Article 2-15

PLANNING COMMISSION

Sections:

2-15.010 Creation; number, appointment and removal.

There is hereby created a Planning Commission which shall consist of seven members to be appointed by the City Council. The City Council shall have the power to remove a Planning Commissioner by a vote of at least three Council members.

A Planning Commissioner shall be appointed for a term of four years, unless the appointment is to fill a vacancy created by a Commissioner who has left office prior to the expiration of his or her term, in which event, the appointment shall be for the remaining term of such Commissioner. Any reappointment of a Commissioner whose term of office has expired shall be for a further term of four years.

(Amended by Ord. No. 340, § 1(Att. A, § 3), 7-6-2016)

The Planning Commission is hereby designated as the planning agency of the City, as described in Section 65100 of the Government Code, and shall exercise the functions of a planning agency as prescribed in Section 65101 of the Government Code. The Planning Commission shall also exercise the powers and perform the duties conferred upon it by this Code and assigned to it from time to time by the City Council.

The regular meetings of the Planning Commission shall be held on the second Wednesday of each month unless such day is a holiday, in which case the meeting may be held on such business day as designated by the Planning Commission or the meeting may be cancelled. The time of such meeting shall be 7:00 P.M., subject to modification by the Planning Commission, and the place shall be at City Hall in the Saratoga City Council Chambers. Any regular meeting may be cancelled by

the Planning Commission upon announcement of such cancellation at the regular meeting preceding the meeting to be cancelled.

(Amended by Ord. No. 294, § 1.C.2., 9-5-2012; Ord. No. 360, § 1(Exh. A), 12-5-2018)

(a) Application of other Sections. The following Sections of this Chapter pertaining to meetings conducted by the City Council shall be applicable to all meetings conducted by the Planning Commission:

2-10.020 through 2-10.080

2-10.110(c), (d), (f) (g) and (h)

2-10.120 through 2-10.170

As so applied to the Planning Commission, all references therein to City Council or Council member shall be deemed to mean Planning Commission or Commissioner; all references therein to the Mayor shall be deemed to mean the Chair of the Planning Commission; and all references therein to the City Clerk shall be deemed to mean the Secretary of the Planning Commission.

(b) Rejected motions and evenly split votes. The failure of passage of any motion before the Planning Commission shall be deemed a denial of the motion; provided, however, a motion failing by reason of an evenly split vote by the Planning Commission at a meeting where six or less Commissioners are present shall be agendized and voted upon at the next regular meeting of the Planning Commission at which a quorum is present, unless, within ten days after the date on which the split vote is taken, the applicant files an appeal to the City Council, in which event, the split vote shall be deemed a final denial by the Planning Commission of the motion. If no appeal to the City Council is filed and the motion fails for any reason (including an evenly split vote) at the subsequent meeting, then the same shall at that time be deemed a final denial by the Planning Commission of the motion.

(c) Adoption of rules and procedures. In addition to the rules made applicable to the Planning Commission as specified in Paragraph (a) of this Section, the Commission shall have authority to adopt such other rules and procedures as it deems appropriate for the orderly and efficient conduct of its business which are not inconsistent with the provisions of this Code or policies otherwise adopted by the City Council.

18.3

(Saratoga Supp. No. 54, 7-24)

2-15.050

(d) Secretary of Commission. The Community Development Director shall act as Secretary of the Planning Commission.

(e) Chair. The Commission shall elect a Chair to serve a twelve month term. In the event of a vacancy in the Chair position, the Commission shall elect a Chair to serve the remainder of the term. If fewer than six months remain in the term, the Commission may, but is not required to, elect a new Chair to a term that includes the remainder of the unexpired term and the next twelve month term as Chair. The combined term may not exceed eighteen months. No person shall serve as Chair of the Planning Commission more than one term of six months or more during any term on the Commission. (Amended by Ord. 203 § 2, 2002) (Ord. No. 340, § 1(Att. A, § 3), 7-6-2016; Ord. No. 354, § 1(Exh. A), 12-20-2017; Ord. No. 383, § 1(Exh. A, § 5), 11-17-2021)

18.4

(Saratoga Supp. No. 54, 7-24)