Victorville Municipal Code Ch. 2.12 Planning Commission

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For statutory provisions directing the establishment of a planning agency, see Gov. C.A. § 65100. As to local planning generally, see Gov. C.A. § 65100 et seq.

A planning commission of a city is created, which planning commission shall consist of five regular members. The members shall be appointed by the mayor, with the approval of the city council, to fill an existing or forthcoming vacancy on such commission, and in addition, such ex officio and advisory members as shall be designated by a resolution of the city council.

No ex officio or advisory member shall have any vote upon such commission unless so specified by resolution designating such ex officio or advisory members to serve on the commission and in no event shall the total number of ex officio and advisory members having a vote upon the commission exceed one-half the number of regular members of the commission.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.1)

Each member of the planning commission shall be a qualified elector of the city as defined by Section 321 of the California Election Code and as hereinafter amended.

(Ord. 2216 § 1 (part), 2007: Ord. 605 § 2, 1979)

The normal term of each regular commission member shall be four years, more or less, and shall be coterminous with the term of office of the nominating councilperson. The appointee shall be approved by a majority of the council. The term of any regular member is automatically extended for not more than ninety days pending the qualification of his successor.

(Ord. 1230 § 1, 1988: Ord. 605 § 1, 1979: Ord. 366 § 1 (part), 1973: Ord. 172 § 1, 1968: Ord. 133 § 2 (part), 1966: prior code § 2210.2)

Vacancies shall be filled by appointment for the unexpired portion of the term.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.3)

The term of an advisory or ex officio member shall be as designated by the resolution appointing such member.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.4)

The council may designate an alternate or deputy to set on the commission in the absence of the advisory member.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.5)

Any member of the commission may be removed by the mayor, subject to the approval of the city council, or a majority vote of the city council.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.6)

Any city officer may be designated as an ex officio member. Not more than one ex officio member of the commission shall be appointed.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.7)

Residents of the city, city officers, city employees, members of the city council or residents of the county residing within the appointed zone of influence of the city may be appointed as an advisory member of the commission.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.8)

The planning commission shall have such of the powers and duties provided in those certain acts of legislature of the state relating to city planning commissions as the same are found in Title 7 of the Government Code of the state, known as the Planning Law of the state, as are specified by the council. The commission shall, in January of each year, elect a chairman and vice chairman from among the regular members. The city manager shall appoint a secretary and other support staff to facilitate the business of the planning commission.

(Ord. 1927 § 1, 2000: Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.9)

(Ord. No. 2388, § 3, 3-19-19)

The commission shall hold at least one regular meeting each month, and any other regular meetings deemed necessary to carry out its business, and shall adopt a resolution establishing the date and hour of such meetings. Additional special or adjourned meetings may be called by order of the chairman or by three-fifths of the voting members of the commission to (1) expedite its business or (2) hear matters of interest to the commission that require special deliberation apart from a regular meeting.

(Ord. 1725 § 3, 1994: Ord. 664 § 1, 1980: Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.10)

The commission shall adopt rules for the transaction of its business; shall keep public record of its resolutions, transactions, findings and determinations; and shall conform to all requirements set forth in Title 16 and to such further lawful requirements as shall be imposed by other ordinances.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.11)

(Ord. No. 2266, 1-18-2011)

Three-fifths of the voting members of the planning commission shall constitute a quorum for the transaction of business.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.12)

Regular participation in the meetings of the planning commission being essential to the performance of its duties, any member who fails to attend three consecutive regular meetings, or four out of any five consecutive meetings without the consent of the commission as noted in its minutes, shall, unless otherwise determined by action of the council, be removed and replaced by the mayor, with the approval of the city council, or by majority vote of the city council. "Regular meeting" includes any meeting provided for by law or by rule of the planning commission, or any regularly advertised public hearing.

It shall be the duty of the secretary of the planning commission to keep a public record of the attendance of members of the planning commission, and to promptly advise the city council in the event any vacancy exists, or in the event any member of the commission shall be absent for three successive meetings, or for four out of any five consecutive meetings.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.13)

Subject to the powers and duties vested in the planning commission by provisions of Title 7 of the Government Code, and as authorized by this chapter and Title 16 as set forth in Title 16, the planning commission shall comply with such requests and directives as shall be directed to it from time to time by the city council, and shall, so far as applicable, conform to and abide by all laws, ordinances, rules and regulations of the city.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.14)

(Ord. No. 2266, 1-18-2011)

The member of the commission presiding at any meeting thereof is authorized to administer oaths to any person testifying before the commission at any public hearing, and is authorized to enforce order at all meetings of the commission in accordance with the rules of the commission.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.15)

If, for any reason, testimony on any case set for public hearing cannot be completed on the date set for such hearing, the commission member presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which the hearing will be continued, and such announcement shall serve as sufficient notice of such continuance, and no further notice is required.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.16)

The members of the planning commission, including advisory members, and members of the staff of the commission, shall inform themselves on matters affecting the functions and duties of the commission. For that purpose, and when authorized by the commission, such members shall attend planning conferences, meetings of planning executives, or hearings on planning legislation or matters affecting all or part of the master plan. The reasonable traveling expenses incidental to such attendances shall be charges upon the funds allocated to the commission. The commission may, when authorized by minute order of the city council, pay dues for membership in organizations engaged in the study of planning.

(Ord. 366 § 1 (part), 1973: Ord. 133 § 2 (part), 1966: prior code § 2210.17)

Editor's note— Ord. No. 2414, § 3, adopted February 2, 2021, repealed § 2.12.180, which pertained to acceptance of gifts and derived from Ord. 366 § 1 (part), 1973; Ord. 133 § 2 (part), 1966; prior code § 2210.18.