Yorba Linda Municipal Code Ch. 2.28 Planning Commission

The Planning Commission of the City is hereby established, with membership, powers and duties as provided in this chapter and as provided by the statutes of the state.

(Prior code § 2-49)

The Planning Commission shall consist of five members.

(Prior code § 2-50)

The City Council shall appoint the members of the Planning Commission by a majority vote of the total membership of the City Council. All appointees shall be residents of the City.

(Prior code § 2-52)

No member of the City Council shall be eligible for membership on the Planning Commission.

(Prior code § 2-51)

A. Each Planning Commissioner shall serve a term of four years, which shall constitute one full term. Notwithstanding the immediately preceding sentence, for the first appointments made after the adoption of the ordinance amending this section only, all five members of the Planning Commission shall be appointed simultaneously, and at least two of those appointments shall serve for a term of two years in lieu of four years, which shall constitute a full term. Thereafter, all succeeding terms for the Planning Commission shall be for a four-year term, subject to any exceptions set forth in this chapter.

B. No person shall serve as a member of the Planning Commission in excess of three full terms. A person serving for more than one-half of an originally appointed term shall be deemed to have served a full term.

C. All appointments to fill vacancies for expired Planning Commission seats shall occur each January immediately following a regularly-scheduled City Council election, or as soon thereafter as is reasonably practicable. At the sole discretion of the City Council, the City Council may also at this time review any other Planning Commissioner whose term is unexpired and appoint an alternative Commissioner, if deemed appropriate by the City Council. This provision in no way limits the Council's ability to otherwise remove a member of the Planning Commission from his or her appointment, as permitted elsewhere in this chapter and by law.

D. In the event a vacancy occurs on the Planning Commission for an unexpired term, the City Council shall at that time fill such vacancy by appointment for the remainder of the unexpired term.

E. This section repeals and replaces any other ordinance, resolution, or portion thereof to the extent that such ordinance, resolution, or portion thereof is in conflict with this section.

(Prior code § 2-53; Ord. 2008-915, § 1, 2008; Ord. 2014-1010, § 3, 2014)

If a member of the Planning Commission is absent from three successive regular meetings of the Planning Commission, without cause, the office of such member shall be deemed to be vacant and terminated, and the City Council shall be immediately notified in writing of such termination, by report of the secretary of the Planning Commission. An absence due to illness or unavoidable absence from the City, and written notice thereof to the secretary of the Planning Commission on or before the day of any regular meeting by the Planning Commission, shall be deemed absence for cause. The City Council shall consider the report of the secretary, and shall declare the office vacant if it determined the absences were without cause.

(Prior code § 2-54)

All members of the Planning Commission shall receive compensation as determined by resolution of the City Council, and members shall be entitled to receive actual and necessary travel and other expenses incurred in the conduct of business authorized by the Planning Commission.

(Prior code § 2-55)

Members of the Planning Commission shall be removed from office as provided in Section 2.28.060, and may be removed from office at any time by a majority vote of the total membership of the City Council.

(Prior code § 2-56)

At the first meeting in January of each year, the Planning Commission shall elect a chairman, vice-chairman and such other officers as are deemed necessary by the Planning Commission. The chairman and vice-chairman may serve successive terms, not to exceed a total of two years. The secretary of the Planning Commission shall be appointed by resolution of the Planning Commission.

(Prior code § 2-57)

The Planning Commission shall hold regularly scheduled meetings at a time and place to be fixed by resolution of the City Council, and shall hold such other meetings as from time to time shall be called in the form and manner required by law.

(Prior code § 2-58)

The following rules shall govern decorum at Planning Commission meetings:

A. By Planning Commission Members. While the Planning Commission is in session, the members shall preserve order and decorum, and a member shall neither by conversation or otherwise, delay or interrupt the proceedings or the peace of the Planning Commission, nor disturb any member while speaking or refuse to obey the orders of the Planning Commission or the presiding officer, except as otherwise herein provided.

B. By Other Persons. Any person who intentionally disrupts a Planning Commission meeting or who refuses to be seated or keep quiet when ordered to do so by the presiding officer, shall be guilty of a misdemeanor. Upon instructions of the presiding officer, it shall be the duty of any police officer present to issue a citation to such person.

(Prior code § 2-60; Ord. 90-649 § 2, 1990)

The Planning Commission shall have the following powers and duties, except as otherwise provided by law:

A. To recommend to the proper officers of the City plans for the regulation of future growth and development and beautification of the City in respect to its public buildings, works, streets, grounds and vacant lots;

B. To recommend to the proper officers of the City plans consistent with the future growth and development of the City in order to secure to the City and its inhabitants, sanitation, proper service of all public utilities, shipping and transportation facilities;

C. To make recommendations to any public authorities or any corporation or individuals of the City with reference to the location of any proposed buildings, structure or works;

D. To recommend to the City Council the approval or disapproval of maps or plats of all subdivisions of land or lot splits. Every map or plat, prior to its final approval or disapproval by the proper officer of the City, shall be submitted to the Planning Commission for its recommendation thereon;

E. To do such other things as shall be necessary to carry out the provisions of the City's zoning and subdivision regulations, and to undertake the study for, preparation and recommendation of a matter or general plan or amendment thereto covering a comprehensive long-term general plan for the physical development to the City and any abutting land outside its boundaries, which, in the judgment of the Planning Commission, bears a relation to the development of the City;

F. To hear and determine all applications for use permits, conditional permits and variances and adjustments not considered by the Community Development Director;

G. The Planning Commission shall have any and all other powers and duties provided by ordinance and by state law.

(Prior code § 2-59)