Chapter 2.18 — PLANNING COMMISSION

There is created a Planning Commission for the Town. It shall consist of five members. Each Councilmember may nominate one Town resident for membership on the Commission and such Councilmember or his or her successor shall have the right to renominate a resident for that seat on the Commission whenever such seat becomes vacant for any reason or the term of the appointee has expired. The Town Council shall approve each nominee by a majority vote of the entire Town Council prior to his or her appointment being effective. Commencing July 1, 1990 the term of each member of the Commission shall be coterminous with the term of office of the nominating Council person. All terms shall be for four years and shall expire four years after the effective date of the appointment (except for those Commissioners appointed by Councilmembers whose term of office will expire more than four years from their election and date of assuming office; in this instance, the Commissioner's term of office will be extended accordingly), or earlier upon the termination of the term of office of the nominating Council person, except those appointments made after the commencement of the term to fill a vacancy or removal, in which case the term of office shall be for the balance of the unexpired term. The term of any member of the Commission will be automatically extended pending the selection and qualification of his or her successor. Except as modified by the provisions in this Chapter, the provisions of Section 2.04.060 and of Chapter 2.06 of this Code shall apply.

(Ord. 3, 1988; Ord. 49, 1990; Ord. 107, 1992)

The Planning Commission for the Town, as created and described in Section 2.18.010 of this Code shall perform all functions and take all actions designated in the Development Code of the County of San Bernardino, which has been adopted by the Town, for the Planning Commission and for the Planning Commission Sub-committee. In addition, any project subject to discretionary decisions to be made by the Planning Officer or other officers or offices in the Development Code in which the deciding officer or office determines:

(1)

That opposition of any member of the Development Review Committee to the proposal or any portion thereof exists, or

(2)

That a specific written request has been received requesting a public hearing review of the project in instances where any person receives notification of a pending matter by provisions of the Development Code and makes that request, or

(3)

When in the opinion of the Planning Officer or other officer or office responsible for the decision, there has been substantial objection to a proposed project from members of the public, or

(4)

Where the Planning Officer or other deciding officer or office cannot make a determination that the proposal will likely be consistent with and not detrimental to the proposed general plan or any applicable existing general plan or land uses in the surrounding area, the project shall be referred to the Planning Commission for its action.

Further, the Planning Commission shall review and the Town Council shall act upon all requests for planned residential developments and all other matters required by Town ordinance or other law to be considered and acted upon, subject to all other applicable provisions of the Town's ordinances. All actions of the Planning Commission are subject to appeal to the Town Council in the manner set forth in the Development Code, and if not otherwise set forth, then by delivery by the applicant or any other person affected by the decision of a written notice of appeal to the Town Clerk within ten days after the decision of the Planning Commission or after the giving of notice of same where notice is required. Also within a period of ten days after the decision of the Planning Commission, any member of the Town Council may submit a written request with the Town Clerk that the matter acted upon by the Planning Commission be scheduled for a hearing before the Town Council. The decision of the Planning Commission shall be final after the time for appeal or for a request for hearing by a Councilmember has passed and if no appeal or request has been filed. Upon receipt of a timely appeal, or of a timely request for hearing by a Councilmember, the Town Clerk shall schedule the matter for a hearing or public hearing before the Town Council, in which case the decision by the Town Council after considering or hearing the matter shall then be final.

The fee for appealing a decision of the Planning Commission to the Town Council may be waived by the Town Manager or his or her designee if the appealing party executes a form prepared by the Town Manager, declaring under penalty of perjury (1) that he or she is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payment (SSP) programs (Welfare and Institutions Code §§ 12200—12205.2), the Aid to Families With Dependent Children (AFDC) program (42 United States Code 601—644), the Food Stamp program (7 United States Code 2011—2027) or Welfare and Institutions Code § 17000, or (2) that his or her monthly income is 125% or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to Omnibus Budget Reconciliation Act of 1981, as amended, and submits as financial statement setting forth each item which makes up his or her monthly income in support of the averments as part of the declaration.

(Ord. 5, 1989; Ord. 28, 1989; Ord. 52, 1990)

The members of the Planning Commission shall each receive compensation payable out of the general fund of the Town, provided adequate funds have been budgeted therefor, in the sum of $100.00 per meeting, but not to exceed a total sum of $300.00 per month. The compensation prescribed herein shall be exclusive of any amounts payable to each member of the Commission as a reimbursement for actual and necessary expenses authorized by the Town Council and incurred in the performance of official duties for the Town.

(Ord. 5, 1989; Ord. 11, 1989; Ord. 217, 3-14-00)

The Planning Commission shall annually at its first meeting held after February 1, choose one of its number as Chairperson and one as Vice-Chairperson. Vacancy in either such position occurring prior to February 1 may be filled as in the first instance, and a new Chairperson or Vice-Chairperson may be chosen at any time by majority vote of all members of the Board or Commission. The Commission shall be authorized to appoint and fix the membership of such number of standing and temporary committees as it may find expedient for the performance of its duties. The Town Manager may appoint an executive secretary and other staff and provide such compensation for their services as may be authorized by the Town Council and by the annual Town budget of expenditures.

(Ord. 120, 08-10-93)

The Commission shall hold at least one regular meeting each month at such time, date, and place designated by the Commission. Special meetings may be called by the Chair or a majority of the Commission, provided notice has been given to all members at least 24 hours prior to the meeting. A majority of Commissioners shall constitute a quorum.

The functions, powers and duties of the Planning Commission shall be all those functions, powers and duties of a Planning Commission and Board of Zoning Adjustment as provided in Government Code title 7,

chapters 3 and 4, commencing with § 65100 (the Planning and Zoning Law), as the same may be hereafter amended. The Planning Commission shall perform such other duties and functions as may be designated by the Town Council.

The Planning Commission shall adopt rules for the transaction of business, shall keep a public record of its resolutions, transactions, findings, and determinations, and shall hold at least one regular meeting each month. Minutes of the Planning Commission meetings shall be filed with the Town Clerk.

(Ord. 3, 11-28-88)