The Bellflower Planning Commission was created by resolution
in 1957, which resolution was amended from time to time. This chapter,
as provided by Section 65100 of the Government Code of California,
ratifies the existence of and the actions heretofore undertaken by
the Planning Commission and further establishes said Commission is
the Planning Agency of the City of Bellflower.
(Prior code § 21-2.1)
A.
The
Bellflower Planning Commission shall consist of five members, who
shall be qualified electors of the City, none of whom shall hold any
paid office or employment in the Bellflower City government.
B.
Members
of the Bellflower Planning Commission shall be appointed by the members
of the City Council; each City Council member having the opportunity
to make one appointment. If a member of the City Council declines
to make an appointment, the Mayor shall make such appointment in addition
to his/her own. All Planning commission members shall serve at the
will and pleasure of the City Council.
C.
Each member of the Bellflower Planning Commission shall serve for a term of four years, such term to be concurrent with the term of office of the appointing Council member, pursuant to Subsection (B) of this section.
D.
Vacancies
to the Bellflower Planning Commission shall be filled by appointment
by the member of the Council whose appointment has vacated his/her
Commission position. If a member of the City Council fails to make
an appointment to fill a vacancy, the Mayor shall make such appointment
with the approval of the City Council. Persons appointed to fill a
vacancy shall serve only for the unexpired term of the members whose
vacancy they fill.
(Prior code § 21-2.2)
Any member of the Planning Commission shall be subject to removal
by motion of the City Council adopted by at least three affirmative
votes. The office of any member of the Planning Commission shall be
vacated if the member absents himself/herself from three consecutive
regular meetings of the Commission or four meetings in any 12 month
period, or if he or she is convicted of a crime involving moral turpitude
or ceases to be an elector of the City. The office of any member shall
be vacated if said member is no longer a permanent resident of the
City.
(Prior code § 21-2.3)
The Commission shall observe the following rules in the conduct
of its meeting and business:
A.
The
Commission shall hold at least one regular meeting in each month.
B.
All
regular meetings shall be open to the public.
C.
Rules
for transaction of business shall be adopted by the Commission and
followed.
D.
A public
record (minutes) shall be prepared indicating all resolutions, findings,
and determinations of the Commission.
E.
A written
agenda shall be prepared and circulated to Commission members in advance
of all regular meetings.
(Prior code § 21-2.4)
The City Council delegates the following duties, responsibilities,
authority and limitations:
A.
The
Planning Commission's responsibilities and authority are those
set forth in applicable law as to the Planning Agency for the City
of Bellflower, except as may be authorized by and set forth in specific
City ordinances.
B.
The
Commission must receive and expeditiously act on all special project
assignments made by the City Council and submit reports and recommendations
to the City Council on these assignments.
C.
The
Commission may submit recommended City projects to the City Council
for possible assignment by the City Council.
D.
The
Commission will meet and elect a chairperson and vice chairperson
for its members.
E.
It is
the Commission's responsibility to be represented at the meetings
of the City Council and other commissions when matters of joint concern
are to be discussed and to advise chairpersons of other commissions
of Planning Commission matters of concern to that commission which
are to be discussed by the Planning Commission.
(Prior code § 21-2.5; Ord. 1333 § 1, 1/23/17)
The manner of filing applications, depositing fees, the scheduling
of hearings, and the giving of required notices shall be governed
by the provisions of Title 17, Zoning Regulations.
(Prior code § 21-1.1)
A.
At such
hearings held under the provisions of Title 17, the following order
of presentation shall be followed:
1.
Calling
of the case by the Chairperson.
2.
Presentation
of factual data by the Secretary of the Planning Commission or designated
staff representative.
3.
Sworn
testimony is then heard from the proponents, opponents, and proponents
on rebuttal. The Chairperson may, and upon request of any member of
the Commission shall, require that any witness giving testimony be
sworn before giving such testimony.
B.
Evidence
may be presented by oral statements, by testimony in response to questions,
or by written exhibits or reports. Letters from interested individuals,
other than agencies to whom communications were mailed requesting
specific information, shall only be referred to as filed material
and shall not be deemed as evidence. If the person who sent such letter
is present at the hearing, it may be read into the record at his/her
request in the event it contains any possible evidence. The technical
rules of evidence shall not apply at the hearing, but the Chairperson
may on his/her own motion exclude any testimony which considers immaterial
or irrelevant to the issues, or which is unnecessarily repetitious
or cumulative.
C.
Any
member of the Commission may also question the propriety or sufficiency
of evidence, and request that such testimony be excluded. If the Chairperson
ignores the question or considers it irrelevant, any Commissioner
shall have the power to call for a vote of the Commission, and the
Chairperson shall abide by the decision reached by the majority vote
of the Commission.
D.
The
Chairperson may, and upon motion of any member of the Commission carried
by a majority vote shall, limit the time for testimony to be presented
by the proponents and the opponents to any reasonable period or periods
of time.
E.
All
remarks from the floor shall be addressed to the Chairperson. All
members of the Commission shall address his/her remarks to the Chairperson,
or with his/her permission to the other members of the Commission.
Under no circumstances shall speakers be interrupted from the floor
during their presentation except by the chairperson or members of
the Commission, nor shall there be any interchange of remarks between
parties appearing before the Commission. The Commission shall through
its Chair-person control the presentation of evidence and the decorum
of the meeting at all times. Any remarks or orders to the audience
shall be made by the Chairperson, or with his/her permission, by members
of the Commission.
F.
Any
party desiring to address a question to a witness for another, shall
state the question to the Chair-person, who shall indicate whether
or not it need be answered by the witness. The Chairperson shall authorize
any reasonable cross-examination of witnesses.
G.
The
amendment of any application by the applicant may be permitted at
the time of the hearing only if the amendment lessens the area involved,
or decreases the use requested. Any other amendment shall require
a new hearing, and the manner of setting the hearing, giving of notice
and conducting the hearing shall be the same as may be prescribed
for the original application.
H.
At the
conclusion of the hearing, unless otherwise ordered, the Chairperson
may declare the matter submitted for decision without formal action
of the part on the Commission.
(Prior code § 21-1.2)
No member of the Commission shall prior to the filing of any
application, or prior to final action by the Commission, on any pending
application, make any commitment or promise in connection with the
case or application. All discussion relative to a proposed case shall
be handled by the administrative staff of the City, or such staff
as may be under contract to the City.
(Prior code § 21-1.5)
The office of the Secretary of the Planning Commission shall
be filled, ex officio, by the Planning Director.
(Prior code § 21-1.6)
The Planning Commission shall cause to be made by the Secretary
of the Planning Commission such investigation of facts bearing upon
such applications for zone changes, conditional use permits, or variances,
as will serve to provide all necessary information to assure that
the action on each application is consistent with the intent and purpose
of the Zoning Regulations of the City, and with all previous amendments
or exceptions granted pursuant thereto.
(Prior code § 21-1.7)
For the purpose of conducting any investigation, the Secretary
of the Planning Commission may conduct such investigation himself/herself
or he or she may engage the assistance of an assigned City employee
or of an authorized contractual agency.
(Prior code § 21-1.9)
All proposals for amending zone boundaries or classifications
of property uses within such zones, as are defined by the Zoning Regulations
of the City, or the granting of Conditional Use Permits or variances,
or for the revocation of such Conditional Use Permits, or variances
as may be provided for by the Zoning Regulations, shall be set by
the Secretary of the Planning Commission for public hearing when such
hearing is to be held before the Planning Commission.
(Prior code § 21-1.10)
Within 14 days after any meeting of the Planning Commission,
the Secretary shall cause to be prepared and mailed to the individual
members of the Planning Commission a copy of the proposed minutes
of said meeting. The first item of business at each meeting of the
Planning Commission shall be the consideration of said proposed minutes.
After the Commission makes any changes or additions it desires, if
any, the minutes shall be finally engrossed and a copy thereof shall
be mailed to each member of the Planning Commission and to each member
of the City Council.
(Prior code § 21-1.11)
All decisions of the Planning Commission which are subject to
review by the City Council shall be placed in final form by the Secretary
and signed by the Chairperson and submitted to the City Council within
two weeks after final decision by the Planning Commission.
(Prior code § 21-1.12)
