HomeMy WebLinkAbout1995-06-21; Planning Commission; Resolution 37680 0
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PLANNING COMMISSION RESOLUTION NO. 3768
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING
PLANNING COMMISSION PROCEDURES.
The Planning Commission of the City of Carlsbad hereby resolves as :
The following procedures rules for the conduct of Planning Corn
Meetings are adopted:
Sections:
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REGULAR MEETINGS
SPECIAL MEETINGS
ADJOURNED MEETINGS
STUDY SESSIONS
COMMISSION AGENDA
MEETINGS TO BE PUBLIC - EXCEPTIONS
CORRESPONDENCE - AVAILABILITY TO THE PUBLIC
CORRESPONDENCE - AUTHORITY OF PLANNING DIRECTOR
QUORUM
CONDUCT OF BUSINESS
ROLL CALL
READING OF MINUTES
MINUTES
DISTRIBUTION OF MINUTES
RECORDINGS OF MEETINGS
OFFICERS
CHAIRPERSON
POWERS AND DUTIES OF CHAIRPERSON
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
CALL TO ORDER - CHAIRPERSON
PUBLIC HEARINGS - WHEN HELD
PUBLIC HEARINGS - PROCEDURE
PUBLIC HEARINGS - EVIDENCE
PUBLIC HEARINGS - CONTINUATION
PUBLIC HEARINGS - TERMINATION OF PUBLIC TESTIMONY
PUBLIC HEARINGS - CLOSING
PUBLIC HEARINGS - REOPENING
PUBLIC HEARINGS - DECISION
REQUEST TO ADDRESS THE COMMISSION ON ITEMS OTHEI;
LISTED PUBLIC HEARINGS
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ADDRESSING THE COMMISSION - SPOKESPERSON FOR GROI
PERSONS.
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
CORRECTION OF DOCUMENTS
ROBERTS RULES OF ORDER
FAILURE TO OBSERVE PROCEDURES
RALPH M. BROWN ACT
RESOLUTIONS - ADOPTION
1 REGULAR MEETINGS. The Planning Commission shall hold
meetings on the first and third Wednesdays of each month at the hour of 6:OO PM
Council Chambers at the City Hall, 1200 Carlsbad Village Drive, Carlsbad, or su(
place to which a meeting is adjourned. If by reason of fire, flood or other emerg
shall be unsafe to meet in the Council Chambers, the meetings may be held for the c
of the emergency at such other place as designated by the Chairperson of the Coml
or if the Chairperson fails to act, by a majority of the quorum of the Commission.
the day for any regular meeting falls on a legal holiday, such meeting shall be helm
same hour and place on the next succeeding day not a holiday or such other
designated by the Planning Commission. At least 72 hours before a regular meet
agenda of the meeting shall be posted in a location that is freely accessible to men
the public. No action shall be taken on any item not appearing on the agenda.
2 SPECIAL MEETINGS. Special meetings may be called at any timl
Chairperson or by four members of the Planning Commission by delivering perso
by mail written notice to each Commissioner and to each local newspaper of
circulation, radio or television stations having filed written request for such notia
notice must be delivered personally or by mail at least twenty-four hours before the
such meeting as specified in the notice. The call and notice shall speci-& the time a1
of the special meeting and the business to be transacted. No other business
considered at such meetings. Such written notice may be dispensed with as
Commissioner who at or prior to the time the meeting convenes files with the 1
Director a written waiver of notice. Such waiver may be given by telegram. Such
notice may also be dispensed with as to any Commissioner who is actually prese~
meeting at the time it convenes. Notice of the special meeting shall be posted at
hours prior to the meeting in a location that is freely accessible to members of thc
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3 ADJOURNED MEETINGS. All meetings may be adjourned to a tim,
and date certain, but not beyond the next regular meeting. Once adjourned, the I
may not be reconvened. Meetings may be adjourned by the Chairperson by a
declaration thereof in the absence of a protest by any Commissioner. Meetings IT
be adjourned upon the making and seconding of such a motion in accordance v
procedures on motions established by the procedures. If a quorum is not present, 1<
a quorum may so adjourn a meeting. If all members of the Commission are absc
Planning Director shall declare the meeting adjourned to a stated time and place a:
cause a written notice of the adjournment to be given in the same manner as pro\
Section 2 for special meetings. When any meeting is adjourned the Planning Direct
post notice of such adjournment on the Council Chamber door within twenty-fou
after the time of the adjournment.
4 STUDY SESSION. The Commission may from time to time adjourn
in study sessions. The purpose of such sessions shall be for hearing reports from 1
and reviewing, discussing and debating matters of interest to the Planning Commissj
official action shall be taken at a study session. Study sessions shall be considered
meeting, in accordance with the Ralph M. Brown Act, and shall be open to the
however the comments or discussion of the public in such session shall be subjec
discretion of the Chairperson.
5 MEETINGS TO BE PUBLIC - EXCEPTIONS. All meetings of the E
Commission shall be open to the public and meetings of standing advisory committc
continued subject matter jurisdiction or a meeting schedule fixed by resolution (
formal action of the Planning Commission, and composed of only less than a quc
Planning Commission members, shall also be open to the public and subject to thl
M. Brown Act. Closed sessions may be held when specifically authorized by law.
6 COMMISSION AGENDA.
(a) In order to facilitate the orderly conduct of the business of the Com
an agenda shall be prepared for each regular meeting containing the specific j
business to be transacted and the order thereof. Items of business may be place(
agenda by the direction of a member of the Commission, the Planning Director or
Attorney. Whenever feasible, each item on the agenda shall contain a staff recomme
the project name and case number, location (within the city), brief description,
specific action requested to be taken by the Commission. At least 72 hours before a
meeting, the agenda of the meeting shall be posted in a location that is freely acce;
members of the public.
(b) Every agenda for a regular meeting shall provide an opportunity for n
of the public to directly address the Commission on items of interest to the public, 1
that no action shall be taken on any item not appearing on the agenda; this pal
agenda shall be limited to 15 minutes.
(c) No action or discussion shall be undertaken on any item not appearin
posted agenda except that members the Planning Commission or City staff m?
respond to statements made or questions posed by persons exercising their public tc
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rights under Section 54954.3 of the Government Code. In addition, on their own in
or in response to questions posed by the public, a member of a Planning Commi:
City staff may ask a question for clarification, make a brief announcement, or make
report on their own activities. Furthermore, a member of the Planning Commissior
Commission itself, subject to rules or procedures of the Commission, may pr
reference to staff or other resources for factual information, request staff to report
the body at a subsequent meeting concerning any matter, or take action to direct
place a matter of business on a future agenda. Additionally, no action or discussi
be undertaken on any item not appearing on the posted agenda unless one of the fc
conditions exist:
(1) Upon a determination by a majority vote that an emergency f
(2) Upon a determination by a two-thirds vote (or unanimous vot
than two-thirds are present), that there is a need to take actio
came to the attention of the City subsequent to the agend
posted.
(3) The item was posted for a prior meeting occurring not more tl
calendar days prior to the date action is taken on the item, an
prior meeting the item was continued to the meeting at whicl
is being taken.
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(d) The order of business established on the agenda shall be followed un
Chairperson, with the consent of a majority of the Commission, permits a matter to 1
out of the regular agenda order.
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Call to Order.
Pledge of Allegiance.
Roll Call.
Approval of Minutes.
Planning Commission Procedures.
Comments from the audience on items not listed in the Agen
Continued Items.
Public Hearings.
Non-Public Hearing.
Planning Commission Member Comments.
Planning Director Comments.
City Attorney Comments.
Adjournment.
7 CORRESPONDENCE - AVAILABILITY TO THE PUBLIC.
(a) Correspondence addressed to the Commission which is received
Planning Director or any officer or employee of the City shall not be a matter o
record unless it is received and filed by the Commission at a regular, special, or ad,
meeting of the Commission. Correspondence shall not be read aloud at a Corn
meeting unless requested by a majority vote of the Commission.
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(b) Sufficient copies of each correspondence shall be provided so th
Commissioner and the Planning Director will have a copy. In addition, three ad
copies for public inspection at the meeting shall be provided.
8 CORRESPONDENCE - AUTHORITY OF PLANNING DIRECTOR
(a) The Planning Director is authorized to open and examine all mail t
written communications addressed to the Planning Commission, except correspc
addressed to individual Planning Commission members, and to give it warranted a
to the end that all administrative business referred to in said communications
requiring Planning Commission action may be acted upon between Commission n
provided that all communications and any action taken pursuant thereto shall be r
to the Planning Commission.
(b) Correspondence deemed to be of an important or urgent nature
submitted for Commission consideration at a Planning Commission meeting.
9 QUORUM. Four members of the Commission shall constitute a quc
the transaction of business. Less than a quorum may adjourn from time to time.
there is no quorum, the Chairperson, Vice Chairperson or any member of the Con
shall adjourn such meeting, or if no member of the Commission is present, the E
Director shall adjourn the meeting. For the purpose of considering any item subjec
of the Commission, when a member of the Commission is disqualified due to a co
interest, their presence shall not be considered in determining the presence of a (
Consideration on such item shall be deferred until a quorum of non-in
Commissioners are present to discuss and vote on them if a disqualification reduc,
in attendance to less than a quorum.
10 CONDUCT OF BUSINESS. The time set for each regular meetil
member of the Commission, the Planning Director, Minutes Clerk, City Attorney a
department heads or others as have been requested to be present shall take their
places in the Council Chambers. The business of the Commission shall be cond
substantially the order and in the manner herein provided.
11 CALL TO ORDER - CHAIRPERSON. The Chairperson, or in their
the Vice Chairperson, shall take the chair at the hour appointed for the meeting a
call the Commission to order. In the absence of the Chairperson and the Vice Chai
the Planning Director shall call the Commission to order, whereupon a te:
Chairperson shall be elected by the Commission Members present. Upon the arriv
Chairperson or the Vice Chairperson, the temporary Chairperson shall relinquish 1
at the conclusion of the business then before the Commission. Whenever t
'Chairperson' is used in these rules, and the Chairperson is absent, it shall apply ec
the Vice Chairperson, and if they are also absent, to the Chairperson elected pur
this section.
12 ROLL CALL. Before proceeding with the business of the Commis
Minutes Clerk or Chairperson shall call the roll of the Commission Members and tb
of those present shall be entered in the minutes.
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13 READING OF THE MINUTES. Unless the reading of the minul
meeting is requested by a member of the Commission, the minutes may be ay
without reading if each member of the Commission has previously been furnished
copy thereof.
14 MINUTES. The minutes of the Commission shall be kept by the P
Clerk and shall be neatly typewritten and retained on file in the Planning Departme
a record of each particular type of business transacted set off in paragraphs, with
subheads; provided that the Minutes Clerk shall be required to make a record only
business as was actually passed upon by a vote of the Commission and shall not be r
to make a verbatim transcript of the proceedings, and provided, further, that a reco
be made of the names and addresses of persons addressing the Commission, the tit1
subject matter to which their remarks related and whether they spoke in support 1
opposition to such matter.
A Commissioner may request, through the Chairperson, the privilege of ha
abstract of their statement on any subject under consideration by the Commission
in the minutes. If there is no objection from any member of the Commissio
statement shall be entered in the minutes.
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15 DISTRIBUTION OF MINUTES. A copy of the minutes of the meeti
be furnished to each Commissioner prior to the subsequent meeting. Copies shall
provided to the City Manager, City Attorney, Planning Director and any other ind
designated by the City Manager.
16 RECORDING OF MEETINGS.
(a) The Minutes Clerk may tape record Planning Commission meetings
tape recordings shall be retained by the Minutes Clerk until such time as the minul
been approved by the Commission. After the minutes have been approved, the re
tapes shall be retained by the Planning Director for a minimum period of ten yea
Planning Director shall provide the blank recording tapes necessary to record the m
(b) The public may hear tape recordings of the Commission meetings duriI
hours when it will not inconvenience the ordinary operation of the Planning Dep:
Members of the public may purchase copies of the recording tapes for a fee in an
as determined by the City Council by resolution. Commissioners will be provided c
the recording tapes upon request for their use only. The Commissioners shall re1
recording tapes to the Planning Department after they have listened to them.
(c) If any person wishes a transcription of the Planning Commission met
any portion thereof, a request therefore shall be filed with the Planning Department
four hours prior to the meeting. If such a request is received, the Secretary of the I
Commission shall make arrangements to make and preserve such a record at the
of the person making the request.
If any person desires to have a matter reported by a stenographer r
they may employ one directly at their expense or request that the Secretary of the 1
Commission arrange, also at the requesting party’s expense, for a reporter. A
request shall be made in writing at least two full working days before the meetil
Secretary of the Planning Commission may require a deposit before making arran
for any such transcription.
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17 OFFICERS. The Planning Commission shall elect from among its ap
members a Chairperson and Vice-Chairperson to serve for a term of one year. E
shall be held at the last meeting in December and the elected Chair and Vice Chi
assume their respective offices at the January meeting. A Commissioner must se
year before being elected Chair.
18 CHAIRPERSON. The Chairperson of the Commission shall be the P
Officer at all meetings of the Planning Commission.
19 POWERS AND DUTIES OF CHAIRPERSON. The Chairperson ma
second, debate, and vote from the Chair. The Chairperson shall not be deprived c
the rights and privileges of a Commissioner by reason of their acting as Chairpersc
Chairperson or such person as the Chairperson may designate may verbally rest;
question immediately prior to calling for the vote. Following the vote the Chairpers
announce whether the question carried or was defeated. The Chairperson s
responsible for the maintenance of order and decorum at all meetings, and shall dc
questions of order and procedure subject, however, to an appeal to the Commission j
case the matter shall be determined by majority vote of the Commission. The Chaj
shall sign all resolutions, and other documents necessitating their signature whil
adopted in their presence unless they are unavailable in which case an alternate Chaj
may sign such documents.
20 GAINING THE FLOOR. Every Commissioner desiring to speak SI
address the Chair, gain recognition by the Chairperson, and shall confine themselve
question under debate, avoiding reference to character and indecorous language.
21 OUESTIONS TO THE STAFF. Every Commission Member des
question the City Staff shall, after recognition by the Chairperson, address their quc
the appropriate Staff member or to the Planning Director or City Attorney. Questic
be limited to inquiries relevant to the item.
22 INTERRUPTIONS. A Commissioner once recognized shall
interrupted when speaking unless called to order by the Chairperson, or unless a
order or personal privilege is raised by another Commissioner, or unless the speaker
to yield to a question by another Commission Member. If a Commissioner while I
is called to order they shall cease speaking until the question of order is determine
determined to be in order, they may proceed. Members of the City Staff, after rec
by the Chairperson, shall hold the floor until completion of their remarks
recognition is withdrawn by the Chairperson.
23 POINT OF ORDER. The Chairperson shall determine all points
subject to the right of any Commissioner to request full Commission ruling and the (
shall be, "Shall the decision of the Chairperson be sustained?" A majority vc
conclusively determine such question of order.
24 POINT OF PERSONAL PRIVILEGE. The right of a Commiss
address the Commission on a question of personal privilege shall be limited to
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which their integrity, character or motives are questioned or where the welfarc
Commission is concerned. A Commissioner raising a point of personal privilt
interrupt another Commissioner who has the floor only if the Chairperson recog]
privilege.
25 PRIVILEGE OF CLOSING DEBATE. Subject to the provision of
26, the Commissioner moving the adoption of a resolution or motion shall have the I
of closing debate, subject to a Commission majority ruling that debate should con
26 CALLING THE OUESTION. A member of the Commission who v
terminate discussion of a motion may call for the question. If the call is seconc
Chairperson shall ask for a vote. If the call carries, the Commission shall then votl
motion without further discussion.
27 PROTEST AGAINST COMMISSION ACTION. Any Commission
have the right to have the reasons for their dissent from or their protest against an
of the Commission entered in the minutes. Such dissent or protest to be enterec
minutes shall be made in substantially the following manner: "I would like the mi;
show that I am opposed to this action for the following reasons ..."
28 PUBLIC HEAFUNGS - WHEN HELD.
(a) Wherever by law the Commission is required to hold a public hearin1
matter before it, such hearing will be held in accordance with the rules and proced
forth in these rules. Nothing herein shall prohibit or limit the Commission from h(
public hearing on the matter before it, whether required by law or not, nothing here
prohibit or limit any member of the public from addressing the Commission in accc
with the procedures provided for in these rules irrespective of whether or not a
hearing is held.
(b) All public hearings shall be scheduled to begin at a time certain whi,
be the hour the Commission convenes. The Commission shall hold such hearings il
in accordance with the schedule on the agenda at that time or as soon there;
practicable.
29 PUBLIC HEARINGS - PROCEDURE.
(a) The Chairperson shall announce that it is the time and place for a
hearing scheduled on the agenda.
(b) Prior to all Commission public hearings copies of the Commission's
with attachments, including the staff report, if any, shall be available at the Officc
Planning Director at least twenty-four hours prior to commencement of the 1
provided however, the Commission may allow in its discretion the filing of supplt
reports which shall be made public at the commencement of the hearing. Any
presented to the Commission which has not previously been made available for
inspection, shall be made available as soon after the meeting as practicable.
(c) The order of the hearing shall be as follows unless otherwise required
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Presentation of Staff Report.
Questions from the Commission to Staff.
Presentation, if any, by the Applicant (limited to 15 minutes 0:
discretion of the Chairperson).
Questions from the Commission to the Applicant.
Testimony of Public.
Response of Applicant.
Termination of Public Testimony.
Discussion by Commission - Further Questions of Staff.
Planning Commission Vote.
Public Hearing Closed.
(d) The Commissioners should raise issues or concerns during the COUI
public hearing so that the applicant or the public has an opportunity to address thosc
If a proposed condition is discussed for the first time after the public testimony is
the Chairperson shall allow sufficient time to the applicant to address the ch:
addition. Members of the general public shall also be allowed to address the ch
addition if directly impacted by the proposed condition.
(e) The provisions of Section 36 and Section 37 for addressing the Corn
shall apply to persons testiMng at public hearings except that a written request tl
shall not be required.
(f) The Chairperson may, dependent upon the necessity for ensuring ac
presentation of testimony and evidence to provide a fair hearing, set longer time lim
otherwise may be applicable to the hearing.
30 PUBLIC HEARINGS - EVIDENCE.
(a) During the public hearing the Commission shall receive oral or
evidence relevant to the matter being considered which shall become part of the
The Chairperson or any member of the Commission through the Chairperson may
any member of the Planning Commission to swear any person giving evidence at 1
of the hearing on the matter under consideration, if in the opinion of the Chairpc
any member of the Commission, the oath is necessary. Evidence received at public 1
provided for in this Resolution shall be relevant and material to the issues bej
Commission; provided, however, that the rules of evidence as established by the E
Code for the State of California shall be substantially relaxed in order to affor
presentation of the facts essential for judicious consideration by the Commissio~
matter which is the subject of the public hearing. Failure on the part of the Con
to strictly enforce rules of evidence or to reject matters which may be irrele
immaterial shall not affect the validity of the hearing. Any procedural errors whicl
affect the substantial rights of the parties shall be disregarded. Any person, othe
member of the Commission, who wishes to direct question(s) to an opposing witnl
submit such question(s) to the Chairperson who will ask the question(s) to the witn
Chairperson may at their discretion restrict the number and nature of any questio~
pursuant to this section.
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(b) If there is a Staff Report it shall be considered as evidence and shall
a part of the record of a public hearing. Such report need not be read in full as pal
Staff presentation. A synopsis of such report may be presented orally by staff men
the Commission. In addition, any of the following may be presented to the Corn
and, if presented, shall also become part of the record:
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1. Exhibits and documents used by the City Staff and any
participating in the hearing.
2. Maps and displays presented for use at the hearing providl
whenever practicable, they shall be displayed in full view
participants and the audience.
3. All communications and petitions concerning the subject matt6
hearing provided that a reading of such matters only shall bt
the request of a Commissioner.
4. Information obtained outside the Council Chambers, such as
the site, provided such information, to the extent it is relied up‘
be disclosed for the record, including disclosure of exparte (
with Commissioners, so proponents and opponents can be awa1
potential basis for decision, and clarify or rebut, prior to deci
13 (c) All exhibits, reports, maps and other physical evidence placed bef
Commission shall be retained by the Secretary of the Planning Commission a6 l4
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records. Such exhibits may be released by the Secretary with the approval of 1
Attorney.
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31 PUBLIC HEARINGS - CONTINUATION. At any time that it apl
the Chairperson or a majority of the Commission through the Chairperson, that inac
evidence has been presented to afford judicious consideration of any matter bej
Commission at the time of a public hearing, or for other just cause, a continuation
hearing may be ordered to afford the applicant, the public, or the City Staff adequ;
to assemble additional evidence for the Commission’s consideration. Any contj
ordered by the Commission through its Chairperson may be to a date certain, wh
date shall be publicly announced in the Council Chambers and shall constitute notic
public of the time and place that further evidence will be taken. No further n
necessary; however, the continuation may be to a date uncertain, in which case it ~
announced that the matter will be renoticed. If the hearing is continued to a time 1(
24 hours after the time specified in the notice of hearing, a copy of the nc
continuance of hearing shall be posted immediately following the meeting at which t€
of continuance was made. The public announcements provided for herein shall co
notice to the applicant and the public of time and place when further evidence will E:
by the Commission. The Commission shall also have the option to set the matter t
hearing.
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32 PUBLIC HEARINGS - TERMINATION OF PUBLIC TESTIMONY.
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33 PUBLIC HEARINGS - DECISION.
(a) When neither the applicant, the public, or the City staff have further (
to produce or when in the opinion of the Chairperson sufficient evidence h
presented, no further evidence either oral or written will be accepted by the Corn
provided, however, that this rule may be relaxed by the Chairperson or the majon
Commission through the Chairperson when it appears that good cause exists to hea
evidence concerning the matter which is the subject of the public hearing. The Con
shall consider all evidence properly before them in accordance with these procedu:
Commission shall then act upon the item. The Commission may instruct the
Director to return with the documents necessary to effect the decision including fi1
may be appropriate to the matter. Upon return of such documents, the Commissj
determine if the findings are supported by the evidence before them at the bean1
the decision is supported by the findings and after making any changes render their
by taking action on the documents. The Commission’s decision is not final until 2
of the documents.
(b) A Commissioner who was absent from all or a part of a public hear
not participate in a decision on the matter unless they have examined all the t
including listening to a recording of the oral testimony, if a recording is made
minutes, and can represent that they have a full understanding of the matter.
34 PUBLIC HEARINGS - CLOSING. Following a vote by the Commis
Chairperson shall close the public hearing.
35 PUBLIC HEARINGS - REOPENING. A public hearing on any mat
closed cannot be reopened on the date set for hearing unless the Chairperson del
that all persons who were present when the hearing closed are still present. Nothinl
however, is intended to prevent or prohibit the reopening of a public hearins
subsequent regular or special meeting of the Commission. No public hearing
reopened without due and proper notice being given to the applicant and thl
designating the time and place of said opening.
36 REQUEST TO ADDRESS THE COMMISSION ON ITEMS OTHEl
LISTED PUBLIC HEARINGS.
(a) It is the policy of the Commission to permit limited presentations by I
of the public on non-public hearing agenda items. The Chairperson may in the ab
objection by a majority of the Commissioners present, decline to permit such presc
on any particular non-public hearing item.
(b) Any person or group of persons desiring to address the Commission o
hearing matter must file with the Planning Director a written request for permj
address the Commission in advance of the Commission’s consideration of the ite
Chairperson may grant consent to address.
(c) Each person desiring to address the Commission shall approach the
state their name and address for the record, state the subject they wish to discu
whom they are representing if they represent an organization or other persons, an
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further time is granted by majority vote of the Commission, shall limit their remarks
minutes. All remarks shall be addressed to the Commission as a whole and not to a
member thereof. No questions shall be asked of a Commissioner or a member of tl
Staff without obtaining permission of the Chairperson. The Chairperson shall not
any communication, oral or written, to be made or read where it does not bear dire
the agenda item then under discussion.
5 (d) After a motion has been made no member of the public shall addr
Commission from the audience on the matter under consideration without first SI
6 permission to do so by a majority vote of the Commission.
7 (e) No person shall address the Commission without first securing the pen
8 of the Chairperson.
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37 ADDRESSING THE COMMISSION - SPOKESPERSON FOR GROl
PERSONS.
(a) In order to expedite matters and to avoid repetitious presentations, w€
any group of persons wishes to address the Commission on the same subject matter,
be proper for the Chairperson to require that a spokesperson be chosen from the g
address the Commission. If additional matters are to be presented by any other m
of the group the Chairperson may limit the number of such persons and li~
presentation to information not already presented by the group spokesperson.
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majority vote of the Commission. ’ 5 limited to a total presentation period of five minutes. Further time may be gra:
(b) For items other than those set for public hearing, groups of persons :
I 7 Commission is in session, the Commissioners and City staff shall observe good orc
decorum. A member shall neither by conversation or otherwise delay or interr 18 proceedings or the peace of the Commission nor disturb any member while spea
19 refuse to obey the directives of the Chairperson.
38 DECORUM AND ORDER - COMMISSION AND CITY STAFF. W
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39 DECORUM AND ORDER - AUDIENCE. Members of the public a1
Commission meetings shall observe the same rules of order and decorum applicabl
Commissioners and City staff. Any person making impertinent and slanderous ren
who becomes boisterous while addressing the Commission or while attend
Commission’s meeting shall be removed from the room if the Sergeant-at-Am
directed by the Chairperson, and such person may be barred from further audiencr
the Commission. Unauthorized remarks from the audience, stamping of feet, whistlc
and similar demonstrations shall not be permitted by the Chairperson, and if such
continues, the Chairperson shall direct the Sergeant-at-Arms to remove such offend1
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40 ENFORCEMENT OF DECORUM.
(a) The Police Chief or such other person as they may designate SI
Sergeant-at-Arms of the Commission. The Sergeant-at-Arms shall be available on a1
basis for regular and adjourned meetings.
(b) Any member of the Commission or other person using vulgar, profan
or boisterous language at any meeting or otherwise interrupting the proceedings
Commission, or who refuses to carry out orders and instructions given by the Chai~
for the purpose of maintaining order and decorum at the Commission meeting,
interrupts proceedings, shall upon conviction be deemed guilty of a misdemeanor.
41 VOTING PROCEDURES. Voting shall be conducted by the use
voting light system installed in the Council Chambers. A red light designates a
Negative' vote, a green light designates a 'Yes or Affirmative' vote, and a whi
designates a vote to 'Abstain'.
The Commission may at any time, or from time to time, dispense with the us(
voting light system by show of hands or by voice vote of the majority. In such event
shall be conducted by show of hands or by voice vote until such time as a determin
made to again use the voting light system, or some other system.
When the Commission is voting by a show of hands, the Chairperson shall :
all persons voting in favor of the matter to raise their hands; then ask for a show o
by all persons voting against the matter. When the Commission is voting by voice
negative vote shall be registered by the oral statement of 'NO by the Commission R
voting. An affirmative vote shall be registered by the oral statement of 'YES' or 'A
the Commissioner voting.
42 DISQUALIFICATION FOR CONFLICT OF INTEREST. If a Comm
has reason to think a conflict of interest may exist, they shall give the facts of the m
the City Attorney and request advice thereon prior to the meeting.
Any Commissioner who is disqualified from voting on a particular matter by
of a conflict of interest shall publicly state or have the Chairperson state the nature
disqualification in the open Commission meeting. A Commissioner who is disqual
reason of a conflict of interest in any matter shall remove themselves from the c
during the debate and not vote or otherwise participate on such matter, or may req1
be given the permission of the Chairperson to step down from the Commission s
leave the chamber. A Commissioner stating such disqualification shall not be cot
a part of a quorum and shall be considered absent for the purpose of determir
outcome of any vote on such matter.
43 FAILURE TO VOTE. Every Commissioner should vote unless disq
by reason of conflict of interest. A Commissioner who abstains from voting ackno
that a majority of the quorum may decide the question voted upon.
44 CHANGING VOTE. A Commissioner may change their vote only if
request to do so is made immediately following the announcement of the vote
Chairperson and prior to the time the next item in the order of business is take1
Commissioner who publicly announces that they are abstaining from voting on a p;
matter shall not subsequently be allowed to withdraw their abstention.
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45 RECONSIDERATION.
(a) A motion to reconsider any action taken by the Commission may be
only at the meeting such action was taken. It may be made either immediately dur
same session, or at a recessed or adjourned sessions thereof. Such motion may be
only by one of the Commissioners who voted with the prevailing side. Nothing herej
be construed to prevent any Commissioner from making or remaking the same or aq
motion at a subsequent meeting of the Commission.
(b) A motion to rescind, repeal, cancel or otherwise nullifjl prior ComI
action shall be in order at any subsequent meeting of the Commission. The effect t
action shall operate prospectively and not retroactively and shall not operate to ad
affect individual rights which may have vested in the interim.
46 PREPARATION OF RESOLUTIONS. All resolutions shall be prep-
the Planning Director or City Attorney. No resolution shall be prepared for prese
to the Commission unless requested by a Commissioner, the Chairperson, City M
City Attorney or prepared by the Planning Director on their initiative. No resolutic
be presented to the Commission unless its form has been approved by the City AI
this approval need not be indicated on the resolution.
47 MOTIONS.
(a) A motion is the formal statement of a proposal or question to the Com.
for consideration and action. Every Commissioner has the right to present a mot
motion is generally considered in the nature of direction or instruction, however, a
will generally suffice unless a resolution is specifically called for by law or unless .
some reason for desiring the particular action formalized by separate instrument.
(b) If the motion contains two or more divisible propositions, the Chai.
may divide the same.
(c) If a motion is properly made the Chairperson shall call for a secoI
further action is required on a motion which does not receive a second.
(d) When a motion is made and seconded it shall be restated by staff 1
vote. After extensive discussion on a motion the Chairperson should restate the
before a vote.
(e) A motion once before the Commission, may not be withdrawn by thl
without the consent of the second.
48 PRECEDENCE OF MOTIONS.
(a) When a main motion is before the Commission, no motion 2
entertained except the following which shall have precedence, one over the othe.
following order:
1. Adjourn.
2. Recess.
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3.
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Table.
Call for the Question.
Limit or extend Debate.
Refer to Committee or Staff.
Substitute.
Amend.
Postpone.
Minute Motion.
Main Motion.
(b) The order of preference in Subsection (a) is subject to the a
restrictions.
1. A motion shall not be in order which repeats a motion
previously at the same meeting unless there has been some inte
Commission action or discussion.
2. A motion shall not be in order when the previous question h;
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 interrupti
Commissioner while speaking.
49 PARTICULAR MOTIONS, PURPOSE AND CRITERIA. The purp
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 anoth
is debatable and amendable as to the time to which the meeting 1
adjourned.
2. Motion to Recess.
Purpose. To permit an interlude in the meeting and to set a definite
continuing the meeting.
Debatable or Amendable. Yes, but restricted as to time or duration o
3. Motion to Table.
Purpose. To set aside, on a temporaq basis, a pending main motion I
that it may be taken up again for consideration during the current mc
at some future regular meeting.
Debatable or Amendable. It is debatable but not amendable.
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4. Motion to Call for the Question.
Purpose. To prevent or stop discussion on the pending question or qu
and to bring such question or questions to vote immediately. If the :
passes, a vote shall be taken on the pending motion or motions.
Debatable or Amendable. No.
5. Motion to limit or extend debate.
Purpose. To limit or determine the time that will be devoted to discur
a pending motion or to extend or remove limitations already impose(
discussion.
Debatable or Amendable. Not debatable; amendments are restri
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 Committc
the City staff for the purpose of investigating or studying the proposi
make a report back to the Commission. If the motion fails, discussion
on the question resumes.
Debatable or Amendable. Yes.
7. Substitute Motion.
Purpose. To strike out one main motion and insert another main ml
its place which may be done so long as it is related to the subjecl
original motion.
Debatable or Amendable. The substitute motion is left unacted
Commissioners have the opportunity to perfect the main mo
amendments if desired. The substitute motion is debatable and SI:
amendment. Mer amendments have been offered, the substitute II
voted upon and, if adopted, strikes the main motion.
8. Amend.
Purpose. To modify or change a motion that is being considerec
Commission so that it will express more satisfactorily the will of the m
If the motion passes, then the main motion should be voted on as a1
Debatable or Amendable. It is debatable unless applied to an undl
main motion. It is amendable.
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9. Motion to Postpone.
Purpose. To prevent further discussion and voting on the main motic
a future date or event. If the motion fails, discussion and voting on th
motion resumes. If it passes, the subject of the main motion shall
brought up again until the specified date or event.
Debatable or Amendable. It is debatable but not amendable.
10. Minute Motion.
Purpose. To make a permanent record and enter into the minutes thc
of the Commission regarding any item properly before it. Such actit
include, but not be limited to, recommendations to the City <
approving and accepting reports, determining conformity of proposec
works projects, acquisitions or dispositions of property and the cons1
of buildings with the adopted general plan or such other and furthe]
as determined by the Commission which does not require a written resc
A minute motion shall not substitute for a resolution.
Debatable or Amendable. Yes.
11. Main Motion.
Purpose. The primary proposal or question before the Commiss
discussion and decision.
Debatable or Amendable. Yes.
50 RESOLUTIONS. Formal Commission actions on all items before it
made by resolution. When necessary the resolution shall contain appropriate findi
declarations.
51 RESOLUTIONS - ADOPTION.
(a) Where a particular resolution has been prepared and is befc
Commission, it shall be adopted by motion, second, discussion and vote. It is not nc
to read the resolution by title or in full provided it is identified by the Chairperson
request of any member of the Commission, the resolution shall be read by title 01
(b) Where a particular resolution has not been prepared a motion to dj
Planning Director to prepare the document and return it to the Commission is in
(c) Where necessary, a resolution may be presented verbally in moth
together with instructions for written preparation. Upon execution of such a resol
shall become an official action of the Commission.
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(d) No resolution shall be presented to the Commission unless approved
City Attorney. This approval need not be indicated on the resolution itself.
52 CORRECTION OF DOCUMENTS. Upon occasion resolutions 01
documents are submitted in draft form or on the spot amendments occur or typogr;
or other technical errors are found which necessitate retyping of the document; an
redraft, when properly executed, shall become the original document.
53 ROBERT’S RULES OF ORDER. If a matter arises at a ComI
meeting which is not covered by this chapter or applicable provisions of Federal or St
or the Carlsbad Municipal Code the procedures of the Commission shall be governed
latest revised edition of Robert’s Rules of Order, which is incorporated herein by refc
54 FAILURE TO OBSERVE PROCEDURES. The provision of these RI
adopted to expedite the transaction of the business of the Commission in an orderly
and are deemed to be procedural only. The failure to strictly observe such rules SI
affect the jurisdiction of the Commission or invalidate any action taken at a meeti
is otherwise held in conformity with law.
55 RALPH M. BROWN ACT. The provisions of the Ralph M. Brown
may be amended from time to time, are incorporated herein by reference.
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PC RES0 NO. 3768 -18-
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting
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following vote, to wit: 3
Planning Commission of the City of Carlsbad, held on the 21st day of June, 1995,
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AYES: Chairperson Welshons, Commissioners Compas,
Monroy, Nielsen, Noble and Savary
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ABSENT:
ABSTAIN:
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KIM WEaHONS, Chairperson
CARLSBAD PLANNING COMMISSIO
AITEST
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MICHAEL J. MLZWLER
PLANNING DIRECTOR
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