The Santa Clara Planning Commission shall consist of seven (7) members each to be appointed by the mayor with the advice and consent of the City Council. It is not the intent of this chapter that all the members come from the same field of expertise but shall reflect a variety of backgrounds. The members shall reside in Santa Clara City. (Ord. 2007-16 § 1: Ord. 2004-21 § 1: Ord. 2000-08 § 1: Ord. 99-29 § 1: Ord. 98-26 § 2: Ord. 97-06 § 2-1: Ord. 2022-06)

The terms of office for the Planning Commission shall be for five (5) years and members shall not serve more than two (2) consecutive five (5) year terms. The terms of the members shall be staggered so that no more than two (2) terms shall expire at the same time. (Ord. 2009-13 § 1: Ord. 2022-06)

Any member of the Planning Commission may be removed from office by the Mayor for any reason with the advice and consent of City Council. The City Council shall also have the right to remove any member of the Planning Commission for a failure to attend at least seventy-five percent (75%) of the Planning Commission’s scheduled meetings during any twelve (12) month period. Vacancies of appointed members for purposes other than the expiration of a regular term shall be filled for the remainder of the unexpired term by appointment of the mayor with the consent of the City Council. (Ord. 2007-16 § 1: Ord. 97-06 § 2-3: Ord. 2022-06)

The members of the Planning Commission shall serve with compensation in an amount set by the City Council for meetings attended. Additionally, the City Council will allow for reimbursement of the members for actual expenses incurred, upon presentation of proper receipts and vouchers. (Ord. 2007-16 § 1: Ord. 97-06 § 2-4: Ord. 2022-06)

The Planning Commission shall elect a chair and vice-chair from among its members yearly. The election of the chair and vice-chair will occur during the first regularly scheduled Planning Commission meeting each year. (Ord. 2007-16 § 1: Ord. 2004-21 § 1: Ord. 2000-08 § 1: Ord. 99-29 § 1: Ord. 97-06 § 2-5: Ord. 2022-06)

The Planning Commission may adopt such rules and procedures as it may deem necessary for the proper conduct of its business. A record shall be kept of its proceedings, such record shall be open to inspection by the public during regular office hours. (Ord. 2007-16 § 1: Ord. 97-06 § 2-6: Ord. 2022-06)

A quorum shall consist of four (4) members of the Planning Commission, including the chair or vice-chair. If the chair or vice-chair is not present, a temporary chair shall serve. No evidence shall be presented unless a quorum is present. The concurring vote of a majority of those present shall be required to carry and pass any motion. All members of the Planning Commission shall vote on all matters before the Planning Commission. (Ord. 2007-16 § 1: Ord. 2004-21 § 1: Ord. 2000-08 § 1: Ord. 99-29 § 1: Ord. 97-06 § 2-7: Ord. 2022-06)

The Planning Commission may, upon approval of the City Council, employ staff, including consultants, and a secretary, and shall pay such expenses, as may be reasonable and necessary for the carrying out the duties defined in this title, that such expenditures may not exceed the amount appropriated for the operation of the Commission by the City Council. (Ord. 2007-16 § 1: Ord. 97-06 § 2-8: Ord. 2022-06)

   A.   The Planning Commission shall act as the land use authority on the following land use applications and issues, except where an approval of the Santa Clara City Council is required by ordinance or state law:

      1.   Conditional Use Permits and such conditions as may be imposed on their approval under applicable law, except those specifically delegated to planning staff for approval.

      2.   Variances of any kind, except those specifically delegated to planning staff approval.

      3.   Interpretation of zoning maps and consideration of disputed questions of lot lines, district boundary lines, and similar questions as they arise in the administration of the land use ordinances, unless the same requires an action that requires final approval of the City Council.

      4.   Issues or applications otherwise delegated to the planning staff, when the planning staff determines that a public hearing should be held to ensure that citizens can comment on the application.

      5.   Issues delegated to the Planning Commission by the City Council which do not otherwise require final approval of the City Council.

   B.   The Planning Commission shall act as a reviewing and recommending body to the Santa Clara City Council on the following land use applications and issues:

      1.   General Plan adoption or General Plan Amendments.

      2.   Adoption of land use regulations or amendments thereto (except for temporary land use regulations).

      3.   Zoning Map Amendments, i.e., amending the zoning designation of a parcel or parcels under applicable land use regulations, including adopting a project plan for a parcel or parcels previously designated for planned development.

      4.   Subdivision Ordinance Amendments.

      5.   Subdivision reviews for new subdivisions, phases of subdivisions, preliminary and final plat approval, and amendments to existing subdivisions.

      6.   Determination regarding the existence, expansion, or modification of nonconforming uses.

      7.   Any other land use applications or issues which the Santa Clara City Council delegates to the Planning Commission for review, preparation, recommendation, or to receive public input at a public hearing, before a final decision is made by the City Council.

   C.   The Planning Commission is further empowered to hold all public hearings which may be required for any land use application under applicable local or state law, where such hearing is not required to be held by the City Council.

   D.   Except with respect to the land use applications and issues listed in subsection A of this section, the Planning Commission is a recommending body to the City Council. Final approval of all land use applications and issues except as listed in subsection A or otherwise delegated by ordinance to the planning staff is a City Council responsibility, and City Council approval is required before any such action becomes of record. (Ord. 2007-16 § 1: Ord. 2004-21 § 1: Ord. 97-06 § 2-9: Ord. 2022-06)

The Planning Commission or its authorized agents may enter upon any land at reasonable times to make examinations and surveys which are reasonably required to fulfil its duties hereunder. (Ord. 2007-16 § 1: Ord. 97-06 § 2-10: Ord. 2022-06)