Visalia Municipal Code Ch. 2.16 Planning Commission

There is created a city planning commission for the city, the same to be known as the “planning commission,” composed of five members to be appointed by the city council. The members of the planning commission shall be known as commissioners. (Prior code § 7000)

The term of office of the commissioners shall be for two years. Appointments shall be prior to the conclusion of each term, with the appointees taking office at the first planning commission meeting in January following their appointment. Each commissioner shall, nevertheless, continue in office until the successor is duly appointed and qualified; provided that any commissioner may be removed from office at any time by four-fifths (4/5) vote of the members of the council. The council has the option of appointing up to two planning commission alternates should a mid-term vacancy occur. At the time of alternate appointment, the council has the option of designating either to consider appointing an alternate if and when a vacancy occurs, or designating that an alternate may automatically become a commissioner if and when a mid-term vacancy occurs. The term of an alternate cannot exceed two years, and may be less. Vacancies from any cause whatever on the planning commission shall be filled by the council, and all such vacancies shall be filled for the unexpired term only.

Each commissioner shall qualify by taking the oath of office before taking the office of planning commissioner. (Ord. 2008-12 § 1, 2008; prior code § 7001)

No person shall be appointed a commissioner who shall not be a citizen of the United States and a bona fide resident of the city. Not more than two-fifths of the commissioners shall at the same time hold any other public office in the city. (Prior code § 7002)

The planning commission shall elect annually a chairman from its own members. It shall have power and authority to employ experts, clerks and a secretary, and all expenses incurred by it for such purposes, and all other expenses necessarily and properly incurred by it in the discharge of its duties and in the exercise of its proper functions, but not exceeding in all, the aggregate amount of the annual appropriation and any special or extraordinary appropriations made for its use and purpose, by the council, shall be a charge against the city; and all demands against the city incurred or created by the planning commission, shall before payment, be presented to and approved by the planning commission, and thereafter payment thereof shall be made as provided in Article IX of the Charter. The planning commission shall be deemed to be one of the city departments of the city for all of the purposes and within the meaning of said Article XIII of the Charter. The commissioners will serve without compensation. The planning commission may make such rules and regulations not inconsistent with the Charter or ordinances of the city, as it may deem necessary for its government in the transaction of its business. (Prior code § 7003)

The following matters, or any one or more thereof may be referred to the planning commission for report thereon by the board, commission, commissioner, or other public office officer, or officers of the city, having final authority thereon or therein, before final action thereon or therein shall be taken or had by such authority, to-wit; The adoption or approval of any map, plat or plan of the city, or any addition to, or subdivision or part of the city, or of any proposed addition to, subdivision of said city, including any map, plat or plan of any drainage, sewer or water system of the city; any change in any such map, plat or plan; the location or removal of any public building or structure, bridge, statuary or monument, highway, street, alley, park, parkway, square, playground or recreation ground or any other public way or place in the city. (Prior code § 7004)

All references made at the instance or on behalf of the city council shall be made by the city manager, who shall be deemed to be the referring authority in all such cases for all the purposes and subject to all the provisions of this chapter. (Prior code § 7005)

A. Extensions of time for the submission of any report of the planning commission under any reference may be had by agreement between the planning commission and the referring authority, and not otherwise.

B. The power of the referring authority to act upon any matter herein required to be referred to the planning commission before final action thereon by said authority, is suspended until the expiration of the time within which the planning commission may submit its report thereon as the same shall be fixed and determined pursuant to the provisions of this chapter; and the perfecting of a reference thereof to the planning commission as herein provided, shall be deemed a condition precedent to the exercise of the power of the referring authority to take final action upon any of the matters specified in Section 2.16.050 of this chapter. (Prior code § 7006)

Upon the submission by the planning commission of its report, or if it shall fail to submit its report, upon any matter or matters referred to it as provided in this chapter, within the time fixed for the submission of such report, or within the time as extended by agreement, as hereinbefore provided, then, in either case, the referring authority shall be free to exercise all its powers and authority over or concerning the matter or matters so referred and may take such action thereon as may seem proper, and it shall not be bound in such action by anything contained in the report thereof, if any, by the planning commission. Provided further, that in any case, where the referring authority shall reach a determination or decision adverse or contrary to the report of the planning commission upon any matter or matters referred to it as herein provided, such referring authority may, if it so elect, waive its right to take such adverse or contrary action, and may thereupon return the report with all its objections thereto to the planning commission, whereupon the matter or matters contained in or covered by the reference upon which such report was made, shall be restored to its status as unreferred matters or matter, and no action thereon shall be thereafter had or taken by the board, commission, commissioner, office, officer or officers having final authority to act thereon until the same shall again be referred to the planning commission for report thereon as hereinbefore provided. (Prior code § 7007)

The planning commission may at any time, upon its own motion and irrespective of reference, report upon any matter or matters mentioned in Section 2.16.050 of this chapter, to the board, commission, commissioner, office, officer or officers of the city having final authority thereon or therein. It shall be the duty of the planning commission, so far as practicable, to prepare and submit reports upon all matters referred to it as provided herein. (Prior code § 7008)

The planning commission shall make an exhaustive and comprehensive study of the city and of the territory contiguous thereto and shall as soon as practicable file in the office of the city clerk, a complete proposed plan of the city of Visalia with a report of its work in that behalf and its findings and recommendations concerning such proposed plan. Such plan may include, show or relate, not only to such matters as may be referred to the planning commission as provided in this chapter, but also any and all matters and things which in the opinion of the planning commission should be considered or included in such plan. Such plan may include not only the territory now included within the city of Visalia, but also any territory outside the city limits that in the opinion of the planning commission should for any reason be included in such plan. (Prior code § 7009)

It shall be the duty of all departments, boards, commissions, commissioners, and officers of the city to cooperate with the planning commission in the performance of its duties and in the final consummation of its purpose. (Prior code § 7010)

The planning commission shall have and it is invested with all the powers and charged with all of the duties, not inconsistent with the provisions of this chapter or with the Charter of the city, now or hereafter conferred or imposed upon planning commissions by general law of the state of California. (Prior code § 7011)

A. The city planner of the city shall serve as secretary to the planning commission and is authorized to sign necessary legal documents for the commission upon authority of said commission in each instance.

B. The city engineer of the city shall serve as an ex-officio member of said commission, having voice but no vote, and acting as a technical advisor thereto. (Ord. 9605 § 29, 1996: prior code § 7012)