Rancho Santa Margarita Municipal Code Ch. 2.03 Planning Commission

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State Law reference— Planning, Government Code § 65000 et seq.

A Planning Commission performing planning and zoning functions, as well as traffic and transportation related functions, on behalf of the City is hereby established.

(Ord. No. 00-19, § 1(2.40.010), 5-18-2000; Ord. No. 12-03, § 1, 5-23-2012)

State Law reference— Authority to establish planning commission, Government Code §§ 65100, 65101.

(a) Membership. The Planning Commission shall consist of five City residents who are registered voters of the City. No City officer or City employee shall be qualified for membership.

(b) Appointment process. Each City Councilmember shall propose to the City Council in the form of a nomination one City resident to serve on the Planning Commission. Unless there is a 4/5 vote taken against a nomination, each nominee shall be automatically appointed to the Planning Commission.

(c) Term of Office. Each Planning Commissioner shall serve a term of two years. Each term shall coincide with the City's regular general election date. The first Planning Commissioners appointed shall serve until the first Planning Commission meeting after the election results of the first general municipal election are certified.

(d) Removal. Planning Commissioners shall serve at the pleasure of the City Council. A Planning Commissioner may be removed at any time during a term of office by an affirmative vote of three Councilmembers.

(e) Vacancies. If a vacancy in the Commission occurs, other than by expiration of term, such vacancy shall be filled by appointment for the unexpired portion of the term. A resignation shall be in writing to the City Council, and a vacancy does not exist until the City Council accepts the resignation.

(f) Absence from meetings. Any Commission member absent from two consecutive regularly scheduled meetings, or absent from three regularly scheduled meetings of the Commission during a calendar year, may be removed from office. By an affirmative vote of three Councilmembers, the City Council may declare a vacancy on the Planning Commission and direct the City Clerk to post the notice of vacancy and begin the application process to fill the unexpired term.

(g) Stipend. Each Planning Commissioner shall receive a monthly stipend for service on the Planning Commission. The stipend shall be set by City Council resolution.

(h) Duty of loyalty. The Planning Commission's duty of loyalty shall be to the City of Rancho Santa Margarita. City residents who are appointed to the Planning Commission shall not simultaneously serve on any other community board of directors, commission, or council that is either located within the City or is doing business with the City as either an elected or appointed member. City residents who are appointed to the Planning Commission shall perform their planning and zoning responsibilities, duties, and functions independently and free from any interference, conflict, or other influence that may arise as a result of simultaneously serving on another community board of directors, commission, or council that is either located within the City or is doing business with the City. In the event such conflict arises, such member shall either immediately resign from the Planning Commission or from the community board of directors, commission, or council they serve.

(i) Current Planning Commissioners. The prohibition stated herein shall not apply to any individual who is both currently serving on the Planning Commission and who is currently serving on an existing community board of directors, commission, or council that is either located within the City or is doing business with the City as of the effective date of the ordinance amendment from which this subsection is derived.

(Ord. No. 00-19, § 1(2.40.020), 5-18-2000; Ord. No. 04-03, §§ 2, 3, 10-27-2004)

State Law reference— Planning commission membership, Government Code § 65101.

The Planning Commission shall establish, by resolution, bylaws for the purpose of establishing regular meeting dates, times, and a place for meetings of the Commission, rules for the conduct of business, and compliance with the Ralph M. Brown Act, Government Code Sections 54950 et seq. A quorum of three shall be required to transact business.

(Ord. No. 00-19, § 1(2.40.030), 5-18-2000)

State Law reference— Authority to establish procedural rules, etc. for planning commission, Government Code § 65102.

The Planning Commission shall undertake and have duties, responsibilities, and functions, together with any incidental powers thereto, including but not limited to:

(1) Studying and making recommendations to the City Council regarding the enactment or amendment of a City general plan;

(2) Developing and making recommendations to the City Council on specific plans;

(3) Advising the City Council regarding the City's proposed capital improvement program for consistency with the City's general plan;

(4) Assisting, advising, and making recommendations to the City Council regarding the development of a comprehensive City zoning ordinance;

(5) Recommending to the City Council actions to be taken on proposed projects, or taking final action on projects, as provided for under the State planning law and City ordinance, including this Code;

(6) Reviewing and/or advising the City Council on all traffic engineering and transportation related matters, including but not limited to traffic engineering rules and regulations, traffic control and related devices, speed limits, stopping, parking, or standing of vehicles, as well as vehicular and pedestrian safety;

(7) Undertaking such other duties as may be assigned to the Planning Commission by the City Council.

(Ord. No. 00-19, § 1(2.40.040), 5-18-2000; Ord. No. 12-03, § 2, 5-23-2012)

State Law reference— Planning commission duties, Government Code § 65103.