San Clemente Municipal Code Ch. 2.32 Planning Commission

There is established a Planning Commission which shall consist of seven (7) members appointed by the City Council. The Planning Commission shall operate in accordance with the planning and zoning laws of the State of California and the laws and ordinances of the City.

(Ord. 1156 § 2, 1995: prior code § 2A-1.1; Ord. No. 1684, § 1(Exh. A), 2-4-2020; Ord. No. 1713, §§ 1—3, 5-4-2021)

The Planning Commission's functions and duties are to:

A. Hold regularly scheduled meetings and public hearings to review and act on applications required by Chapter 17.16, applications, of the Zoning Ordinance, such as permits, variances, site plans, sign exceptions, architectural design, signs and other approvals. The Commission can approve, approve with conditions, or deny applications, subject to appeal procedures;

B. Make recommendations to the City Council on items such as tentative subdivision maps, tentative parcel maps, General Plan amendments, specific plan amendments, and zoning amendments;

C. Serve as the Transportation Parking Committee;

D. Serve as the Cultural Heritage Board in which the Commission's duties are to:

1. Compile and maintain a current list of all of such sites, buildings or structures which it has determined to be historical or cultural sites or monuments. Such list shall contain a brief description of the site, building, structure or object in its natural setting, and the reasons for its inclusion in the list;

2. Publish and transmit said list to all interested parties and to disseminate public information concerning the list, or any site, building, structure or object in its natural setting contained therein;

3. Take all steps necessary to preserve such historically significant properties which are not in conflict with the health, safety, and general welfare of the public, or the powers and duties of the City, or its several boards, officers or departments;

4. Make any recommendations to the City Council in connection with the exercise of its duties which it determines are necessary to implement or carry out the spirit and intent of this subsection;

5. Designate landmarks and historical districts subject to the approval of the City Council.

E. Serve as the Design Review Subcommittee. The Planning Commission appoints four (4) Commissioners to the Design Review Subcommittee; three (3) serve as active members and one (1) is an alternate member. The Subcommittee advises applicants on how projects can best comply with the City's Design Guidelines and/or City Policies. The Subcommittee makes recommendations to review authorities (e.g., City Council, Planning Commission, Zoning Administrator) regarding a project's compliance with City Design Guidelines and consistency with goals to preserve cultural resources. The Design Review Subcommittee focuses on site and project design rather than on land use issues, which are the purview of the review authority;

F. Perform other functions the City Council deems appropriate.

(Ord. 1156 § 4, 1995: prior code § 2A-1.7)

(Ord. 1595 § 2(Exh. A, § 1), 5-5-2015; Ord. No. 1684, § 1(Exh. A), 2-4-2020; Ord. No. 1713, §§ 1—3, 5-4-2021)

The terms of office of members of the Planning Commission shall be for two (2) years from July 1st to June 30th of the second following year, and with such terms staggered so that three (3) commissioners are appointed in odd-numbered years and four (4) commissioners are appointed in even-numbered years. The City Council shall endeavor to ensure that at least two members of the Planning Commission have backgrounds in architecture, landscape architecture, or planning. It is also herein declared to be advantageous to have one (1) member of the Planning Commission possess a background in cultural heritage or similar field. Not less than sixty (60) days prior to the expiration of the terms of any member of the Planning Commission, the City Clerk shall notify the City Council of the forthcoming vacancies, and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Planning Commissioners until successors are appointed by the City Council and such successors assume office. Annually, at the first meeting after new appointments have been made, the Planning Commission shall select a chair and vice-chair from among its members.

(Ord. 1156 § 3, 1995: prior code § 2A-1.2; Ord. No. 1684, § 1(Exh. A), 2-4-2020; Ord. No. 1697, § 1, 5-19-2020; Ord. No. 1713, §§ 1—3, 5-4-2021)

The Planning Commission shall hold meetings at least once a month in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time, and organization of Planning Commission meetings shall be established by resolution of the Planning Commission. Any member of the Planning Commission who is absent from three (3) consecutive regular meetings of the Planning Commission, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Planning Commission to be absent from three (3) consecutive meetings for good cause, shall, as a result, surrender his or her office on the Planning Commission and the office shall be considered vacant.

(Prior code § 2A-1.3; Ord. No. 1684, § 1(Exh. A), 2-4-2020; Ord. No. 1713, §§ 1—3, 5-4-2021)

Any vacancy occurring in the office of a member of the Planning Commission shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Planning Commission shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.

(Prior code § 2A-1.4; Ord. No. 1684, § 1(Exh. A), 2-4-2020; Ord. No. 1713, §§ 1—3, 5-4-2021)

The members of the Planning Commission shall each have one (1) vote on any matter pending before the Commission.

(Prior code § 2A-1.5; Ord. No. 1684, § 1(Exh. A), 2-4-2020; Ord. No. 1713, §§ 1—3, 5-4-2021)

The Planning Commission shall be subject to the rules and regulations of the planning and zoning law of the State of California, the rules and regulations regarding the conduct of meetings under state law, and to the provisions of this Code and any other ordinance of the City.

(Prior code § 2A-1.6; Ord. No. 1684, § 1(Exh. A), 2-4-2020; Ord. No. 1713, §§ 1—3, 5-4-2021)