Portola Municipal Code Ch. 2.36 Planning Commission

Footnotes:

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Editor's note— Ord. No. 351, § 1, adopted Sept. 12, 2018, amended Ch. 2.36 in its entirety to read as herein set out. Former Ch. 2.36, §§ 2.36.010—2.36.210, pertained to similar subject matter, and derived from: Ord. 268 (part) 1997; Ord. 272 (part), 1997; and Ord. 286, § 2, 2001.

There is created and established in the city a planning commission with membership, powers and duties as provided in this chapter and by state law.

(Ord. No. 351, § 1, 9-12-2018)

The planning commission shall consist of three to five members who shall be appointed by the mayor, with consent of the city council. Members of the planning commission shall be registered voters and residents of the city.

(Ord. No. 351, § 1, 9-12-2018)

A majority of the seated planning commission members shall constitute a quorum for the conduct of business. The planning commission shall act only by motion or resolution. All motions and resolutions must be approved by a majority of the planning commissioners present at the meeting.

(Ord. No. 351, § 1, 9-12-2018)

Compensation, if any, to be provided to planning commission members for their performance of the duties described in this chapter shall be in such amount as may be set by resolution of the city council.

(Ord. No. 351, § 1, 9-12-2018)

Members of the planning commission shall be appointed for terms of two years, and their successors shall likewise be appointed for terms of two years. In order to avoid having all five terms expire at the same time, the council shall initially appoint three members to serve for one year and two members to serve for the full term of two years. If a vacancy shall occur other than by expiration of a member's term, whether by resignation removal by the city council or otherwise, it shall be filled by appointment for the unexpired portion of that term. The terms of members of the commission shall expire on July 15th of the year in which such term expires.

(Ord. No. 351, § 1, 9-12-2018)

Any member of the planning commission may be removed at any time by a vote of four-fifths vote of the city council.

(Ord. No. 351, § 1, 9-12-2018)

The planning commission shall have power and duty, except as otherwise provided by law, to:

A. Approve, conditionally approve or deny permits and other entitlements for use regarding the regulation of the growth, development and beautification of the city with respect to private buildings and works, as provided in the zoning ordinance of the city;

B. Review and make recommendations and findings to the city council and other appropriate governmental agencies with respect to the city's general plan, and consistency of projects therewith;

C. Make recommendations to the city council of changes and modifications in the city's zoning and other ordinances dealing with the regulation of private works of improvement;

D. Make recommendations to the city council of approval, conditional approval, or disapproval of tentative maps or parcel maps in accordance with the provisions of the city's subdivision ordinance;

E. Serve as the advisory agency of the city in accordance with the provisions of California law relating to planning commissions;

F. To perform such duties as may be authorized by such laws as are not in conflict with the provisions of this code, to include, but not limited to the following:

1. Act on applications for subdivisions including parcel map, merger and reversion to acreage issues;

2. Action on applications for special use permits, variances, revocation of permits and related issues.

G. To perform such other duties as the council may require pertaining to planning; and

H. Adopt such bylaws as the planning commission shall deem necessary to provide for the organization of the commission and its methods of administration, including but not limited to procedures for the conduct of meetings and hearings, not inconsistent with this code or state law.

(Ord. No. 351, § 1, 9-12-2018)

The city clerk, or his or her designee, shall serve as secretary to the planning commission and shall be the custodian of commission records, conduct official correspondence, and coordinate the clerical and technical work of the planning commission in administering this chapter.

(Ord. No. 351, § 1, 9-12-2018)

The planning commission shall select, from among its members, a chairperson and a vice-chairperson whose terms of office shall be for one year. The chairperson shall preside at each such meeting of the planning commission and the vice-chairperson shall preside over such meetings in the absence of the chairperson.

(Ord. No. 351, § 1, 9-12-2018)

Regular meetings of the planning commission shall be held upon notice as required by law at such time and place as is determined by resolution of the planning commission.

(Ord. No. 351, § 1, 9-12-2018)

The planning commission shall hold special meetings upon notice as required by law, given by the chairman of the planning commission or by the calling of the special meeting by two members of the planning commission.

(Ord. No. 351, § 1, 9-12-2018)

A. The minutes of the planning commission and of their proceedings shall be kept by the secretary of the planning commission and shall be neatly typewritten in a book kept for that purpose, with a record of each particular type of business transacted, set off in paragraphs and with proper subheads; provided, that the secretary of the planning commission shall be required to make a record only of such business as was actually passed upon by vote of the planning commission, and shall not be required to record any remarks of members of the planning commission, or any other person, except at the special request of a member of the planning commission. A record shall be made of the names of the persons addressing the planning commission and the title of the subject matter to which their remarks related, provided request is made for such record.

B. A record shall be made and duly preserved of all hearings when a matter is contested and a request therefore is made in writing prior to the date of any such hearing, accompanied by a deposit sufficient to cover the cost of making such record. A copy of the record of any such hearing shall be made available at cost to any person requesting the same.

(Ord. No. 351, § 1, 9-12-2018)

All hearings held pursuant to the provisions of this chapter shall be conducted in accordance with the following procedure:

A. Public hearings shall be mandatory for:

1. Amendment of zoning ordinance - zone change;

2. Variance to zoning ordinance;

3. Use permit;

4. Amendment of zoning ordinance - general provisions;

5. Amendments to general plan elements.

B. Public hearings may be held for other matters as determined by the planning commission or by direction of the city council:

1. Submission of staff report;

2. Testimony:

a. By applicant and/or proponents,

b. By opponents,

c. Rebuttal as appropriate.

3. Appropriate discussion of recommended conditions;

4. Commission action:

a. Close hearing:

i. Approve application by motion,

ii. Deny,

iii. Take under submission.

b. Continue hearing.

(Ord. No. 351, § 1, 9-12-2018)

A. Whenever there are fewer than three planning commissioners seated, the city manager, or his or her designee, shall have the authority and power to exercise all of the powers and authorities of the planning commission as set forth in this Chapter 2.36 and in all other titles and sections of the Portola Municipal Code, including without limitation, Title 17, Zoning.

B. In the event that the city manager has a conflict of interest that prohibits him or her from acting on a matter that comes before him or her pursuant to the this section, he or she shall notify the city council of such conflict of interest and the city council shall engage and/or appoint a person who is not an employee of the city or an entity to exercise all of the duties and powers of the planning commission with respect to that matter.

C. Whenever a matter is to be acted upon by the city manager or a person or entity appointed by the city council pursuant to this section, the city manager, person or entity shall retain the power and authority to complete its action with respect to such matter regardless of whether an appointment or appointments have been made which result in three or more planning commissioners being seated.

(Ord. No. 351, § 1, 9-12-2018)