assuming there are items for the agenda, the commission shall meet at least twice a month. The time and place of the regular meeting of the commission shall be the second and fourth Thursday of each month for the months of January through October, and shall be on the third Thursday of each month for the months of November and December, beginning at seven p.m. at the city council chambers. In the event said meeting falls on a legal holiday, the commission shall hold its regular meeting on the next succeeding business day.
B. A special meeting may be called at any time by the chairperson or upon the written request of any three members of the commission in accordance with the law of the state of California as it now exists or may exist hereafter.
C. The majority of the members of the commission shall constitute a quorum for the purpose of transacting the business of the commission.
(Ord. 572 § 4 (part), 1997)

§ 2.40.050. Powers and duties.¶

A. The planning commission shall have the general powers and duties specified for the planning commission by the ordinances of the city.
B. The commission shall perform all of the functions assigned to a city planning commission by the State Planning and Zoning Law and other statutes of the state relating to planning and zoning.
C. The commission shall prepare and recommend the adoption, amendment, or repeal of a comprehensive, long-term general plan, or any portion thereof, for the physical development of the city, together with detailed or specific sections based thereof, which shall include a land use element, a conservation element, an open-space element, including a parks and recreation element, a housing element, and a geology and seismic safety element, and which may include such other elements or plans as it or the council or the

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City of Patterson, CA

ADMINISTRATION AND PERSONNEL

§ 2.40.050

state may deem appropriate to relate to the physical and environmental development of the city.

D. The commission shall advise with and recommend to the proper officials of the city the approval, disapproval, or modification of all maps or plats of land subdivision in accordance with the Subdivision Map Act of the state, the ordinances of the city, or as may be otherwise provided by this code.
E. Hold hearings on planning and zoning matters as prescribed in the State Planning and Zoning Law, or by this code.
F. Advise with and recommend to the proper officials of the city regarding the acquisition, use, or disposition of all city-owned property.
G. The planning commission will review the Capital Improvement Program (CIP) to see if it complies with the city's general plan.
H. The commission cannot, under any circumstances, incur any indebtedness against the city, or any of the funds of the city, without the consent of the city council.
I. A record of all of the proceedings, resolutions, findings, determinations, and transactions of the commission shall be kept by the city clerk, or his/her designee, which records shall be a public record, and shall be subject to review by the city council.
J. Nothing in this chapter shall be construed as restricting any of the powers of the city council, or as a delegation to the said commission of any of the authority or discretionary powers vested and imposed by law in the city council.
(Ord. 572 § 4 (part), 1997)

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City of Patterson, CA

ADMINISTRATION AND PERSONNEL

§ 2.44.010

§ 2.44.030