ORDINANCE NO. 2527
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
AMENDING CHAPTER 2.20, "PLANNING
COMMISSION," OF THE MERCED MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF MERCED DOES ORDAIN
AS FOLLOWS:
AMENDMENT TO CODE. Chapter 2.20 "Planning
Commission" of the Merced Municipal Code is hereby amended to read as follows:
"Chapter 2.20
PLANNING COMMISSION
Sections:
2.20.010 Authority.
2.20.015 Appointment.
2.20.020 Powers.
2.20.030 Processing Procedures - Notice of Public
Hearing.
2.20.040 Formal Action by Resolution and Vote.
2.20.050 Meetings.
2.20.010 Authority.
Pursuant to Section 708 of the Charter of the City there is hereby established a Planning Commission consisting of
seven member and under authority of Title 7 of the
Government Code of the state and more particularly
Chapter 1 thereof, otherwise designated as Conservation and Planning Law, Sections 2.20.020 and 2.20.030 are
established as the powers and duties of the Planning
Commission.
X: Ordinances|2021\City Attorney|Chapter 2.20 - Planning Commission.docx 1 2.20.015 Appointment.
A. Members are to be appointed by the City Council
from the qualified electors of the City, none of whom
shall hold any paid office or employment in the City
government.
B. Six (6) members will be appointed from each of
the six (6) districts and one (1) member will be appointed at large. Should a district appointment remain vacant for more than ninety (90) days, the City Council has the
authority and may elect to appoint an otherwise-qualified at large member to fill the district vacancy.
C. The number of members to comprise the
commission may be changed by Ordinance of the City
Council to not less than five nor more than nine
members.
D. The services of the City Engineer, City Attorney,
Chief Building Official, Director of Development
Services and other City staff shall be made available to such commission.
2.20.020 Powers.
The powers of the Planning Commission are as follows:
A. To adopt rules and regulations for the conduct of its affairs, provided such rules and regulations are not
contrary to the provisions of the City Charter, or to the provisions of applicable state law and, provide further, if there be provisions of state law and the City Charter
which are in conflict, that the provisions of the City
Charter shall prevail;
B. To perform such functions and with respect to such
subjects as are prescribed as are prescribed by the City Charter and by state law;
X:1Ordinances|2021\City Attorney|Chapter 2.20 - Planning Commission.docx 2 '.
C. To initiate studies, to prepare plans and
recommendations with respect thereto, on subjects
properly related to a comprehensive planning program
whether such subiects are enumerated in the Charter and state law or not;
D. To serve in an advisory capacity on planning
matters to the City Council, to other governmental
agencies and officials, and to the public;
E. To serve as the board of zoning adjustment per
Chapter 2.24, the historic preservation commission
pursuant to Chapter 17.54, and the design review
commission per Chapter 20.86.
2.20.030 Processing procedures -Notice of Public
Hearing.
Procedures for processing matters through and by the
Planning Commission shall conform to provisions of the
City Charter, provided that where such Charter
prescribed no procedure the council may, by ordinance,
prescribe procedures, and where neither such Charter
provisions nor ordinance provisions exist, the provisions of applicable state law with respect thereto shall govern; provided, that on all matters requiring full public
hearings pertaining to adoption or amendment of master
plans or precise plans, including enactment or
amendment of a zoning ordinance changing the
boundaries of a district, the Planning Commission shall hold at least one (1) public hearing. Notice of the time and place of such public hearing shall be given by
publication in a newspaper of general circulation in the city not less than ten (10) days prior to the date of such hearing.
X: \Ordinances|2021\City Attorney|Chapter 2.20 - Planning Commission.docx 3 2.20.040 Formal Action by Resolution and Vote.
Formal action by the Planning Commission shall be by
resolution of the commission carried by the affirmative vote of not less than a majority of the members of the
planning commission.
2.20.050 Meetings.
The time, day and place for the holding of regular
meetings of the Planning Commission shall be as set
from time to time by resolution of the City Council."
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 3. SEVERABILITY. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. PUBLICATION. The City Clerk is directed to cause a summary of this Ordinance to be published in the official newspaper at least once within fifteen (15) days after its adoption showing the vote thereon. 111
111
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X: Ordinances|2021\City Attorney|Chapter 2.20 - Planning Commission.docx 4 The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Merced on the 2nd day of August , 2021, and was passed and adopted at a regular meeting of said City Council held on the 16th day of liste , 2021, by the following called vote:
AYES: 7 Council Members: BLAKE, BOYLE, ECHEVARRIA, ORNELAS,
PEREZ, SERRATTO, SHELTON
NOES: 0 Council Members: NONE
ABSTAIN: 0 Council Members: NONE
ABSENT: O Council Members: NONE
APPROVED:
Mat Sautt
Mayor
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY: 4ph
Assistadt/Deputy City Clerk 10.
CITY 1889
(SEAL)
HEORPORATED APRIL Y
APPROVED AS TO FORM:
ada a non
5-10-21
City Attorney Date
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