Ordinance 1787
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• ORDINANCE NO. 1787
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO AMENDING CHAPTER 2.32
OF THE CUPERT[NO MUNICIPAL CODE TO ENA$LE
THE CREATION OF A PLANNING COMMISSION
SUBCOMMITTEE FOR DESIGN REVIEW
THE CITY COUNCIL OF 'fl-IE CITY OF CUPERTINO HERESY
ORDAINS AS FOLLOWS:
1. Amendment to the City_Ordinance Code
Chapter 2.32 is hereby amended to read as follows:
Chapter 2.32
PLANNING COMMISSION*
*For statutory provisions regarding the establishment of a city planning commission, see
. Gov. Code § 65100 et seq. -See Title 17, Zoning.
232.010 Established.
The City Planning Commission is established. The City Planning Commission shall
consist of five members, none of whom shall be officials or employees of the City and
none of whom shall cohabit with as defined by law, nor be related by blood or marriage
to any other member of the Commission, the City Manager or the staff person(s) assigned
to this Commission. The five members shall be appointed by the City Council. Each
member shall be a qualified elector in and resident of the City. Each member shall receive
compensation as established by resolution cif the City Council. (Ord. 1459 (part), 1988:
Ord. 5 (c) § 1.2, 1965; Ord. 5 (b) § 1, 1960: Ord. 5 § 1, 1955)
2.32.020 Term of office of members.
A. Commissioners serve at the pleasure of the City Council. The term of office of the
members of the Planning Commission shall be four years and shall end on January 15th
of the year their term is due to expire. No commissioner shall serve more than two
consecutive terms esccpt that a commissioner may serve more than two consecutive
terms if he or she has been appointed to the Commission to fill an unexpired term of less
than two years.
. B. The appointment, reappointment and rules governing incumbent members of the
Commission are governed by Resolution No. 7571 of the Cupertino City Council. (Ord.
1697 (part), 1995; Ord. 1459 (part), 1488: Ord. 1321 § 1 (part), 1985; Ord. 1166 (part),
1982; Ord. 5 § 2, 1955)
2.32.030 Vacancy or removal.
Any appointed member may be removed by a majority vote of the City Council. If a
vacancy occurs other than by expiration of a term, it shall be filled by the Mayor's
appointment for the unexpired portion of the term. (Ord. 5 § 3, 1955}
2.32.040 Chairperson.
The commission shall elect its Chairperson and Vice-Chairperson from among its
members. The terms of the Chairperson and Vice-Chairperson shall be for one year and
shall begin on January 15th one year and be complete on January 15th the following year,
unless the term of the officer as a member of the Commission sooner expires, and until
the successor to each is duly appointed. (Ord. 1697 (part), 1995: Ord. 1321 § 2 (part),
1985; Ord. 167 (part}, 1982; Ord. 5 § 4, 1955)
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2.32.050 Meetings.
The City Planning Commission shall meet at 6:45 p.m., the second and fourth Monday
of each month. Meetings shall be held at City Hall, 10300 Torre Avenue, Cupertino,
California. Commission may adjourn any regular meeting to a date certain, which shall
be specified in the order of adjournment. When so adjourned, such adjourned meeting
shall be a regular meeting for all purposes.
Special meetings of the Commission may be called at any time by the chairperson or by
any three or more members of the Commission upon written notice being given to all
members of the Commission and received by them at least twenty-four hours prior to the
meeting, unless notice requirement is waived in writing by the member. (Ord. 1549,
1991; Ord. 1213, 1983: Ord. 5 § 5, 1955)
2.32.060 Amendments-Records required,
A.The affirmative vote of not less than a majority of its total voting members is required
to approve a recommendation to amend the zoning ordinance; the affirmative vote of a
majority present with a quorum present is required to take any other action.
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B.The Commission shall keep an accurate record of its proceedings and transactions, and
shall render such reports to the Council as may be required by ordinance or resolution,
and shall submit an annual report to the Mayor. To accomplish this the Commission shall
be furnished with a secretary employed by the City to keep accurate records of the
Commission. Al! records so prepared by the secretary shall be filed with the City Clerk.
(Ord. 1697 (part), 1995; Ord. 5 (d) § 1, 1966; Ord. 5 § 6, 1955)
2.32.07Q Powers and functions.
The potivers and functions of the City Planning Commission shall be as follows:
A. Prepare, periodically review, and revise as necessary, the general plan;
8. Implement the general plan through actions including, but not limited to, the
administration of specific plans and zoning, subdivisions, and sign ordinances;
C.Annually review the capital improvement program of the City and the local public
works projects of other local agencies for their consistency with the General Plan
(pursuant to Article 7 of the California Government Code);
. D. Endeavor to promote public interest in, comment upon, and understanding of the
General Plan, and regulation relating to it;
E. Consult and advise with public officiate and agencies, public utility companies, civic,
educational, professional, and other organizations and citizens generally concerning
implementation of the general plan;
F. Promote the coordination of local plans and programs with the plans and programs of
other agencies;
G. Perform other functions as the City Council provides including conducting studies and
preparing plans other than those required or authorized by state law. (Ord, 1697 (part),
1995: Ord. 5 § 7, 1955}
H. Establish as needed, a standing subcommittee of the Commission for the purposes of
conducting design review on projects that properly come before the Commission for
review, making recommendations to the Commission on matters pertaining to the design
of a project, and reviewing and approving design items that may be referred by the
Planning Commission to the subcommittee far review and approval.
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• 2.32.090 Procedural rules.
The Planning Commission may adopt from time to time such rules of procedure as it may
deem necessary to properly exercise its powers and duties. Such rules shall be subject to
approval by the Council before becoming effective. All such rules shall be kept on file
with the chairperson of the Planning Commission and the Mayor and a copy thereof shall
be furnished to any person upon request. (Ord. 1697 (part), 1995: Ord. 5 § 9, 1955)
Section 2 Effective Date
"this ordinance shall take effect thirty (30) days alter final adoption.
Section 3 Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a
newspaper of general circulation published and circulated in the City within I S days after
its adoption, in accordance with Government Code Section 36933, shall certify to the
adoption of this ordinance and shall cause this ordinance and her certification, together
with proof of publication, to be entered in the Book of Ordinances of the Council of this
City.
IN"PRODUCED at a regular meeting of the City Council of the City of Cupertino
on the 15'" day of June, 1998, and IiNAC"fED at a regular meeting of the City Council of
. the City of Cupertino on the 6'h day of July, 1998, by the following vote:
Vote Members of the City Council
AYES: Burnett, Ucan, James. Station, Chang
NOL'S: None
r1BSENT: None
ABSTAIN: None
ATTEST:
City Clerk
PPROVED:
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Mayor, City of Cupertino
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
1, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City Council of the City
of Cupertino, California, do hereby certify the attached to be a full, true, and corccct copy of
Ordinance No. (7~,7 enacted on ~tc.~ to /9f~
M WITNESS WFIEREOF, 1 liavc hereunto set my hand and scat this ~ day of
KIMBERLY SM FI, City Clerk and
• ex-officio Clerk of the City Council of
the City of Cupertino, California