King City Municipal Code Ch. 2.12 Planning Commission

A city planning commission in and for the city is established and created under and by authority of The Planning Act, Act 5211b “Deering’s General Laws of the State of California.”

(Ord. 205 § 1, 1946)

The city planning commission shall consist of five members, none of whom shall be an employee of the city, or be a member of any other board or commission of the city. The members of the commission shall be appointed by the city council. At the first meeting of each calendar year, the committee shall elect a chairperson and a vice chairperson within its membership, who shall serve until the first meeting of the following year. A chairperson and vice chairperson may be elected for successive terms, without restriction as to number.

(Ord. 205 § 2, 1946; Ord. 445 § 1, 1982; Ord. 598 § 1, 1998; Ord. 714 § 1, 2015)

The terms of the members of the commission first appointed and the terms of their successors shall be as provided by The Planning Act.

(Ord. 205 § 3, 1946)

(a) The commission and all the members thereof shall have the powers and duties provided for by The Planning Act, Chapter 665, Statutes of 1937, Act 5211b “Deering’s General Laws of the State of California,” and amendments thereto or by other statutes of the state.

(b) The commission shall have the duties and responsibilities provided for by Government Code Sections 65103, 65353, 65400, 65401, 65402, 65854 and 66452.1, including:

(1) Assist in writing the general plan and community or specific plan and hold public hearings on such plans;

(2) Hold hearings upon proposed amendments to the general and specific plan;

(3) Investigate and make recommendations to the city council regarding reasonable and practical means for implementing the general plan or elements of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation, and conservation of open space and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan;

(4) Provide an annual report to the city council on the status of the general plan and progress in its implementation, including the progress in meeting the city’s share of regional housing needs determined pursuant to Government Code Section 65584, and the local efforts to remove governmental constraints on housing pursuant to Government Code Section 65583(c)(3);

(5) Hold hearings upon proposed changes to the zoning ordinance and zoning maps;

(6) Hold hearings and act on tentative subdivision maps;

(7) Annually review the city’s capital improvement program and the public works projects of other local agencies for consistency with the general plan;

(8) Promote public interest in the general plan;

(9) Consult with and advise public officials and agencies, utilities, organizations and citizens regarding implementation of the general plan;

(10) Coordinate local plans and programs with those of other public agencies;

(11) Report to the city council on the conformity of proposed public land acquisition or disposal with the adopted general plan; and

(12) Undertake special planning studies as needed.

(c) The commission shall serve as the reviewing agency on the following matters:

(1) Determining method of compliance with park land dedication requirements;

(2) Review of preliminary maps;

(3) Action on tentative maps;

(4) Action on variances;

(5) Action on conditional use permits;

(6) Extension of tentative maps and tentative parcel maps;

(7) Review of objections to final map or parcel map by public utilities or public entities with easements which may be adversely affected by such maps;

(8) Modification of approval of final map or parcel map;

(9) Action on deviations requested to design standards.

(d) Where an act delegated to the commission is part of or incident to a project approval which requires or is contingent upon one or more legislative acts reserved by law to the city council, the planning director shall determine whether the approval process shall be consolidated in a single proceeding before the council or proceed separately before the council and commission with the commission action being contingent upon the council’s exercise of its legislative authority. Factors to be considered in deciding whether to so consolidate a decision before the council include, but are not limited to, the efficiency both to the applicant and to the city, time and schedule constraints, and the special expertise of the planning commission. The planning director’s determination whether to consolidate the approval process pursuant to this subsection shall be made at the time a project application is found complete and notice of such decision shall be included in the letter of completeness.

(Ord. 652 § 1, 2004)

(a) The city council is the appeal board with respect to any actions taken by the commission as specified in Section 2.12.040 of this code.

(b) Appeal from any action of the planning commission must be made in writing by an aggrieved party within fifteen calendar days from the date of receipt of notice of action of the planning commission. The date of receipt of notice shall be the day of actual service of notice on the applicant or its designated representative or, if by mail, shall be deemed to be three calendar days after the postmarked date on the envelope.

(c) If no appeal is filed pursuant to subsection (b) of this section, the council may upon the written request of one council member call up the commission action for review by the council. Such request shall be made no later than twenty calendar days after the date of the commission action sought to be called up for review.

(d) The city council shall hear any appeal pursuant to subsection (b) of this section or call-up pursuant to subsection (c) of this section, within twenty calendar days after receipt/filing of an appeal or request or, if there is no scheduled regular meeting within twenty days, then at its next regular meeting after filing thereof. If the city council fails to act within seven calendar days following the hearing, the action of the planning commission shall be deemed final, unless this time period is extended by mutual consent of the appellant and the city council.

(Ord. 652 § 1, 2004)