§ 10.04

All the provisions of chapters 3 and 4 of title 7 of the Government Code of the State, Statutes of 1965, and the amendments thereto, referred to in this chapter as chapters 3 and 4, relating to the authority and procedures for local planning and zoning regulations as applicable to cities, are hereby made a part of this Code even though not specifically included in their entirety or referred to in this chapter.

(Prior code § 10-1.01)

The Planning Commission of the City is hereby established and shall consist of five (5) members appointed by the Mayor with the approval of the Council. The members shall be citizens, not City officials or employees, of the City. The members shall serve at the pleasure of the Council. Members may be automatically terminated as may be set forth by City Council resolution. Otherwise, members may be terminated at any time by a majority vote of the entire Council. Unless subject to automatic termination, members shall first be notified in writing of the Council's intended consideration of their termination. Such members, upon a request to the Council within fifteen (15) days following their receipt of such notice, shall be entitled to a hearing before the entire Council prior to the Council's vote on their termination.

The members heretofore appointed shall complete the terms for which they were appointed, and their successors to such terms shall be appointed for terms of four (4) years, except in the case of unexpired portions of terms. If a vacancy shall occur otherwise than by an expiration of a term, it shall be filled by an appointment for the unexpired portion of such term.

(Prior code § 10-1.02)

(Ord. No. 1146, § 2, 3-16-2010)

(a)

The Planning Commission shall elect a Chairman and Vice-Chairman from among the citizen members and a secretary, who need not be a member, for a term of one year, and such officers may be reelected for successive terms of office. Subject to the provisions of chapters 3 and 4 of title 7 of the Government Code of the State and other applicable laws, the Commission may create and fill such other offices and may recommend the employment of consultants or other employees as it may determine appropriate.

(b)

The Planning Commission shall hold at least two (2) regular meetings in each month. Any petitioner or citizen applicant desiring a special meeting of the Commission shall pay a fee as set by resolution of the Council prior to the calling of any such meeting. If there is more than one petitioner or applicant, the charge shall be prorated equally. The Commission shall adopt rules for the transaction of business and shall keep a record of its transactions, findings, and determinations.

(c)

All members of the Planning Commission shall serve as such without compensation, except for reasonable traveling expenses to and from their usual place of business to the place of meeting of the Commission, and except that the Council may establish by resolution a compensation for the citizen members for attendance at Commission meetings. Officers shall serve without extra compensation, except that the secretary, whether a member or nonmember, may, by Council resolution, receive a further compensation in addition to such other compensation as the secretary may receive from any other source.

(d)

When duly authorized by the Planning Commission, its members, including ex officio members and members of its staff, may attend City planning conferences or meetings, or hearings on City planning legislation, or matters affecting the planning of the City, and the reasonable expenses of such attendance shall be charged upon the funds allocated to the Commission.

(Prior code § 10-1.03)

(Ord. No. 1146, § 1, 3-16-2010)

10.04.040 - Powers and duties.

The Planning Commission shall have the general powers and duties specified for the Planning Commission in chapters 2 and 3 of this title and pursuant thereto shall have the power and duty to:

(a)

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;

(b)

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 thereon, which shall include a land use element, a circulation element, a conservation element, an open space element, including a parks and recreation element, a housing element, and a fire and geologic hazard element, and which may include a redevelopment element, a transportation element, a transit element, a public services and facilities element, a community design element, and such other elements or plans as it or the Council may deem appropriate to relate to the physical development of the City;

(c)

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 or as may be provided by this Code;

(d)

Hold hearings on planning and zoning matters as prescribed in the State Planning and Zoning Law or by this Code; and

(e)

Pursuant to Government Code § 65402(a), and subject to the limitations set forth in section 2.20.300 of this Code, report to the proper officials of the City upon whether each acquisition or disposition of City-owned real property is in conformance with the general plan.

(Ord. 1069 § 2, 2004; prior code § 10-1.04)

It is hereby declared, subject to the provisions of chapters 2 and 3 of this title, that all general and specific plans and regulations, including subdivision, zoning, and other related regulations, heretofore adopted pursuant to enactments repealed by said chapters 2 and 3 and this chapter, shall remain in full force and effect as though adopted pursuant to the provisions of said chapters 2 and 3 and this chapter.

(Prior code § 10-1.05)

Chapter 10.08 - ZONING REGULATIONS Article 1. - Title and Purposes