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Ordinance 005ORDINANCE N0. 005 AN ORDINANCE OF THE CITY OF CUPERTINO, STATE OF CALIFORNIA, CREAT- ING A CITY PLANNING COMMISSION, PROVIDING FOR THE APPOINTMENT OF MEMBERS THEREOF AND DEFINING THE FOWERS AND DUTIES OF SAID COMMISSION. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CUPERTINO: Section 1. CITY PLANNING COMMISSION ESTABLISHED The City Planning Commission of the City of Cupertino is hereby established. The City Planning Commission shall consist of five (5) members none of whom shall be officials or employees of the City of Cupertino and the said five (5) members shall be appointed by the Mayor with the approval of the City Council. Each member shall be a qualified elector of or a property owner in the City of Cupertino. Each member shall serve without ccmpensation, Section 2. TERM OF OFFICE OF MEMF'~ERS The members shall be appointed for terms consistent with the provisions of the Conservation. and Planning Law of the State of California with respect theretc. The terms of office of the members of said Commission shall k~e four (~) years provided that the term of office of member: first appointed shall commence on the Jaye this Ordinance becomes effective and shall end as follows: Three (3) shall be appointed to serve until April 1, 1956; Two (2) shall be appointed for a term ending April 1, 1958; or while the successor to each b.e appointed.. Section 3. VACANCY OR REMOVAL Any appointee member may be removed by a majority vote of the City Council. If a vacancy shall occur other than by expiration of a term, it shall be filled by the Mayor's appointment for the unex- pired portion of the term. Section ~-. CHAIRMAN OF THE COMMI~,SION The Commission shall elect ifs chairman and vice-chairman from among its members and shall appoint a secretary who need not be a member of the Commission. Tree term of office shall be one (1) year unless the term of the officer as a member of the Commission sooner expires, and until the successor to each is duly appointed. Section 5. MEETINGS OF THE COMMI~;SION The City Planning Commission shall establish a regular place of meeting and establish ru7.es of conduct thereof, and shall hold at least one regular meeting each month. Special meetings of the Commission may be called at; any time by the chairman or by any three (3) or more members of the Commission upon personal notice being given to all members of the Commission. If per- sonal notice cannot be given, written notice must be mailed to such members at least twenty-four hours prior to said meeting, unless said notice requirement is waived in writing by said member. Section 6. ORGANIZATION AND PROCEDURE The affirmative vote of four (~4) members is required to approve a recommendation to amend the Zoning Ordinance, and the affirmative vote of three (3) mem'k~ers is required to take any other action, 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 accompli>h this, the Commission shall have at its disposal the services of tYie City Clerk, Acting Secretary, or any other employee of the Council, compensation for which shall be determined by the Council. Section 7. THE POWERS AND FUNCTIONS OF THE CITY PLANNING CO ISSION _ The powers and functions of the City Planning Commission shall be as follows: (a) to hold hearings on all zoning matters. b To conduct such other hearings as are provided by law and in accordance with its own rules and regulations. (c) To report its decisions and recommendations in writing to the City Council. (d) To consider, formulate and propose surveys, maps., and plans designed to provide for, regulate and direct the future growth, development, and beauti- fication of the City in order to secure to the City of Cupertino and its inhabitants better sanita- tion, adequate and suitable parks and open spaces, better transportation facilities, improved public service of all kinds, proper location of public buildings, and to secure a permanent and compre- hensive plan for the most economic, healthful and harmonious grc~th of the City as outlined in Section 65300 et seq of the Government Code of California. (e) To prepare and recommend the adoption of a compre- hensive master plan for the expansion of the City of Cupertino as rapidly and completely as practic- able to its natural limits, being roughly the perimeters of the areas served by the Cupertino Union School District and the U. S. Post Office in Cupertino, said plan to-work no substantial hard- ship on the present city taxpayers. (f) To make the investigations and reports required by Education Code, Section 1803. (g) To make in its advisory capacity, any and all rec- ommendations to the City Council relating to the above matters, including changes or amendments to the paster plan or any portion thereof. Section 8. CITY PLANNING COMMISSION TO APPROVE SUBDIVISIONS AND PROPERTY DEDICATED TO PUBLIC USE All plans, plots, divisions, subdivisions, or repoots of land, building lots and the streets, alleys or other portions of the same intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting thereon or ad~a- cent thereto, and located within the City limits, shall be sub- mitted to the City Planning Comtt~.ssion, and the Commission shall report thereon in writing to the Council before action by said Council. Section 9. PROCEDURAL RULES The Planning Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exer- cise 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 chairman of the Planning Commission and the Mayor and a copy thereof shall be furnished to any person upon request. Section 10. COORDINATING POWERS The chairman of the Planning Commission with the approval of the Commission is authorized and empowered to call upon, have appear, or receive from any Councilman, city employee, county employee, or any other qualified person, information and advice to effect the general purposes of this Ordinance; should it be necessary to employ for compensation any services pursuant to this Section, the chairman shall submit an estimate of the same to the City Council and receive therefrom written consent authorizing the said expenditure. Section 11 REPEALING CLAUSE All ordinances of the City of Cupertino inconsistent here- with to the extend of such inconsistency, and no further, are hereby repealed. Section 12. POSTING CLAUSE Copy of this Ordinance shall be posted in at least three (3) public places in the City of Cupertino within fif teen (15) days after its passage as provided. in Section 36933 of the Government Code of the State of California. Introduced at a regular meeting of the Council of the City of Cupertino on the 31st day of October, 1955. Passed and adopted at a regular meeting of the Council of the City of Cupertino on the 7th day of November, 1955, by the following vote: AYES: Councilmen: Lindenmeyer, Meyerholz, Nathanson, Saich, Wilson NOES: Councilmen: None ABSENT: Councilmen: None /s/ Ralph E. Lindenmeyer Mayor, City of Cuper ino ATTEST /s/ Edith H. Anthony Acting City Clerk / / I ~`"~~ City Clerk of the City of Cupertino an ex officio clerk of the legislative body of said City do hereby certify that the foregoing is a true and correct copy of Ordinaro e No. 005 on file in my office and that the same has been published pursuant to law. I~~ITNESS WHE OF I have hereunto s~t~my hand and City Seal this ¢~, day of ~, , 19 ~ ,,t,~ ~.~,. ~S~.k 1 ~ \ W~'l City Clerk