Chapter 2.12


2.12.010    Members – Number.

2.12.020    Appointment.

2.12.030    Vacancy filling.

2.12.035    Alternates.

2.12.040    Officers – Organization.

2.12.050    Powers and duties.

2.12.054    Historic preservation duties.

2.12.060    Reference for study.

2.12.010 Members – Number.

The planning commission of the city shall consist of five members. Those commissioners serving at the time of adoption of the ordinance codified in this chapter may continue to serve until replaced in the manner provided in this chapter. All commissioners shall live within the city limits of Capitola or within the sphere of influence of Capitola, as defined by the Santa Cruz Local Area Formation Commission. (Ord. 1036 § 1, 2019; Ord. 428 (part), 1978; Ord. 295 § 1, 1967; Ord. 58 § 1, 1951)

2.12.020 Appointment.

Beginning as soon as the ordinance codified in this chapter becomes effective, each council member may appoint one planning commission member. Except as provided in this chapter, the term of any commissioner so appointed shall terminate fourteen days after the canvassing of the next regular election of council members. However, a commissioner may serve until his or her successor takes office.

Once appointed, a planning commissioner may serve the term above provided unless:

A. The council member who made the appointment requests removal; or

B. At least three council members vote for the commissioner’s removal at a noticed open city council meeting. (Ord. 1038 § 1 (part), 2020: Ord. 428 (part), 1978; Ord. 295 § 2, 1967; Ord. 58 § 2, 1951)

2.12.030 Vacancy filling.

In case of a vacancy on the planning commission for any reason except the swearing into office of a new city council member, the city council member who made the appointment to the then vacated position may appoint the replacement. If for any reason the appropriate council member fails to make an appointment to the planning commission within fourteen days after a term has ended or a position vacated, the mayor shall appoint a commissioner to the vacancy. Council members shall appoint either by oral announcement at any regular meeting or special meeting or by a writing delivered to the city manager. Any such appointee may take office as soon as state law allows. (Ord. 428 (part), 1978; Ord. 419, 1977; Ord. 391, 1975; Ord. 295 § 3, 1967; Ord. 285, 1966; Ord. 58 § 3, 1951)

2.12.035 Alternates.

If a planning commissioner does not intend to vacate his or her position, but will be unable to attend two or more consecutive meetings, he or she should, in writing, so notify the city clerk and the council member that appointed him/her. The appointing council member may at any time before or during any long term absence, name an alternate, remove an alternate, or replace an alternate. Three members of the city council may nullify any such appointments. (Ord. 732 § 1, 1992)

2.12.040 Officers – Organization.

The commission shall elect its chairperson from among the appointed members for a term of one year and subject to other provisions of law, may create and fill such other offices as it may determine and may employ such individuals and/or firms as may be required to carry on the work of the commission; provided, however, that expenditures covering such employment must first be authorized by the city council. The commission shall hold at least one regular meeting in each month. The commission shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. (Ord. 58 § 4, 1951)

2.12.050 Powers and duties.

It shall be, the function and duty of the commission to make, adopt and recommend city council adoption of a master plan for the physical development of the city, and of any land outside of the boundaries which, in the judgment of the commission, bears relations to the planning thereof, and to perform all other proper functions of a planning commission pursuant to and in accordance with the planning and zoning law of the state, beginning with Section 65100 of the Government Code and pursuant to and in accordance with any directions issued by the city council whether by ordinance, resolution or minute order. (Ord. 295 § 4, 1967; Ord. 58 § 5, 1951)

2.12.054 Historic preservation duties.

The planning commission shall have the following historic preservation duties:

A. Advise the city council how best to preserve and enhance the historic resources of Capitola and carry on consultations for this purpose;

B. Review periodically the historic preservation element of the general plan;

C. Carry out, assist, and collaborate in studies to identify and evaluate improvements, sites, areas, and vistas worthy of preservation; and recommend to the council designation of historic landmarks, (including archaeological resources) and of vistas to be protected;

D. Advise the council with respect to execution and administration of historic property contracts permitted by Sections 50280 and 50281 of the California Government Code; and advise the council upon aid and assistance available to Capitola under federal, state, county, or other grants-in-aid;

E. Maintain for commission use and for consultation by the public a copy of the register of historic features, of which the city clerk is the official custodian;

F. Recommend a standard design for the markers of plaques which may be erected at designated historic landmarks or historic features. (Ord. 515 § 2, 1982)

2.12.060 Reference for study.

The council may by general or special rule, provide for the reference of any other matter or class of matters to the commission before final action thereon by the public body or officer of the city having final authority thereon, with the provisions that final action thereon shall not be taken until the commission has submitted its report thereon or has had reasonable time to submit the report. The commission shall have full power and authority to make such investigations, maps and reports, and recommendations in connection therewith relating to the planning and development of the city as it seems desirable, providing the total expenditures of the commission shall not exceed the funds available therefor. (Ord. 58 § 6, 1951)