HomeMy WebLinkAbout1986-01-08; Planning Commission; Resolution 2521e @
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RESOLUTION NO. 252 1
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF CARLSBAD, CALIFORNIA ADOPT-
ING PLANNING COMMISSION PROCEDURES.
The Planning Commission of the City of Carlsbad hereby
resolves as follows:
The following procedure rules for the conduct of Planning
Commission Meetings are adopted:
Sections:
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REGULAR MEETINGS SPECIAL MEETINGS
ADJOURNED MEETINGS
STUDY SESSIONS
MEETINGS TO BE PUBLIC - EXCEPTIONS COMMISSION AGENDA
CORRESPONDENCE - AVAILABILITY TO THE PUBLIC
CORRESPONDENCE - AUTHORITY OF LAND USE PLANNING MANAGER
QUORUM
CONDUCT OF BUSINESS
ORDER OF BUSINESS
CALL TO ORDER - PRESIDING OFFICER
ROLL CALL
READING OF MINUTES
MINUTES DISTRIBUTION OF MINUTES RECORDINGS OF MEETINGS PRESIDING OFFICER
POWERS AND DUTIES OF PRESIDING OFFICER
GAINING THE FLOOR
QUESTIONS TO THE STAFF
INTERRUPTIONS
POINTS OF ORDER
POINT OF PERSONAL PRIVILEGE
PRIVILEGE OF CLOSING DEBATE
CALLING THE QUESTION
PROTEST AGAINST COMMISSION ACTION
PUBLIC HEARINGS - WHEN HELD
PUBLIC HEARINGS - PROCEDURE
PUBLIC HEARINGS - EVIDENCE
PUBLIC HEARINGS - CONTINUATION PUBLIC HEARINGS - TERMINATION OF PUBLIC TESTIMONY PUBLIC HEARINGS - CLOSING
PUBLIC BEARINGS - REOPENING
PUBLIC HEARINGS - DECISION
REQUEST TO ADDRESS THE COMMISSION ON ITEMS OTHER THAN
LISTED PUBLIC HEARING.
ADDRESSING THE COMMISSION - SPOKESMAN FOR GROUP OF
PERSONS.
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DECORUM AND ORDER - COMMISSION AND CITY STAFF.
DECORUM AND ORDER - AUDIENCE.
ENFORCEMENT OF DECORUM.
VOTING PROCEDURES.
DISQUALIFICATION FOR CONFLICT OF INTEREST. FAILURE TO VOTE.
CHANGING VOTE. RECONSIDERATION, PREPARATION OF RESOLUTIONS.
MOTIONS
PRECEDENCE OF MOTIONS. PARTICULAR MOTIONS, PURPOSE AND CRITERIA.
RESOLUTIONS,
RESOLUTIONS - ADOPTION.
CORRECTION OF DOCUMENTS. ROBERTS RULES OF ORDER.
FAILURE TO OBSERVE PROCEDURES.
10 I1 1 REGULAR MEETINGS. The Planning Commission shall hold 11
Ifor the duration of the emergency at such other places as is
be unsafe to meet in the Council Chambers, the meetings may be held 13
adjourned. If by reason of fire, flood or other emergency, it shall 1200 Elm Avenue, Carlsbad, or such other place to which a meeting is 12
at the hour of 6:OO PM, in the Council Chambers at the City Hall,
regular meetings on the second and fourth Wednesdays of each month
designated by the Chairman of the Commission, or if he should fail 14 to act, by a majority of the quorum of the Commission. When the day 15 for any regular meeting falls on a legal holiday, such meeting shall be held at the same hour and place on the next succeeding day not a 16 holiday or such other time as designated by the Planning Commission. 17
18 any time by the Chairman or by four members of the Planning ,Commission by delivering personally or by mail written notice to 19 leach Commissioner and to each local newspaper of general circulation, radio or television station having filed written 20 request for such notice. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such 21 meeting as specified in the notice. The call and notice shall lspecify the time and place of the special meeting and the business 22 to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any 23 Commissioner who at or prior to the time the meeting convenes files
with the Land use Planning Manager a written waiver of notice. Such 24 waiver may be given by telegram. Such written notice may also be dispensed with as to any Commissioner who is actually present at the1 25 meeting at the time it convenes.
2 SPECIAL MEETINGS. Special meetings may be called at
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ime, place and date certain, but not beyond the next regular
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in accordance with the procedures on motions established by the 4
hereof in the absence of a protest by any Commissioner. Meetings 3
Meetings may be adjourned by the Chairman by a simple declaration eeting. Once adjourned, the meeting may not be reconvened.
procedures. If a quorum is not present, less than a quorum may so
5 adjourn a meeting. If all members of the Commission are absent, the
Land Use Planning Manager shall declare the meeting adjourned to a
6 stated time and place and shall cause a written notice of the
adjournment to be given in the same manner as provided in Section 2 7 for special meetings. When any meeting is adjourned the Land Use Planning Manager shall post notice of such adjournment on the
8 Council Chamber door within twenty-four hours after the time of the
adjournment.
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ay also be adjourned upon the making and seconding of such a motion
4 STUDY SESSIONS. The Commission may from time to time 10 adjourn to meet in study sessions. The purpose of such sessions
business may be placed on the agenda by the direction of a member of
of business to be transacted and the order thereof. Items of 17 be prepared for each regular meeting containing the specific items orderly conduct of the business of the Commission, an agenda shall 16
15 sessions may be held when specifically authorized by law. the Planning Commission shall be open to the public. Closed 14
13 discretion of the Chairman.
participation of the public in such session shall be subject to the 12 official action shall be taken at a study session. The
discussing and debating matters of interest to the City. No 11 shall be for hearing reports from the staff and reviewing,
18 the Commission, the Land Use Planning Manager or the City Attorney.
Whenever feasible, each item on the agenda shall contain a staff 19 recommendation and the specific action requested to be taken by the Commission. The agenda shall be made available to the public as 20 soon thereafter as practicable.
21 (b) No matters other than those listed on the agenda shall be
finally acted upon by the Commission, provided, however, that 22 matters not on the agenda but deemed to be of an important or urgent nature by any Commissioner, the Land Use Planning Manager, or the 23 City Attorney may be submitted for Commission consideration and
action, subject to an explanation of the importance or urgency 24 stated in open Commission meeting. No matter may be considered by
the Co-mission other than those matters on the agenda without the 25 unanimous consent of the Commission present at the meeting.
5 MEETINGS TO BE PUBLIC - EXCEPTIONS. All meetings of
6 COMMISSION AGENDA. (a) In order to facilitate the
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(c) The order of business established on the agenda shall be
followed unless the Chairman, with the consent of a majority of the
Commission, permits a matter to be taken out of the regular agenda I Order-
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7 CORRESPONDENCE - AVAILABILITY TO THE PUBLIC, (a) Correspondence addressed to the Commission which is received by the Land Use Planning Manager or any officer or employee of the Cit
shall not be a matter of public record unless it is received and
filed by the Commission at a regular, special, or adjourned meeting of the Commission, Correspondence shall not be read aloud at a
Commission meeting unless requested by a majority vote of the Commission.
(b) Sufficient copies of each correspondence shall be provided so that each Commissioner and the Land Use Planning Manager will have copy. In addition, three additional copies for public inspection a 1 the meeting shall be provided.
8 8 CORRESPONDENCE - AUTHORITY OF LAND USE PLANNING MANAGER (a) The Land Use Planning Manager is authorized to open and examine 9 all mail or other written communications addressed to the Planning Commission, except correspondence addressed to individual Planning lo
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Commission members, and to give it warranted attention to the end that all administrative business referred to in said communications and not requiring Planning Commission action may be acted upon
between Commission meetings provided, that all communications and l2 any action taken pursuant thereto shall be reported to the Planning
13 Commission.
(b) Correspondence deemed to be of an important or urgent nature ma I* be submitted for Commission consideration at a Planning Commission
15 meeting,
16 a quorum for the transaction of business, Less than a quorum may
1'7 adjourn from time to time. Where there is no quorum, the Chairman,
Vice Chairman or any member of the Commission shall adjourn such
18 , meeting, or if no member of the Commission is present, the Land Use Planning Manager shall adjourn the meeting, For the purpose of
19 considering any item subject to vote of the Commission, when a member of the Commission is disqualified due to a conflict of interest, his presence shall not be considered in determining the 2o presence of a quorum. Consideration on such item shall be deferred
21 until a quorum of non-interested Commissioners are present to
discuss and vote on them if a disqualification reduces those in
22 attendance to less than a quorum.
9 QUORUM. Four members of the Commission shall constitut
10 CONDUCT OF BUSINESS, The time set for each regular
23 11 meeting, each member of the Commission, the Land Use Planning
24 Manager, Minutes Clerk, City Attorney and such department heads or
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shall be conducted in substantially the order and in the manner places in the Council Chambers. The business of the Commission 25
others as have been requested to be present shall take their regula
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11 ORDER OF BUSINESS. The business of the Commission shall e taken up for consideration and disposition in the following
1. Call to Order.
2. Roll Call.
3. Pledge of Allegiance.
4, Continued Items,
5. Public Hearings.
6. Non Public Hearing Items.
7. Planning Commission Additional Business.
8. City Attorney Additional Business ,
9. Land Use Planning Manager Additional Business,
10. Approval of Minutes.
11. Adjournment.
usiness will be considered in the order shown above, unless
ed as provided for in this Chapter.
CALL TO ORDER - PRESIDING OFFICER. The Chairman, or in
he Vice Chairman, shall take the chair at the hour ed for the meeting and shall call the Commission to order. e of the Chairman and the Vice Chairman, the Land Use
g Nanager shall call the Commission to order, whereupon a
siding officer shall be elected by the Commission present. Upon the arrival of the Chairman or the Vice n, the temporary presiding officer shall relinquish the chair
conclusion of the business then before the Commission.
n is absent, it shall apply equally to the Vice Chairman, and
henever the term 'Chairman' is used in these rules, and the
absent, to the presiding officer elected pursuant to
13 ROLL CALL, Before proceeding with the business of the l7 lkommission, the Minutes Clerk shall call the roll of the Commission
mbers and the names of those present shall be entered in the
READING OF THE MINUTES. Unless the reading of the
of a meeting is requested by a member of the Commission, the
inutes may be approved without reading if each member of the
on has previously been furnished with a copy thereof.
MINUTES. The minutes of the Commission shall be kept by he Minutes Clerk and shall be neatly typewritten in a book kept for
ransacted set off in paragraphs, with proper subheads; provided
uch business as was actually passed upon by a vote of the
pose, with a record of each particular type of business
Minutes Clerk shall be required to make a record only of
on and shall not be required to make a verbatim transcript roceedings, and provided, further, that a record shall be
the names and addresses of persons addressing the on, the title of the subject matter to which their remarks
and whether they spoke in support of or in opposition to
uch matter.
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-.l A Commiss'ione,r may. reqhest,;,.through,-the Chairman,'the privilege
of having an ab'stract ,of his..statement on any subject under consid-
2 eration by the' Commission entered 'in the minutes. If there is no
objection from: any member 'o,f~the:Commission; such statement shall be
,,' 3 entered in the minutes. * ,; :, lL. '* .
-.'4 ', '. 16# DISTRIBUTION OF MINUTES. As soon as possible after 'each
meeting, the Minutes Cl.erk shall furnish a'copy.of 'the minutes .to
' 5 each:Commissioner; the City Manager, City Attorney, Land Use
Planning.Manager and. any other individuals :designated by the City'
6 Manager. . .,,(I. ,,, l II. ", 0 I ., _ .I /' ! 7 RECORDINGS'LOF‘ MEETINGS. .(a).,The ,Minutes Clerk may tape . 1' .record Planning Commission meet,ings as.an"'aid in the‘ preparation of
-8'the minutes.- .I.f tape, recordings.:are made, they shall be' retained by
the Minutes Clerk..until such "time as-the minutes have been approved
9;by the Commission. ::tJpon 'such approval of the,written:'minutes by the
Commission,, the' Minutes Clerk m+ay ,reuse -or erase..;such tape j
,.,lO,,recordings, unless'specifically .requested by'the 'Commission or the
City ,Attorney to'retain such tapes at the ,time the minutes.,are L
,ll"approved. a : I j ,' : . .
"!L"i (b) While the Minutes Clerk has.:the tape'recordings.in her I '-
: possession, 'members of the, public may hear ~tape recordings of the
'13 Commission ,meet,ings during office hours'when- it will not:
': inconvenience th,e.ordinary operation of the,City Clerk+s Office.'
14,Brief or ,shorthand,nofes may be made; mechanical recordings may be
madeifrom said tapes:; and ,in.this c,onnection, the Minutes Clerk is ' (' .,x5 fu.rther.authorized to ,allow the ;re.cording machine to .be used by the
public for,listening'pu,rposes when.such,machine.is not necessary for
16 use by the City Clerk iri'the ,ordinary function ,of the .office. The
provisions ,of:this'section shall be administered according to the ,
,17 provisions of. Section 1'.20.?70 pf,the'Carlsbad Municipal,Code.. '.. “
-18 (c) If any person dishes a record of the Planning Commission '
,meeting, or any portion thereof; a'request ,therefore shall be filed
19 with the City. Clerk twenty-fo'u,r,hours prior to the meeting., If such
a -request-is received, the Minutes Clerk shall make arrangements to
20 make'and'..preserve' such's record.'at the expense of the person making
_; : ,the request. I_ ,_ ;
'L.21,. .; ', ,' 1 " If any pe,rson desires to have a matter,repdrted by a 'steno-,,
22 grapher'reporter, he may employ'one'directly"at his expense or
request-that the City Clerk arrange, also.at ,the requesting party's
,-23 expense',:for a.reporter. Any such request shal,l .be made 'inwriting
-'at 1east"two full work'ing days before. the meeting. The City. Clerk " 24 may require a deposit befor.e',making,arrangements,for any such
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.I a 'PRESIDING OFFICER. ;:The #Chairman of .the,.Commmission :
.,26 shall be 'the Presiding :Officer at all meetings of the Planning
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19 POWERS AND DUTIES OF PRESIDING OFFICER. The Presiding l. //Off iter may move, second, debate, and vote from the Chair . He shall t be dep;ived of any o€ the rights and privileges of a Commis-
ficer or such person as he may designate may verbally restate each
te the Presiding Officer shall announce whether the question
rried or was defeated. The Presiding Officer shall be responsible r the maintenance of order and decorum at all meetings. He shall
ide all questions of order and procedure subject, however, to an peal to the Commission in which case the matter shall be deter-
ed by majority vote of the Commission. The Presiding Officer all sign all resolutions, and other documents necessitating his
available in which case an alternate Presiding Officer may sign
ioner by reason of his acting as Presiding Officer. The Presiding
uestion immediately prior to calling for the vote. Following the
ignature which were adopted in his presence unless he is
h documents.
20 GAINING THE FLOOR. Every Commissioner desiring to speak all first address the Chair, gain recognition by the Presiding
f f icer, and shall confine himself to the question under debate, oiding reference to character and indecorous language.
21 QUESTIONS TO THE STAFF. Every Commission Member esiring to question the City Staff shall, after recognition by the
ember or to the Land Use Planning Manager or City Attorney.
esiding Officer, address his question to the appropriate Staff
estions shall be limited to inquiries relevant to the item.
22 INTERRUPTIONS. A Commissioner once recognized shall not
e interrupted when speaking unless called to order by the Presiding
f icer, or unless a point of order or personal privilege is raised y another Commissioner, or unless the speaker chooses to yield to i estion by another Commission Member. If a Commissioner while
peaking is called to order he shall cease speaking until the estion of order is determined and if determined to be in order, he ay proceed. Members of the City Staff, after recognition by the
esiding Officer, shall hold the floor until completion of their emarks or until recognition is withdrawn by the Presiding Officer.
23 POINTS OF ORDER. The Presiding Officer shall determine 1 points of order subject to the right of any Commissioner to
cision of the Presiding Officer be sustained?' A majority vote equest full Commission ruling and the question shall be, "Shall the
hall conclusively determine such question of order.
24 POINT OF PERSONAL PRIVILEGE. The right of a Commis- oner to address the Commission on a question of personal privilege
tives are questioned or where the welfare of the Commission is
terrupt another Commissioner who has the floor only if the
hall be limited to cases in which his integrity, character or
oncerned. A Commissioner raising a point of personal privilege mal
residing Officer recognizes the privilege.
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1 25 PRIVILEGE OF CLOSING DEBATE. Subject to the provision
of Section 26, the Commissioner moving the adoption of a resolution
2 or motion shall have the privilege of closing debate, subject to a
Commission majority ruling that debate should continue.
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26 CALLING THE QUESTION. A member of the Commission who
4 wishes to terminate discussion of a motion may call for the
question. If the call is seconded, the Presiding Officer shall ask
5 for a vote. If the call carries, the Commission shall then vote on
the motion without further discussion. I
27 PROTEST AGAINST COMMISSION ACTION. Any Commissioner
shall have the right to have the reasons for his dissent from or his
protest against any action of the Commission entered in the minutes.
8 Such dissent or protest to be entered in the minutes shall be made
in substantially the following manner: "I would like the minutes to
9 show that I am opposed to this action for the following reasons..."
10 28 PUBLIC HEARINGS - WHEN HELD. (a) Wherever by law the
Commission is required to hold a public hearing on any matter before
11 it, such hearing will be held in accordance with the rules and
procedures set forth in these rules. Nothing herein shall prohibit
12 or limit the Commission from holding a public hearing on the matter
before it, whether required by law or not, nothing herein shall
13 prohibit or limit any member of the public from addressing the
Commission in accordance with the procedures provided for in these
14 rules irrespective of whether or not a public hearing is held.
15 (b) All public hearings shall be scheduled to begin at a time
certain which shall be the hour the Commission convenes. The
16 Commission shall hold such hearings in order, in accordance with the
schedule on the agenda at that time or as soon thereafter as
17 practicable.
18 29 PUBLIC HEARINGS - PROCEDURE. (a) The Presiding Officer
,shall announce that it is the time and place for a public hearing
19 /scheduled on the agenda.
20 (b) Prior to all Commission public hearings copies of the
Commission's agenda with attachments,
21 a
including the staff report, if
ny, shall be available at the Office of the Land Use Planning
Manager at least twenty-four hours prior to commencement of the
22 hearing; provided however, the Commission may allow in its
discretion the filing of supplemental reports which shall be made
23 public at the commencement of the hearing. Any writing presented to
the Commission which has not previously been made available for
24 public inspection, shall be made available as soon after the meeting
as practicable.
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) The order of the hearing shall be as follows unless otherwise
equired by law:
1. Presentation of Staff Report.
2. Presentation by the Applicant, if any.
3. Questions from the Commission.
4. Testimony of Public.
5. Response of Applicant.
6. Termination of Public Testimony.
7. Discussion by Commission - Further Questions of Staff.
d) The provisions of Section 36 and Section 37 for addressing the
xcept that a written request to speak shall not be required.
e) The Presiding Officer may, dependent upon the necessity for
mmission shall apply to persons testifying at public hearings
suring adequate presentation of testimony and evidence to provide fair hearing, set longer time limits than otherwise may be
plicable to the hearing.
30 PUBLIC HEARINGS - EVIDENCE. (a) During the public
levant to the matter being considered which shall become part of record. The Presiding Officer or any member of the Commission rough the Presiding Officer may require any member of the Planning
mission to swear any person giving evidence at the time of the aring on the matter under consideration, if in the opinion of the
siding Officer or any member of the Commission, the oath is
essary. Evidence received at public hearings provided for in
s Resolution shall be relevant and material to the issues before
e Commission; provided, however, that the rules of evidence as ablished by the Evidence Code for the State of California shall substantially relaxed in order to afford a full presentation of facts essential for judicious consideration by the Commission of e matter which is the subject of the public hearing. Failure on part of the Commission to strictly enforce rules of evidence or reject matters which may be irrelevant or immaterial shall not
ect the validity of the hearing. Any procedural errors which do t affect the substantial rights of the parties shall be
sregarded. Any person, other than a member of the Commission, who
shes to direct question(s) to an opposing witness shall submit h question(s) to the Presiding Officer, who will ask the
estion(s) to the witness. The Presiding Officer may at his
rsuant to this section.
) If there is a Staff Report it shall be considered as evidence
ring the Commission shall receive oral or written evidence
iscretion restrict the number and nature of any questions asked
I nd shall become a part of the record of a public hearing. Such 25 eport need not be read in full as part of the Staff presentation.
art of the record: 27
o the Commission. In addition, any of the following may be 26 synopsis of such report may be presented orally by Staff members
resented to the Commission and, if presented, shall also become
28 I 1. Exhibits and documents used by the City Staff and any persons participating in the hearing.
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2. Maps and displays presented for use at the hearing provided
that, whenever practicable, they shall be displayed in full
view of the participants and the audience.
matter of the hearing provided that a reading of such matters only shall be had at the request of a
Commissioner.
4. Information obtained outside the Council Chambers, such as
view of the site, provided such information, to the extent
it is relied upon, shall be disclosed for the record.
3. All communications and petitions concerning the subject
c) All exhibits, reports, maps and other physical evidence placed fore the Commission shall be retained by the Secretary of the
leased by the Secretary with the approval of the City Attorney.
Commission as public records. Such exhibits may be
PUBLIC HEARINGS - CONTINUATION. At any time that it o the Presiding Officer or a majority of the Commission rough the Presiding Officer, that inadequate evidence has been to afford judicious consideration of any matter before the mmission at the time of a public hearing, or for other just cause,
continuation of said hearing may be ordered to afford the
plicant, the public, or the City Staff adequate time to assemble
ditional evidence for the Commission's consideration. Any ntinuation ordered by the Commission through its Presiding Officer to a date certain, which said date shall be publicly nounced in the Council Chamber and shall constitute notice to the
e public announcements provided for herein shall constitute notice plicant and the public of time and place when further idence will be taken by the Commission. The Commission shall also
the time and place that further evidence will be taken.
ave the option to set the matter to a new hearing.
PUBLIC HEARINGS - TERMINATION OF PUBLIC TESTIMONY. When
e public has no further evidence to present, when in the opinion esiding Officer no new public evidence is being presented
t the Presiding Officer may terminate the public testimony.
when in the opinion of Presiding Officer the evidence is
rmination of the public testimony does not close the Public
PUBLIC HEARINGS - CLOSING. When neither the applicant, ic, or the City Staff have further evidence to produce or the opinion of the Presiding Officer sufficient evidence has
sented, the Presiding Officer shall order the public hearing
at which time no further evidence either oral or written accepted by the Commission; provided, however, that this
be relaxed by the Presiding Officer or the majority of the
on through the Presiding Officer where it appears that good ists to hear further evidence concerning the matter which is ect of the public hearing.
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1 34 PUBLIC HEARINGS - REOPENING. A public hearing on any matter once closed cannot be reopened on the date set for hearing
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present when the hearing closed are still present. Nothing herein, unless the Presiding Officer determines that all persons who were
Commission. No public hearing may be reopened without due and 4
public hearing at any subsequent regular or special meeting of the however, is intended to prevent or prohibit the reopening of a
Commission may instruct the Land Use Planning Manager to return with
procedures. The Commission shall then act upon the item. The 7
consider all evidence properly before them in accordance with these 35 PUBLIC HEARINGS - DECISION, (a) The Commission shall 6
designating the time and place of said opening. 5
proper notice being given to the applicant and the public
8 the documents necessary to effect the decision including findings as may be appropriate to the matter. Upon return of such documents,
9 the Commission shall determine if the findings are supported by the evidence before them at the hearing and if the decision is supported
by taking action on the documents. The Commission's decision is not 10
(b) A Commissioner who was absent from all or a part of a public 12
final until adoption of the documents. 11
by the findings and after making any changes render their decision
hearing shall not participate in a decision on the matter unless he
13 has examined all the evidence including listening to a recording of the oral testimony, if a recording is made, or the minutes, and can
14 represent that he has a full understanding of the matter.
15 36 REQUEST TO ADDRESS THE COMMISSION OM ITEMS OTHER THAN LISTED PUBLIC HEARING. (a) It is the policy of the Commission to
16 permit limited presentations by members of the public on non-public hearing agenda items. The Presiding Officer may in the absence of
17 objection by a majority of the Commissioners present, decline to permit such presentations on any particular non-public hearing
18 item.
19 (b) Any person or group of persons desiring to address the Commission on a nonhearing matter must file with the Land Use
20 Planning Manager a written request for permission to address the
The Presiding Officer may grant consent to address. 21 Commission in advance of the Commission's consideration of the item.
22 (c) Each person desiring to address the Commission shall approach
the podium, state his name and address for the record, state the 23 subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and unless further time 24 is granted by majority vote of the Commission, shall limit his remarks to five minutes. All remarks shall be addressed to the 25 Commission as a whole and not to any one member thereof. No questions shall be asked of a Commissioner or a member of the City 26 Staff without obtaining permission of the Presiding Officer, The Presiding Officer shall not permit any communication, oral or 27 written, to be made or read where it does not bear directly on the agenda item then under discussion. 28
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DECORUM AND ORDER - AUDIENCE. Members of the public
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1 41 VOTING PROCEDURES. Voting shall be conducted by the use of the voting light system installed in the Council Chambers. A red
2 light designates a 'No or Negative' vote, a green light designates a
'Abstain'. 3
IYes or Affirmative' vote, and an amber light designates a vote to
4 The Commission may at any time, or from time to time, dispense with the use of the voting light system by voice vote of the
until such time as a determination is made to again use the voting 5
light system, or some other system. 6
majority. In such event, voting shall be conducted by voice vote
7 When the Commission is voting by voice vote, a negative vote shall be registered by the oral statement of 'NO' by the Commission
statement of 'YES' or 'AYE' by the Commissioner voting. 8
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Member voting. Affirmative vote shall be registered by the oral
42 DISQUALIFICATION FOR CONFLICT OF INTEREST. If a
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request advice thereon prior to the meeting. 11
he shall give the facts of the matter to the City Attorney and
Commissioner has reason to think a conflict of interest may exist,
12 Any Commissioner who is disqualified from voting on a
particular matter by reason of a conflict of interest shall publicly
13 .disqualification in the open Commission meeting. A Commissioner who state or have the Presiding Officer state the nature of such
or otherwise participate on such matter, or may request and be given 15 shall remove himself from the chamber during the debate and not vote is disqualified by reason of a conflict of interest in any matter 14
the permission of the Presiding Officer to step down from the
16 Commission seat and leave the Chamber. A Commissioner stating such
disqualification shall not be counted as a part of a quorum and
17 shall be considered absent for the purpose of determining the
outcome of any vote on such matter.
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19 ,idisqualif ied by reason of conflict of interest. A Commissioner who labstains from voting acknowledges that a majority of the quorum may 20 idecide the question voted upon. ~
43 FAILURE TO VOTE. Every Commissioner should vote unless
21 44 CHANGING VOTE, A Commissioner may change his vote only
if a timely request to do so is made immediately following the 22
time the next item in the order of business is taken up. A
announcement of the vote by the Presiding Officer and prior to the
withdraw his abstention. 24 voting on a particular matter shall not subsequently be allowed to Commissioner who publicly announces that he is abstaining from 23
45 RECONSIDERATION. (a) A motion to reconsider any action
25/taken by the Commission may be made only at the meetinq such action 26 was taken. It may be made-either immediately during the same
motion may be made only by one of the Commissioners who voted with 27 session, or at a recessed or adjourned sessions thereof. Such
motion at a subsequent meeting of the Commission. any Commissioner from making or remaking the same or any other 28 the prevailing side, Nothing herein shall be construed to prevent
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Commission. The effect of such action shall operate prospectively 2
Commission action shall be in order at any subsequent meeting of thl (b) A motion to rescind, repeal, cancel or otherwise nullify prior
resolution shall be prepared for presentation to the Commission 5
prepared by the Land Use Planning Manager or City Attorney. No 46 PREPARATION OF RESOLUTIONS. All resolutions shall be 4
individual rights which nay have vested in the interim. 3
and not retroactively and shall not operate to adversely affect
proposal or question to the Commission for consideration and action 9
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approval need not be indicated on the resolution.
unless its form has been approved by the City Attorney; this 7 initiative. No resolution shall be presented to the Commission
Attorney or prepared by the Land Use Planning Manager on his 6
unless requested by a Commissioner, the Chairman, City Manager, Citl
47 MOTIONS, (a) A motion is the formal statement of a
Every Commissioner has the right to present a motion. A motion is
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however, a motion will generally suffice unless a resolution is generally considered in the nature of direction or instruction,
(b) If the motion contains two or more divisible propositions, the 12
desiring the particular action formalized by separate instrument, specifically called for by law or unless there is some reason for
13 Presiding Officer may divide the same.
14 (c) If a motion is properly made the Presiding Office shall call foq
15 receive a second.
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a second. No further action is required on a motion which does not
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(d) When a motion is made and seconded it may be restated by the
Presiding Officer before a vote. After extensive discussion on a
motion the Presiding Officer should restate the motion before a
vote.
(e) A motion once before the Commission, may not be withdrawn by th
maker without the consent of the second, !
20 1 48 PRECEDENCE OF MOTIONS. (a) When a main motion is befor the Commission, no motion shall be entertained except the following
order:
21 which shall have precedence, one over the other, in the following 1
22 1. Adjourn. I 2. Recess , I
4. Call for the Question.
6, Refer to Committee or Staff.
8. Amend,
9. Postpone. I
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5. Limit or extend Debate. 24
3. Table,
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7. Substitute. 25
~ IO. Main Motion. 27 i
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(b) The order of preference in Subsection (a) is subject to the following restrictions:
1 . A motion shall not be in order which repeats a motion made previously at the sarne meeting unless there has been some intervening Commission action or discussion.
2. A motion shall not be in order when the previous question
has been ordered.
3. A motion shall not be in order while a vote is being taken. 4. A motion shall not be in order when made as an interruptior
of a Commissioner while speaking.
49 PARTICULAR MOTIONS, PURPOSE AND CRITERIA. The purpose and salient criteria of the motions listed in Section 48 is as
follows:
1. Motion to Adjourn.
Purpose. To Terminate a Meeting.
Debatable or amendable. No, except a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourned.
2. Motion to Recess.
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Purpose. To permit an interlude in the meeting and to set a definite time for continuing the meeting.
Debatable or Amendable. Yes, but restricted as to time or duration of recess.
3. Motion to Table.
Purpose. To set aside, on a temporary basis, a pending
main motion provided that it may be taken up again for
consideration during the current meeting or at the next regular meeting.
Debatable or Amendable. It is debatable but not amendable.
4. Motion to Call for the Question.
Purpose. To prevent or stop discussion on the pending question or questions and to bring such question or questions to vote immediately. If the motion passes, a
vote shall be taken on the pending motion or motions.
Debatable or Amendable. No.
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5. Motion to limit or extend debate.
Purpose. To limit or determine the time that will be devoted to discussion of a pending motion or to extend or
remove limitations already imposed on its discussion.
Debatable or Amendable, Not debatable; amendments are restricted to period of time of the proposed limit or extension.
6. Motion to Refer to Committee or Staff,
Purpose, To refer the question before the Commission to a Committee or to the City Staff for the purpose of investi-
gating or studying the proposal and to make a report back
to the Commission. If the Motion fails, discussion or votc on the question resumes.
Debatable or Amendable. Yes. I
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7. Substitute Motion, ~
Purpose. To strike out one main motion and insert another ~
main motion in its place which may be done so long as it is
related to the subject of the original motion.
Debatable or Amendable, The substitute motion is left unacted on until Conmissioners have the opportunity to perfect the main motion by amendments if desired. The substitute motion is debatable and subject to amendment. After amendments have been offered, the substitute motion is voted upon and, if adopted, strikes the main motion.
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8. Amend. i I
Purpose, To modify or change a motion that is being considered by the Commission so that it will express more satisfactorily the will of the members. If the motion passes, then the main motion should be voted on as amended,
Debatable or Amendable. It is debatable unless applied to an undebatable main motion. It is amendable,
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9. Motion to Postpone. I
Purpose, To prevent further discussion and voting on the
main motion until a future date or event, If the motion
fails, discussion and voting on the main motion shall not be brought up again until the specified date or event.
amendable. ~ ~~ ~~ ~~- ~
Debatable or Amendable. It is debatable but not
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l. ll 10. Main Motion.
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Purpose. The primary proposal or question before the Commission for discussion and decision.
4 I/ Debatable or Amendable. Yes. 61 50 RESOLUTIONS. Formal Co-mission actions on all items
5 efore it shall be made by resolution. When necessary the reso- lution shall contain appropriate findings and declarations.
51 RESOLUTIONS - ADOPTION. (a) Where a particular reso- 7 lution has been prepared and is before the Commission, it shall be
o read the resolution by title or in full provided it is identified 8 dopted by motion, second, discussion and vote. It is not necessary
Commission, the resolution shall be read by title or in full. 9
y the Presiding Officer. Upon request of any member of the
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10 (b) Where a particular resolution has not been prepared a motion to
return it to the Commission is in order. 11 irect the Land Use Planning Manager to prepare the document and 1 12
pon execution of such a resolution, it shall become an official 13
(c) Where necessary, a resolution may be presented verbally in otion form together with instructions for written preparation.
ction of the Commission,
(d) No resolution shall be presented to the Commission unless 15
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pproved by the City Attorney. This approval need not be indicated l4I n the resolution itself.
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CORRECTION OF DOCUMENTS. Upon occasion Resolutions or 17 ther documents are submitted in draft form or on the sDot 1 mendments occur or typographical or other technical erkors are
18 found which necessitate retyping of the document; and such redraft, hen properly executed, shall become the original document. 19
20 Commission meeting which is not covered by this chapter or
21 Municipal Code the procedures of the Commission shall be governed by
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23 Rules are adopted to expedite the transaction of the business of the Commission in an orderly fashion and are deemed to be procedural 24 only. The failure to strictly observe such rules shall not affect
the jurisdiction of the Commission or invalidate any action taken at
53 ROBERT’S RULES OF ORDER. If a matter arises at a
applicable provisions of Federal or State law or the Carlsbad
the latest revised edition of Robert’s Rules of Order.
54 FAILURE TO OBSERVE PROCEDURES, The provision of these
25 ja meeting that is otherwise held in conformity with law.
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1 j/ 2 PASSED, LPPR3VED AND ADOPTED by the Planning Commission of the
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1986, by the following vote, to wit: 4 City of Carlsbad at a regular meeting held the 8th day of January,
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7 NOES : None -
8 ABSENT: Commissioner McFadden.
9 ABSTAIN: None
AYES: Chairman Schlehuber, Commissioners: Marcus, McBane, Smith, Holmes and Hall.
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CLARENCE SCHLEHUEER, Chai man
CARLSBAD PLANNING COMMISSION
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