Angels Camp City Zoning Code
CHAPTER 17
85 PLANNING COMMISSION PROCEDURES – VACANCIES
§ 17.85.010 Name.
The name of this commission shall be the city of Angels planning commission (planning commission).
(Ord. 302 (part), 1989; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.020 Duties.
Duties of the planning commission shall be as follows:
A.
To develop and maintain a comprehensive, long-term general plan for the physical development of the city of Angels planning area as provided by the California Planning and Zoning Law;
B.
To develop such specific plans as may be necessary or desirable;
C.
To take action upon or make recommendations to the city council regarding general plan amendments, rezonings, annexations, subdivision or parcel maps, development agreements, conditional use permits, administrative conditional use permits, site development permits, administrative site plan reviews, variances and other related matters referred by the city council;
D.
To carry out the duties specified by law; to conduct studies and report on matters referred for action by the city council; and generally to assist and advise the city council and the public in matters pertaining to planning so as to protect and promote the public health, safety, and general welfare.
(Ord. 302 (part), 1989; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.030 Membership – Officers.
A.
The commission officers shall be a chairperson, a vicechairperson and a secretary.
B.
The offices of chair and vice-chair shall be filled by voting members elected by a majority of the total voting membership. The persons so elected shall serve for terms of one year. Elections shall be held during the annual meeting which shall be the regular meeting held in the month of July of each year.
C.
Unless the planning commission determines otherwise, the vice-chair will succeed the chair.
D.
The office of secretary shall be held by a qualified staff person appointed by the city planner and be a nonvoting member.
E.
The duties of the planning commission officers shall be as follows: It shall be the duty of the chair to preside over all meetings of the commission, to appoint committees, to serve as an ex-officio member of all committees so appointed; and to refer matters requiring attention to the proper standing committee.
F.
It shall be the duty of the vice-chair to assist the chair in the execution of the duties of his/her office and to act in his/her stead during his/her absence from conferences or meetings.
G.
It shall be the duty of the secretary to keep a record of all meetings of the planning commission, and to direct the operation of routine business in accordance with policies established by the commission and city council.
H.
Membership of the planning commission shall be five atlarge members who reside within the city limits appointed by the city council for three-year terms.
(Ord. 302 (part), 1989; Ord. 437 §§ 1, 2, 2009; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.035 Vacancies.
In the event of a vacancy on the planning commission due to an expired term, the commissioner may continue to serve in the expired seat until a replacement is appointed by the city council.
(Ord. 549 (Att. A), 2025)
§ 17.85.040 Committees.
A.
Committees shall consist of two or more members. Each shall serve for a period of one year, and each committee shall determine its own procedures unless otherwise provided herein.
B.
The following committees are designed as standing committees:
1.
Planning committee.
2.
Historical district sign review committee (see Section 17.85.105).
C.
The planning committee shall assist the commission in all matters pertaining to the development and maintenance of an adequate general plan, and in the accomplishment of the various units thereof, and shall recommend revisions in or additions thereto by annual reports to the commission.
D.
The chairperson shall appoint special committees as they may be required.
(Ord. 302 (part), 1989; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.050 Quorum – Majority vote – Appeals.
A.
A majority of the voting members shall constitute a quorum for the purpose of conducting routine business.
B.
All planning commission decisions and recommendations shall be by majority vote of the total commission membership.
C.
Any planning commission decision may be appealed to the city council pursuant to Chapter 17.81.
(Ord. 302 (part), 1989; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.060 Meetings.
A.
Regular and special meetings of the planning commission shall be held at those times and places set forth by resolution of the city council. Meetings shall commence at six p.m. on the second Thursday of each month at City Hall, unless otherwise agreed upon at a regular meeting as provided under this chapter.
B.
The city planner, chairperson or three members of the planning commission may call a special meeting as deemed necessary providing proper notice can be given.
C.
No public hearing will commence after ten p.m., and no item of business will commence after eleven p.m. Scheduled items which cannot be heard because of lack of time will be continued to the earliest possible date.
D.
Any regular meeting may be adjourned and reconvened at any specified time and place upon a majority vote of a quorum.
E.
Special meetings may be held upon twenty-four hours’ notice to each member of the commission, the meetings to be held at such times and places as ordered by the chairperson. The notice shall state the purpose of any such special meeting, and shall be given to the news media which request the same.
F.
The secretary of the planning commission shall report the absence of any member at three consecutive meetings without an acceptable excuse. This may be grounds for the planning commission to recommend the removal of that member from the commission.
(Ord. 302 (part), 1989; Ord. 437 §§ 3, 4, 2009; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.070 Agenda.
A.
The agenda shall show the order of business of each regular meeting substantially as follows; however, individual items may be added, removed or rearranged at the discretion of the city planner:
1.
Call to order, roll call;
2.
Approval of minutes;
3.
Approval of the agenda;
4.
Public comment;
5.
Public hearings;
6.
Planning commission business--action items;
7.
Adjournment.
8.
This statement shall appear at the bottom of each agenda:
Planning commission decisions can be appealed to the City Council. Appeal must be filed with the City Clerk’s office (City Hall) with the appropriate fee within 10 calendar days of the hearing. For more information contact the Planning Commission secretary at (209) 736-1346 or cda@angelscamp.gov.
B.
No deliberations or actions shall be performed by the planning commission which are in violation of the Brown Act. Each planning commissioner should be thoroughly aware of the requirements of the Brown Act.
C.
Each agenda item should be handled in the following order unless the chair determines it is necessary or expeditious to rearrange the order for a particular item of business:
1.
Staff presents report and makes recommendations;
2.
The planning commission may ask questions regarding the staff presentation and report;
3.
Open public hearing or meeting for public comments;
4.
Proponents of the agenda item make presentation(s);
5.
Any opponents make presentations;
6.
Applicant makes rebuttal of any points not previously covered;
7.
Close public hearing or meeting to public comments;
8.
Planning commission asks any questions it may have of the proponents, opponents or staff;
9.
Actions:
a.
Adopt negative declaration, certify EIR, or otherwise approve environmental findings;
b.
Adopt/deny project with findings (reasons); or
c.
Make recommendation to city council on both items.
(Ord. 302 (part), 1989; Ord. 437 §§ 5, 6, 2009; Ord. 521 § 1 (Att. A), 2022; Ord. 531 § 1 (Att. A), 2023)
§ 17.85.080 Procedural standards.
A.
Public Testimony.
1.
Public testimony at a regular meeting or a public hearing may be either written or oral. If written, it should be submitted at least one week prior to the public hearing or meeting to the secretary who will reproduce and distribute it to the planning commissioners prior to the hearing. If not submitted one week prior to the public hearing or meeting, it must be read into the record of the meeting. All written material will contain the name of the person(s) submitting it, and if a resident, his/her address. If not a resident, it shall identify the property or organization represented. All such written comments should be identified and summarized or read into the record of the public meeting or hearing.
2.
Every speaker may state his/her name and address, or he/she may state his/her name and identify the property or organization he/she is representing.
3.
Every speaker shall make his/her presentation at a place within the meeting room designated by the chairperson unless maps or other visual presentation requires him/her to stand next to the visual material.
4.
Every speaker shall address the planning commission through the chairperson. There shall be no direct communication with any other member of the commission, any staff member or any other individual except as recognized and authorized by the chairperson.
5.
If a member of the public wishes to remain directly informed regarding commission action upon any given application or project, the person shall file a notice containing his/her name, address and other information as required by the planning commission on forms which shall be furnished by the secretary. The secretary shall then notify all persons with such information on file of the time, date and place of any further action on the specific subject.
6.
The chairperson, when he/she deems it necessary, may limit the amount of time a speaker may use and/or the number of times he/she may speak. However, these limits must apply equally to all speakers at any one meeting or hearing. The commission need not hear the same opinion, concern or comment repeated on the public record more than twice and the chairperson may direct hearings to avoid such repetition.
(Ord. 302 (part), 1989; Ord. 323 § 50, 1992; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.090 Required actions.
A.
All planning commission actions shall be by resolution and shall include findings of fact (reasons) supporting the decision. Resolutions shall use a consistent format and numbering system that is acceptable to the commission and council. The planning commission shall, when acting upon any given project or decision, make clear on the public record what its findings of fact (reasons) for the action are to be. After the commission takes action on a resolution, it shall be reviewed by the chair prior to signature by the chair.
B.
Difficult Decisions. When differences of opinion exist among commissioners while deliberating an issue or project and a decision appears confused or difficult, the chair shall control order and progress by directing commissioners to introduce individual findings of fact related to the decision, each of which may be acted upon separately. In this effort, a difficult decision is broken into components (related facts). It shall be the commission’s intent that a separate action upon each component should lead to a consensus upon the whole decision.
C.
Conditions Versus Findings. Most planning commission actions for approval will include conditions of approval. Conditions shall be attached or otherwise incorporated within the resolution. The commission shall make clear on the public record what all the conditions for approval shall be.
(Ord. 302 (part), 1989; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.100 Planning projects.
City codes and state law prescribe responsibilities of the planning commission and procedures to be followed in processing, reviewing, hearing, and acting upon project applications. Additional details regarding permit applications and processing may be adopted by separate resolution.
A.
Zoning Amendments. The planning commission shall follow the procedures and responsibilities set forth in Chapter 17.90 of this code and Sections 65854 through 65858 of the California Government Code regarding zoning amendments.
B.
General Plan Amendments. The planning commission shall follow the procedures and responsibilities set forth in Chapter 17.90 of this code and Sections 65353 through 65354 of the California Government Code regarding general plan amendments.
C.
Annexations. The planning commission shall follow the procedures and responsibilities set forth in Section 66454 of the California Government Code.
D.
Subdivisions. The planning commission shall follow the procedures and responsibilities set forth in Title 16, Subdivisions, and the California Subdivision Map Act.
E.
Regulations Establishing Procedures and Requirements for Consideration of Development Agreements. The planning commission shall follow the procedures and responsibilities set forth in this chapter and California Government Code Sections 65864 through 65869.5.
F.
Conditional Use Permits and Administrative Conditional Use Permits. The planning commission shall follow the procedures and responsibilities set forth in Chapter 17.78 regarding use permits and Section 65905 of the California Government Code.
G.
Variances. The planning commission shall follow the procedures and responsibilities set forth in Chapter 17.75 regarding variances and Section 65906 of the California Government Code.
H.
Site Development Permits. The planning commission shall follow the procedures and responsibilities set forth in Chapter 17.74.
I.
Administrative Site Plan Reviews. The planning commission shall follow the procedures and responsibilities set forth in Chapter 17.73.
J.
Environmental Review. The California Environmental Quality Act (CEQA) requires that most applications will require a review for the potential environmental effects they may generate. The planning commission or city council must then adopt either an exemption, negative declaration, mitigated negative declaration or an environmental impact report before or along with any project approval. Environmental review procedures are set forth in Section 21000 of the California Public Resources Code and the California Environmental Quality Act (CEQA) guidelines. Each project staff report to the commission shall include either a recommendation that a project be found to be exempt from CEQA or include an initial study with a negative declaration, mitigated negative declaration, or an environmental impact report (EIR). Every planning commission action and resolution concerning a project shall include necessary findings pursuant to CEQA.
K.
Interpretations of Zoning Title or General Plan. From time to time it shall be the planning commission’s duty to interpret sections of the city’s zoning title or general plan. The commission shall deliberate such matters and render its decision and/or recommendation to the city council by resolution with findings as though it were any other action. It shall be the city planner’s duty to review and report to the commission regarding previous resolutions and the precedents that may have been set regarding the needed interpretation of the code or general plan before the matter is deliberated by the commission. It shall also be the city planner’s duty to prepare and submit amendments to the ordinance and/or general plan which will remove the area of confusion or inconsistency.
(Ord. 302 (part), 1989; Ord. 323 § 57, 1992; Ord. 437 § 7, 2009; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.105 Historical district sign review committee.
A.
Purpose. A historical district sign review committee is hereby established to review and take action on applications for sign permits within the historical commercial zoning district (HC). The purpose of the committee is to reduce the review and approval time for new signs or alterations of existing signs in the historical district when scheduling sign review at the next regularly scheduled planning commission could hamper business operations.
The committee shall be comprised of two representatives of the planning commission, and one alternate, as appointed by the planning commission.
B.
Procedures for the Historical District Sign Review Committee. Meetings of the historical district sign review committee shall be held on an as-needed basis. The city planner shall schedule meetings upon receipt of a completed sign application. Scheduling shall comply with California’s open meeting laws. The historical district sign review committee shall meet and take action to approve, conditionally approve, or deny the proposed sign(s). A quorum of the committee shall consist of no fewer than two committee members.
C.
Appeals of Decisions of the Historical District Sign Review Committee. Historical district sign review committee decisions may be appealed as set forth in Chapter 17.81 except that appeals shall be directly to the city council. Appeals must be submitted in writing to the community development department within ten days of the historical district sign review committee decision. No fee shall be charged for such an appeal.
(Ord. 521 § 1 (Att. A), 2022)
§ 17.85.110 General conduct.
Appearance of conflict or wrongdoing by commissioners shall be avoided. In general, the following rules shall be followed:
A.
On any action, commissioners have three choices, aye, nay or non-vote. An "aye" vote is in favor of the resolution, a "nay" vote is in opposition to the resolution. For a non-vote, the commissioner may abstain from voting or he/she may disqualify him/herself. An abstention is a "no position." Disqualification should be used if the commissioner has a financial interest. If a commissioner disqualifies him/herself, he/she must refrain from participating in any discussion.
B.
A commissioner should exercise care when discussing projects with project applicants outside of the public hearing or meeting. While this is not forbidden by law, it may give an appearance of wrongdoing and it often leads to difficulty in later deliberations. Commissioners should make known any information obtained or discussions held with an applicant, during the meeting and prior to any public hearing on the applicant’s project.
(Ord. 302 (part), 1989; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.120 Policy.
All matters of policy not covered by law shall be adopted by resolution with findings and when so adopted, shall be considered the official policy of the planning commission. It shall be the duty of the planning staff to draft and submit such policies in the form of code and/or general plan amendments.
(Ord. 302 (part), 1989; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.130 Information for commissioners.
The following information shall be supplied to each commissioner for his/her use in processing applications and handling regular business; also found on the city’s website:
A.
A copy of the general plan and an up-to-date map of city zoning;
B.
A complete and up-to-date copy of all city codes and, if different, ordinances and resolutions related to planning;
C.
Copies of all current policies, procedures and special reports;
D.
A schedule of terms of office of commissioners.
(Ord. 302 (part), 1989; Ord. 437 § 8, 2009; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.140 Information for public.
A.
The planning commission secretary shall make available to the public, subject to the fee schedule adopted by the city council, various documents containing such information as the planning commission schedule, information and dates required for filing various types of applications, all ordinances and policies used by the department and these procedures.
B.
The secretary shall maintain a file for every planning commission action item that shall be available for public review at City Hall during normal or posted working hours. The file shall contain copies of all available information pertaining to the action item. All such information should be fixed in place in the file and in chronological order as items are received. Such files may be electronic. The public may be allowed to obtain copies of information contained in the file but in no instance shall the file or any of its contents be removed from City Hall.
C.
There shall be available at every planning commission meeting a copy of these procedures as well as a copy available in the community development department.
(Ord. 302 (part), 1989; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.150 Applications and scheduling.
A.
Applications, except for those of a special or infrequent nature, shall be made on forms provided by the city planner and shall show all necessary information to show compliance with all applicable city ordinances and shall be accompanied by all necessary fees and information.
B.
The scheduling of public hearings and meetings shall be the responsibility of the planning commission secretary unless otherwise directed by the city planner, planning commission or city council.
C.
When an applicant requests a delay or continuance of an action pertaining to his/her application before, during or after a public meeting or hearing, the matter will be rescheduled not more than sixty days from the date first set for a public hearing.
(Ord. 302 (part), 1989; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.160 Legal notices.
A.
The planning commission secretary shall be responsible for the preparing, publishing, posting and/or mailing of public hearing and meeting notices.
B.
As used in this title, "public hearing notice" or "public meeting notice" means a notice that includes the date, time and place of a public hearing or meeting, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing or meeting.
C.
When a public meeting notice is required, such notice shall be posted at least three days prior to the meeting in at least two public places within the city limits.
In addition to the notice required by this section, the city may give notice of the meeting in any other manner it deems necessary or desirable.
D.
Whenever a public hearing notice is required by this code or state law, notice shall be given in all the following ways:
1.
Notice of the hearing shall be mailed, emailed, or delivered at least ten days prior to the hearing to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant;
2.
Notice of the hearing shall be mailed, emailed, or delivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected, unless those agencies were notified in conjunction with project review and did not request additional public hearing notification;
3.
Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the last equalized assessment roll within three hundred feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, records of the county assessor or tax collector which contain more recent information than the assessment roll may be used. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation with the local agency in which the proceeding is conducted at least ten days prior to the hearing. This provision does not apply if owners of real property within three hundred feet were notified in conjunction with project review and did not request additional public hearing notification;
4.
Public hearing notices shall be published in at least one newspaper of general circulation within the jurisdiction of the city at least ten days prior to the meeting, or if there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the meeting in at least three public places within the city limits including one public place in the area directly affected by the proceeding;
5.
In addition to the notice required pursuant to this section, the city may give notice of the public hearing in any other manner it deems necessary or desirable.
E.
In order to hold a special meeting, the community development department must provide advance notice of such meeting to each member of the commission. The notice shall state the time and place of the special meeting. It shall also state the business to be transacted, and no other business shall be considered at the special meeting.
Notice is required even if no action is taken by the planning commission at the special meeting. It is also required if the special meeting is to be held in closed session. If a planning commission holds an informal meeting falling within the scope of the Brown Act, such as a luncheon meeting, notice must also be given.
F.
In an emergency situation, the legislative body is not required to deliver written notice to the news media twenty-four hours in advance of its special meeting. An "emergency situation" is defined to include a work stoppage or other activity and a crippling disaster, which severely impairs public health, safety, or both, as determined by a majority of the members of the planning commission or city council. In such cases, telephonic notice shall be provided to news media one hour prior to the meeting unless telephonic services are not functioning.
G.
Adjourned or continued meetings should be noticed twenty-four hours in advance with notice posted on or near the door of the meeting place provided no new agenda items are acted upon and clear public announcement of the continued or adjourned meeting is made at the preceding regularly scheduled meeting.
(Ord. 302 (part), 1989; Ord. 437 §§ 9, 10, 2009; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.170 Records.
A.
Each applicant shall be furnished a copy of the resolution stating the action on his application.
B.
A tape recording of each meeting shall be made and filed in the office of the secretary of the planning commission, permanently. Tapes are to be made available to the public.
C.
A tape recording of each public hearing shall be made and permanently filed in the secretary’s office. Tapes are to be made available to the public; however, original recordings may not be taken from City Hall.
D.
All minutes, resolutions, and other pertinent information shall be permanently filed in the office of the planning commission secretary. Filing may be by electronic means. Minutes are to be made available to the public.
(Ord. 302 (part), 1989; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.180 Reports to city council.
The secretary shall submit all resolutions and minutes to the city council. If requested or directed by the commission or council, the city planner shall also provide a brief report to the city council on any particular action(s) taken by the planning commission.
(Ord. 302 (part), 1989; Ord. 521 § 1 (Att. A), 2022)
§ 17.85.190 Amendments.
These procedures may be amended at any regular meeting of the planning commission by a vote of a majority of the full membership.
(Ord. 302 (part), 1989; Ord. 521 § 1 (Att. A), 2022)
