HomeMy WebLinkAbout2000-05-03; Planning Commission; Resolution 4771e 0
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PLANNING COMMISSION RESOLUTION NO. 4771
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 follows:
The Planning Commission is charged with reviewing for conformance with 1;
and city policy all land use developments, elements of the general plan, City ordinances, loc
facilities management plans, capital improvement programs and other plans and progra~
requiring discretionary approval within the City of Carlsbad. Projects are reviewed :
consistency with the general plan, zoning, the growth management plan, local facilit
management plans, and the local coastal program, among other things.
In reaching its decisions, the Commission must at all times be sensitive to citiz
concerns as expressed in public hearings and public correspondence, while at the same tir
ensuring the long-term welfare of the City and acting with consistency and continuity in
application of the law and City policies. In the same manner, the Commission must weigh t
needs and desires of applicants who come before it.
To assist them in reaching their decisions, the Commissioners will recei
ongoing technical and background information and guidance from the staff, including instructi
on matters of policy, City standards and procedures, City Council decisions and staf
recommendations as to what provides the greatest benefit to the citizens of Carlsbad. T
Commissioner’s are also expected, on their own initiative, to take such additional steps as th
feel necessary to discharge their duties in a well-informed and conscientious manner.
The Commission’s actions are final in some instances, and in matters reserved
the Council, advisory only. The goal of the Commission in all matters is to act in the bl
interests of the City of Carlsbad and its citizens as a whole.
The following procedures and rules for the conduct of Planning Commissi
Meetings are adopted:
Sections:
I. Officers:
A. Terms, how elected
B. Powers and duties of Chairperson
A. Types of meetings:
11. Meetings of the Planning Commission
1. Regular
3. Study sessions or workshops
I 2. Special i
B. Meetings to be public
C. Adjourned meetings
D. Quorum
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E. Voting:
1. Procedures
2. Disqualification for conflict of interest
3. Failure to vote
4. Changing vote
F. Reconsideration
G. Meeting Agenda:
1. How and when prepared
2. Preparation of resolutions
H. Items not on the Agenda
I. Meeting Minutes:
1. Reading only by request
2. How prepared and recorded
3. Recording of meetings
4. Distribution of minutes
5. Availability to public
1. Available at meeting
2. Authority of Planning Director
K. Conduct of business: readiness for meeting
L. Call to order
M. Roll call
N. Order of business
J. Correspondence:
111. General meeting rules:
A. General decorum
1. Commission and City Staff
2. Audience
3. Enforcement of decorum
B. Requests to address Commission on non-public hearing items
C. Addressing the Commission: Spokesperson for group of persons
A. When held
B. Procedure and order of business
C. Evidence
D . Continuation
E. Termination of public testimony
F. Decision
G. Closing
H. Reopening
A. Robert’s Rules of Order
B. Parliamentary rules for individual Commissioners:
IV. Public Hearings:
V. Parliamentary Procedures
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1. Gaining the floor
2. Questions to staff
3. Interruptions
4. Point of order
5. Point of personal privilege
6. Privilege of closing debate
7. Calling the questions
8. Protest against Commission action
C. General motions
D. Precedence of motions
E. Particular motions, purpose and criteria:
1. Adjourn
2. Recess
3. Table
4. Call the question (Previous Question)
5. Limit or Extend debate
6. Refer to Committee or Staff
7. Substitute motion
8. Amend
9. Withdraw
10. Postpone
1 1. Continue
12. Minute motion
13. Main motion
VI. Resolutions:
A. Commission action
B . Adoption
VII. Correction of documents
VIII. Failure to observe procedures
IX. Ralph M. Brown Act
I. OFFICERS:
A. TERMS, HOW ELECTED: The Planning Commission shall elect from among
appointed members a Chairperson and Vice-Chairperson to serve for a term of one ye
Elections shall be held at a regular meeting at the end of the calendar year, and the elected Ch
and Vice Chair shall assume their respective offices at the January meeting. A Commissior
must serve one year before being elected Chair.
B. POWERS AND DUTIES OF CHAIRPERSON:
1. The Chairperson of the Commission shall be the Presiding Officer at
meetings of the Planning Commission. 1 ...
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2. The Chairperson may move, second debate, and vote from the Chair. T
Chairperson shall not be deprived of any of the rights and privileges of a Commissioner
reason of acting as Chairperson.
3. The Chairperson, or such person as the Chairperson may designate, m
verbally restate each motion immediately prior to calling for the vote. Following the vote I
Chairperson shall announce whether the motion carried or was defeated.
4. The Chairperson shall be responsible for the maintenance of order a
decorum at all meetings, and shall decide all questions of order and procedure, subject, howev
to an appeal to the Commission, in which case the matter shall be determined by majority vote
the Commission.
5. The Chairperson shall sign all resolutions and other documents requiring th
signature which were adopted in their presence unless he or she is unavailable, in which case
alternate Chairperson may sign such documents.
11. MEETINGS OF THE PLANNING COMMISSION:
A. TYPES OF MEETINGS:
1. Regular Meetings: The Planning Commission shall hold regular meetings
the first and third Wednesday of each month at the hour of 6:OO PM, in the Council Chambers
the City Hall, 1200 Carlsbad Village Drive, Carlsbad, or such other place as shall be dl
noticed. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the Coun
Chambers, the meetings may be held for the duration of the emergency at such other place
designated by the Chairperson of the Commission, or if the Chairperson fails to act, bq
majority of the quorum of the Commission. When the day for any regular meeting falls 01
legal holiday, such meeting shall be held at the same hour and place on the next succeeding c
not a holiday or such other time as designated by the Planning Commission. At least 72 hol
before a regular meeting, the agenda of the meeting shall be posted in a location that is fie1
accessible to members of the public. No action shall be taken on any item not appearing on 1
agenda.
2. Special Meetings: Special meetings may be called at any time by 1
Chairperson or by four members of the Planning Commission by delivering personally or
mail, FAX or email, written notice to each Commissioner and to each local newspaper of gene
circulation, radio and television station having filed written request for such notice. Such not
must be delivered at least twenty-four hours before the time of such meeting as specified in
notice. The call and notice shall specify the time and place of the special meeting and
business to be transacted. No other business shall be considered at such meetings. Such writ
notice may be dispensed with in the case of any Commissioner who at or prior to the time
meeting convenes files with the Planning Director a written waiver of notice. Such waiver n
be given by telegraph, FAX or email. Such written notice may also be dispensed with in the c;
of any Commissioner who is actually present at the meeting at the time it convenes. Notice
the special meeting shall be posted at least 24 hours prior to the meeting in a location thai
freely accessible to members of the public.
3. Study Session or Workshop: The Commission may from time to time adjol
to meet in study sessions. The purpose of such sessions shall be for hearing reports from
staff and reviewing, discussing and debating matters of interest to the Planning Commission.
official action shall be taken at a study session. Study sessions shall be considered put
meetings, in accordance with the Ralph M. Brown Act, and shall be open to the pub
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However, the comments of the public in such session shall be subject to the discretion of 1
Chairperson.
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B. MEETINGS TO BE PUBLIC: All meetings of the Planning Commission shall
open to the public and meetings of standing advisory committees with continued subject mal
jurisdiction or a meeting schedule fixed by resolution or other formal action of the Plann:
Commission, and composed of only less than a quorum of Planning Commission members, SI
also be open to the public and subject to the Ralph M. Brown Act.
C. ADJOURNED MEETINGS: All meetings may be adjourned to a time, place a
date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not
reconvened. Meetings may be adjourned by the Chairperson by a simple declaration thereof
the absence of a protest by any Commissioner. Meetings may also be adjourned upon 1
making and seconding of such a motion in accordance with the procedures on motic
established by this resolution. If a quorum is not present, less than a quorum may so adjoun
meeting. If all members of the Commission are absent, the Planning Director shall declare 1
meeting adjourned to a stated time and place and shall cause a written notice of the adjournmc
to be given in the same manner as provided for Special Meetings. When any meeting
adjourned the Planning Director shall post notice of such adjournment on the Council Cham1
door within twenty-four hours after the time of the adjournment.
D. QUORUM: Four members of the Commission shall constitute a quorum for 1
transaction of business. Less than a quorum may adjourn from time to time. Where there is x
quorum, the Chairperson, Vice Chairperson or any member of the Commission shall adjou
such meeting, or if no member of the Commission is present, the Planning Director shall adjou
the meeting. For the purpose of considering any item subject to vote of the Commission, wher
member of the Commission is disqualified due to a conflict of interest, their presence shall not
considered in determining the presence of a quorum. Consideration on such item shall
deferred until a quorum of non-interested Commissioners is present to discuss and vote on it, i:
disqualification reduces those in attendance to less than a quorum.
E. VOTING:
1. Procedures: Voting shall be conducted by the use of the voting light systc
installed in the Council Chambers. A green light designates a ‘Yes or Affirmative’ vote; a r
light designates a ‘No or Negative’ vote; and a white light designates a vote to ‘Abstain’. T
Commission may at any time, or from time to time, dispense with the voting light system
show of hands or by voice vote until such time as a determination is made to again use the voti
light system, or some other system.
When the Commission is voting by a show of hands, the Chairperson shall a
that all persons voting in favor of the matter raise their hands; then ask for a show of hands by :
persons voting against the matter, and lastly a show of hands of those voting to abstain. Wh
the Commission is voting by voice vote, an affirmative vote shall be registered by the 01
statement of ‘YES’ or ‘AYE’ by the Commissioner; a negative vote shall be registered by t
oral statement of ‘NO’ or ‘NAY’; and an abstention by registering ‘YES’ or ‘AYE’ by t ’ Commission Member voting.
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2. Disqualification for conflict of interest: If a Commissioner has reason to thi
a conflict of interest may exist, he/she shall give the facts of the matter to the City Attorney a
request advice thereon prior to the meeting.
Any Commissioner who is disqualified from voting on a particular matter
reason of a conflict of interest shall publicly state or have the Chairperson state the nature of SL
disqualification in the open Commission meeting. A Commissioner who is disqualified
reason of a conflict of interest in any matter shall request and be given the permission of 1
Chairperson to step down from the Commission seat and leave the chamber. A Commissio~
stating such disqualification shall not be counted as a part of a quorum and shall be considel
absent for the purpose of determining the outcome of any vote on such matter.
reason of conflict of interest. A Commissioner who abstains from voting acknowledges tha,
majority of the quorum may decide the question voted upon.
4. Changing vote: A Commissioner may change hisker vote only if a timt
request to do so is made immediately following the announcement of the vote by the Chairpers
and prior to the time the next item in the order of business is taken up. A Commissioner w
publicly announces that he/she is abstaining from voting on a particular matter shall r
subsequently be allowed to withdraw hidher abstention.
3. Failure to vote: Every Commissioner should vote unless disqualified
F. RECONSIDERATION:
1. A motion to reconsider any action taken by the Commission may be ma
only at the meeting such action was taken, and with the applicant present. It may be made eitl
immediately during the same session, or at a recessed or adjourned session thereof. Such motit
may be made only by one of the Commissioners who voted with the prevailing side. Nothil
herein shall be construed to prevent any Commissioner from making or remaking the same
any other motion at a subsequent meeting of the Commission.
2. A motion to rescind, repeal, cancel or otherwise nullify prior Commissic
action shall be in order at any subsequent meeting of the Commission. The effect of such actic
shall operate prospectively and not retroactively and shall not operate to adversely affe
individual rights which may have vested in the interim.
G. MEETING AGENDA:
1. How and when prepared: In order to facilitate the orderly conduct of t
business of the Commission, an agenda shall be prepared for each regular meeting containing t
specific items of business to be transacted and the order thereof. Items of business may
placed on the agenda by the direction of a member of the Commission, the Planning Director
the City Attorney. Whenever feasible, each item on the agenda shall contain the project nan
and case number, location (within the city), brief description, the specific Commission actic
requested and a staff recommendation. At least 72 hours before a regular meeting, the agenda
the meeting shall be posted in a location that is freely accessible to members of the public.
2. Preparation of Resolutions: All resolutions shall be prepared by the Plannil
Director or City Attorney. No resolution shall be presented to the Commission unless its for
has been approved by the City Attorney. This approval need not be indicated on the resolution
H. ITEMS NOT ON THE AGENDA:
1. Every agenda for a regular meeting shall provide an opportunity for membe
of the public to directly address the Commission on items of interest to the public, provided th
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no action shall be taken on any item not appearing on the agenda. This part of the agenda sh
be limited to 15 minutes.
2. No action or discussion shall be undertaken on any item not appearing on 1
posted agenda except that members of the Planning Commission or City staff may brie
respond to statements made or questions posed by persons exercising their public testima
rights under Section 54954.3 of the Government Code. In addition, on their own initiative, or
response to questions posed by the public, a member of the Planning Commission or City st
may ask a question for clarification, make a brief announcement, or make a brief report on th
own activities. Furthermore, a member of the Planning Commission, or the Commission itst
subject to rules or procedures of the Commission, may provide a reference to staff or otl
resources for factual information, request staff to report back to the body at a subsequent meeti
concerning any matter, or take action to direct staff to place a matter of business on a fut~
agenda. Additionally, no action or discussion shall be undertaken on any item not appearing
the posted agenda unless one of the following conditions exist:
a. Upon a determination by a majority vote that an emergency exists.
b. Upon a determination by a two-thirds vote (or unanimous vote if 11
than two-thirds are present), that there is a need to take action which came to the attention of i
City subsequent to the agenda being posted.
c. The item was posted for a prior meeting occurring not more than E
calendar days prior to the date action is taken on the item, and at the prior meeting the item P
continued to the meeting at which action is being taken.
I. MEETING MINUTES:
1. Reading only by request: Unless the reading of the minutes of a meeting
requested by a member of the Commission, the minutes may be approved without reading if es
member of the Commission has previously been furnished with a copy thereof,
2. How prepared and recorded: The minutes of the Commission shall be kept
the Minutes Clerk and shall be neatly typewritten and retained on file in the Planni
Department, with a record of each particular type of business transacted set off in paragrap
with proper sub-heads. The Minutes Clerk shall be required to make a record of the summary
the presentation and Commission questions and discussion of such business as was actua
passed upon by a vote of the Commission and shall not be required to make a verbatim transcr
of the proceedings, and provided, further, that a record shall be made of the names and addres!
of persons addressing the Commission, the title of the subject matter to which their rema
related and whether they spoke in support of or in opposition to such matter.
A Commissioner may request, through the Chairperson, the privilege of having
abstract of their statement on any subject under consideration by the Commission entered in
minutes. If there is no objection from any member of the Commission, such statement shall
entered in the minutes.
3. Recording of Meetings: The Minutes Clerk may tape record Plannl
Commission meetings. The tape recordings shall be retained by the Minutes Clerk until st
time as the minutes have been approved by the Commission. After the minutes have bt
approved, the recording tape shall be retained by the Planning Director for a minimum period
one year. The Planning Director shall provide the blank recording tapes necessary to record
meetings.
4. Distribution of Minutes: A copy of the minutes of the meeting shall
furnished to each Commissioner prior to the subsequent meeting. Copies shall also be provic
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to the City Manager, City Attorney, City Council, Planning Director and any other individu
designated by the City Manager.
5. Availability to public:
a. The public may hear tape recordings of the Commission meetir
during office hours when it will not inconvenience the ordinary operation of the Planni
Department. Members of the public may purchase copies of the recording tapes for a fee in
amount as determined by the City Council by resolution. Commissioners will be provic
copies of the recording tapes upon request for their use only. The Commissioners shall return 1
recording tapes to the Planning Department after they have listened to them.
b. If any person wishes a transcription of the Planning Commissi
meeting, or any portion thereof, a request therefore shall be filed with the Planning Departmc
twenty-four hours prior to the meeting. If such a request is received, the Secretary of t
Planning Commission (the Planning Director) shall make arrangements to make and preser
such a record at the expense of the person making the request.
c. If any person desires to have a matter reported by a stenographer
court reporter, they may employ one directly at their expense or request that the Secretary oft
Planning Commission arrange, also at the requesting party’s expense, for a reporter. Any su
request shall be made in writing at least two full working days before the meeting. The Secret;
of the Planning Commission may require a deposit before making arrangements for any su
transcription.
J. CORRESPONDENCE
1. Available at meeting:
a. Correspondence received specific to an agenda item shall become
part of the record for that agenda item and be filed with the Minutes Clerk of the Commissio
Correspondence shall not be read aloud at a Commission meeting unless requested by a majori
vote of the Commission.
b. Sufficient copies of each item of correspondence shall be provided
that each Commissioner, Planning Director and City Attorney will have a copy in a time
manner. In addition, three additional copies for public inspection at the meeting shall i
provided.
2. Authority of Planning Director:
a. The Planning Director is authorized to open and examine all mail
other written communications addressed to the Planning Commission, except corresponden
addressed to individual Planning Commission members, and to give it warranted attention to t
end that all administrative business referred to in said communications and not requiri
Planning Commission action may be acted upon between Commission meetings provided that :
communications and any action taken pursuant thereto shall be reported to the Plannir
Commission.
b. Correspondence deemed to be of an important or urgent nature may 1
submitted for Commission consideration at a Planning Commission meeting.
K. CONDUCT OF BUSINESS: READINESS FOR MEETING: At the time set f
each regular meeting, each member of the Commission, the Planning Director, Minutes CleI
City Attorney and such department heads or others as have been requested to be present sh;
take their regular places in the Council Chambers. The business of the Commission shall 1
conducted in substantially the order and in the manner herein provided.
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L. CALL TO ORDER: The Chairperson, or in their absence the Vice-Chairperson, sh
take the chair at the hour appointed for the meeting and shall call the Commission to order.
the absence of the Chairperson and the Vice-Chairperson, the Planning Director shall call 1
Commission to order, whereupon a temporary Chairperson shall be elected by the Commissj
members present. Upon the arrival of the Chairperson or the Vice-Chairperson, the tempor;
Chairperson shall relinquish the chair at the conclusion of the business then before 1
Commission. Whenever the term ‘Chairperson’ is used in these rules, and the Chairperson
absent, it shall apply equally to the Vice-Chairperson, and if they are also absent, to 1
Chairperson elected pursuant to this section.
M. ROLL CALL: Before proceeding with the business of the Commission, the Minul
Clerk or Chairperson shall call the roll of the Commission Members and the names of thc
present shall be entered in the minutes.
N. ORDER OF BUSINESS: The order of business established on the agenda shall
followed unless the Chairperson, with the consent of a majority of the Commission, permits
matter to be taken out of the regular agenda order:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Approval of Minutes
5. Statement of Planning Commission Procedures
6. Comments from the public on items not listed in the Agenda
7. Continued Items
8. Public Hearing(s)
9. Non-public Hearing(s)
10. Planning Commission Member Comments
1 1. Planning Director Comments
12. City Attorney Comments
13. Adjournment.
111. GENERAL MEETING RULES:
A. GENERAL DECORUM:
1. Commission and City Staff: While the Commission is in session, t
Commissioners and City Staff shall observe good order and decorum. A member shall neith
by conversation or otherwise delay or interrupt the proceedings or the peace of the Commissic
nor disturb any member while speaking or refuse to obey the directives of the Chairperson.
2. Audience: Members of the public attending Commission meetings sh;
observe the same rules of order and decorum applicable to the Commissioners and City Sta
Any person making impertinent and slanderous remarks or who becomes boisterous whi
addressing the Commission or while attending the Commission’s meeting shall be removed fro
the room if the Sergeant-At-Arms (the Police Chief) is so directed by the Chairperson, and SUI
person may be barred fi-om further audience before the Commission. Unauthorized remarks fro
the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permittc
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by the Chairperson, and if such conduct continues, the Chairperson shall direct the Sergeant-l
Arms to remove such offenders from the room.
3. Enforcement of Decorum:
a. The Police Chief or such other person as he/she may designate shall
Sergeant-At-Arms of the Commission. The Sergeant-At-Arms shall be available on an on c
basis for regular and adjourned meetings.
b. Any member of the Commission or other person using vulgar, profa
loud or boisterous language at any meeting or otherwise interrupting the proceedings of
Commission, or who refuses to carry out orders and instructions given by the Chairperson for
purpose of maintaining order and decorum at the Commission meeting, or who intern11
proceedings, shall upon conviction be deemed guilty of a misdemeanor.
B. REOUESTS TO ADDRESS COMMISSION ON NON-PUBLIC HEARING ITEM
1. It is the policy of the Commission to permit limited presentations by membl
of the public on non-public hearing agenda items. The Chairperson may in the absence
objection by a majority of the Commissioners present, decline to permit such presentations
any particular non-public hearing item.
2. Any person or group of persons desiring to address the Commission on a nc
hearing matter must file with the Planning Director a written request for permission to addn
the Commission in advance of the Commission’s consideration of the item. The Chairpers
may grant consent to address.
3. Each person desiring to address the Commission shall approach the podiu
state their name and address for the record, state the subject they wish to discuss, state whc
they are representing if they represent an organization or other persons, and unless further time
granted by majority vote of the Commission, shall limit their remarks to five minutes. I
remarks shall be addressed to the Commission as a whole and not to any one member therec
No questions shall be asked of a Commissioner or a member of the City Staff without permissil
of the Chairperson. The Chairperson shall not permit any communication, oral or written, to
made or read that does not bear directly on the agenda item then under discussion.
4. No person shall address the Commission without first securing the permissil
of the Chairperson.
5. After a motion has been made, no member of the public shall address t
Commission from the audience on the matter under consideration without first securi
permission by a majority vote of the Commission to do so.
C. ADDRESSING THE COMMISSION - SPOKESPERSON FOR GROUP (
PERSONS:
1. In order to expedite matters and to avoid repetitious presentations, whenev
any group of persons wishes to address the Commission on the same subject matter, it shall
proper for the Chairperson to require that a spokesperson be chosen from the group to address t
Commission. If additional matters are to be presented by any other members of the group, t
Chairperson may limit the number of such persons and limit the presentation to information 1:
already presented by the group spokesperson.
limited to a total presentation period of five minutes. Further time may be granted by majon
vote of the Commission.
2. For items other than those set for public hearing, groups of persons shall
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IV. PUBLIC HEARINGS:
A. WHEN HELD:
1. Whenever by law the Commission is required to hold a public hearing on a
matter before it, such hearing will be held in accordance with the rules and procedures set fo
in this resolution. Nothing herein shall prohibit or limit the Commission from holding a pub
hearing on the matter before it, whether required by law or not. Nothing herein shall prohibit
limit any member of the public from addressing the Commission in accordance with 1
procedures provided for in these rules irrespective of whether or not a public hearing is held,
2. All public hearings shall be scheduled to begin at a time certain which shall
the hour the Commission convenes. The Commission shall hold such hearings in order,
accordance with the schedule on the agenda at that time or as soon thereafter as practicable.
B. PROCEDURE AND ORDER OF BUSINESS:
1. The Chairperson shall announce that it is the time and place for a pub
hearing scheduled on the agenda.
2. Prior to all Commission public hearings copies of the Commission’s agen
with attachments, including the staff report, if any, shall be available at the Office of t
Planning Director at least twenty-four hours prior to commencement of the hearing; providc
however, the Commission may allow in its discretion the filing of supplemental materials whi
shall be made public at the commencement of the hearing. Any materials presented to t
Commission which have not previously been made available for public inspection shall be ma
available as soon after the meeting as practicable.
3. The order of the hearing shall be as follows unless otherwise required by lau
a. Presentation of Staff Report
b. Questions from the Commission to Staff
c. Presentation, if any, by the Applicant (limited to 15 minutes or at t
d. Questions from the Commission to the Applicant
e. Testimony of Public
f. Response of Applicant
g. Termination of public testimony
h. Discussion by Commission -- Further Questions of Staff
i. Planning Commission Vote
j . Public Hearing Closed.
discretion of the Chairperson)
4. The Commissioners should raise issues or concerns during the course of
public hearing so that the applicant or the public has an opportunity to address those issues. Ij
proposed condition is discussed for the first time after the public testimony is closed, t:
Chairperson shall allow sufficient time to the applicant to address the change or additic
Members of the general public shall also be allowed to address the change if directly impacted 1
the proposed condition.
5. The provisions for addressing the Commission spelled out in Sections-IV.
and C shall apply to persons testifying at public hearings except that a written request to spe
shall not be required.
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1 6. The Chairperson may, dependent upon the necessity for ensuring adequ;
presentation of testimony and evidence to provide a fair hearing, set longer time limits th 2 otherwise may be applicable for the hearing.
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C. EVIDENCE:
1. During the public hearing the Commission shall receive oral or writt
evidence relevant to the matter being considered which shall become part of the reco:
However, the rules of evidence as established by the Evidence Code for the State of Califon
shall be substantially relaxed in order to afford a full presentation of the facts essential
judicious consideration by the Commission of the matter which is the subject of the pub
hearing. The validity of any Commission action shall not be jeopardized by failure on the part
the Commission to strictly enforce rules of evidence or to reject matters which may be irrelev:
Any person, other than a member of the Commission, who wishes to direct question(s) to
witness or staff shall submit such question(s) to the Chairperson who may ask the question(s)
the witness or staff. The Chairperson may at their discretion restrict the number and nature
any questions asked pursuant to this section.
2. If there is a Staff Report it shall be considered as evidence and shall becomt
part of the record of a public hearing. Such report need not be read in full as part of the St;
presentation. A synopsis of such report may be presented orally by staff members to t
Commission. In addition, any of the following may be presented to the Commission and,
presented, shall also become part of the record:
a. Exhibits and documents used by the City Staff and any perso
participating in the hearing.
b. Maps and displays presented for use at the hearing, provided th
whenever practicable, they shall be displayed in full view of the participants and the audience.
c. All communications and petitions concerning the subject matter of tl
hearing provided that a reading of such matters only shall be had at the request of
Commissioner.
d. Information obtained outside the Council Chambers, such as view
the site, provided such information, to the extent it is relied upon, shall be disclosed for t:
record, including disclosure of ex parte contacts with Commissioners, so proponents a~
opponents can be aware of the potential basis for decision, and clarify or rebut, prior to decisior
e. All exhibits, reports, maps and other physical evidence placed befo
the Commission shall be retained by the Secretary of the Planning Commission as public recorc
Such exhibits may be released by the Secretary with the approval of the City Attorney.
D. CONTINUATION: At any time that it appears to the Chairperson or a majority
the Commission through the Chairperson, that inadequate evidence has been presented to affo
judicious consideration of any matter before the Commission at the time of a public hearing,
for other just cause, a continuation of said hearing may be ordered to afford the applicant, tl
public, or the City Staff adequate time to assemble additional evidence for the Commission
consideration. Any continuation ordered by the Commission through its Chairperson may be tc
date certain, which said date shall be publicly announced in the Council Chambers and sh;
constitute notice to the public of the time and place that further evidence will be taken. P
further notice is necessary; however, the continuation may be to a date uncertain, in which case
shall be announced that the matter will be renoticed. If the hearing is continued to a time le
than 24 hours after the time specified in the notice of hearing, a copy of the notice of continuant
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2 was made. The public announcements provided for herein shall constitute notice to the applici
of hearing shall be posted immediately following the meeting at which the order of continuar
and public of time and place when further evidence will be taken by the Commission. 7
Commission shall also have the option to set the matter to a new hearing. 3
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E. TERMINATION OF PUBLIC TESTIMONY: When the public has no furt:
evidence to present, when in the opinion of the Chairperson no new public evidence is bel
presented or when in the opinion of the Chairperson the evidence is not substantive, the Ch
may close the presentation of evidence.
F. DECISION:
1. When neither the applicant, the public, nor the City Staff have furtl
evidence to produce, or when in the opinion of the Chairperson sufficient evidence has be
presented, no fkrther evidence either oral or written will be accepted by the Commissic
provided, however, that this rule may be relaxed by the Chairperson or the majority of 1
Commission through the Chairperson when it appears that good cause exists to hear furtl
evidence concerning the matter which is the subject of the public hearing. The Commission sh
consider all evidence properly before it in accordance with these procedures. The Commissi
shall then act upon the item. The Commission may instruct the Planning Director to return w:
the documents necessary to effect the decision, including findings as may be appropriate to t
matter. Upon return of such documents, the Commission shall determine if the findings 2
supported by the evidence before it at the hearing and if the decision is supported by the findin
and, after making any changes, render its decision by taking action on the documents. T
Commission’s decision is not final until adoption of the documents.
2. A Commissioner who was absent from all or a part of a public hearing sh
not participate in a decision on the matter unless they have examined all the evidence includi
listening to a recording of the oral testimony, if a recording is made, or listening to a recording
the minutes or reading a transcription of same, and can represent that they have a f
understanding of the matter.
G. CLOSING: Following a vote by the Commission, the Chairperson shall close tl
public hearing.
H. REOPENING: A public hearing on any matter once closed cannot be reopened t
the date set for hearing unless the Chairperson determines that all persons who were prese
when the hearing closed are still present. Nothing herein, however, is intended to prevent
prohibit the reopening of a public hearing at any subsequent regular or special meeting of t
Commission. No public hearing may be reopened without due and proper notice being given
the applicant and the public designating the time and place of said opening.
V. PARLIAMENTARY PROCEDURES
A. ROBERT’S RULES OF ORDER: If a matter arises at a Commission meeting whic
is not covered by this Chapter or applicable provisions of Federal or State law or the Carlsb;
Municipal Code, the procedures of the Commission shall be governed by the latest revisc
edition of Robert’s Rules of Order, which is incorporated herein by this reference.
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B. PARLIAMENTARY RULES FOR INDIVIDUAL COMMISSIONERS:
Robert’s Rules of Order (latest edition), shall apply except in those instances specific2
addressed below.
1. Gaining the Floor: Every Commissioner desiring to speak shall first addr
the Chair, gain recognition by the Chairperson, and shall confine themselves to the quest1
under debate, avoiding reference to character and indecorous language.
2. Questions to Staff: Every Commission member desiring to question the C
Staff shall, after recognition by the Chairperson, address their question to the appropriate St
member or to the Planning Director or City Attorney. Questions shall be limited to inquir
relevant to the item.
3. Interruptions: A Commissioner, once recognized, shall not be interrup
when speaking unless called to order by the Chairperson, or unless a point of order or perso
privilege is raised by another Commissioner, or unless the Commissioner having the flc
chooses to yield to a question by another Commission member. If a Commissioner wh
speaking is called to order, he/she shall cease speaking until the question of order is determin
and, if determined to be in order, he/she may proceed. Members of the City Staff, af
recognition by the Chairperson, shall hold the floor until completion of their remarks or ur
recognition is withdrawn by the Chairperson.
4. Point of Order: The Chairperson shall determine all points of order subject
the right of any Commissioner to request full Commission ruling and the question shall 1
“Shall the decision of the Chairperson be sustained?” A majority vote shall conclusivc
determine such question of order.
5. Point of Personal Privilege: The right of a Commissioner to address 1
Commission on a question of personal privilege shall be limited to cases in which their integrir
character or motives are questioned or where the welfare of the Commission is concerned.
Commissioner raising a point of personal privilege may interrupt another Commissioner who h
the floor only if the Chairperson recognizes the privilege.
6. Calling the Question: A member of the Commission who wishes to terminz
discussion of a motion may call for the question. If the call is seconded, the Chairperson sh;
ask for a vote. A majority vote is required. If the call carries, the Commission shall then vote 1
the motion without further discussion.
7. Protest Against Commission Action: Any Commissioner shall have the rig
to have the reasons for their dissent from or their protest against any action of the Commissic
entered in the minutes. Such dissent or protest to be entered in the minutes shall be made
substantially the following manner: “I would like the minutes to show that I am opposed to tk
action for the following reasons.. .”
C. MOTIONS, GENERAL:
1. A motion is the formal statement of a proposal or question to the Comrnissi(
for consideration and action. Every Commissioner has the right to present a motion. A motion
generally considered in the nature of direction or instruction. However, a motion will general
suffice unless a resolution is specifically called for by law or unless there is some reason f;
desiring the particular action formalized by separate instrument.
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2. If the motion contains two or more divisible propositions, the Chairpers
3. If a motion is properly made the Chairperson shall call for a second. I
4. When a motion is made the Chairperson may request staff to restate 1
5. A motion, once before the Commission, may not be withdrawn by the mal
may divide the same.
further action is required on a motion which does not receive a second.
motion before a vote.
without the consent of the second.
D. PRECEDENCE OF MOTIONS:
1. When a main motion is before the Commission, no motion shall
entertained except the following, which shall have precedence, one over the other, in t
following order:
a. Adjourn
b. Recess
c. Table
d. Call the Question (Previous Question)
e. Limit or Extend Debate
f. Refer to Committee or Staff
g. Substitute
h. Amend
i. Withdraw
j. Postpone
k. Continue
k. Minute Motion
1. Main Motion.
2. The order of preference in Section 1. above is subject to the followil
a. A motion shall not be in order which repeats a motion mal
previously at the same meeting unless there has been son
intervening Commission action or discussion.
b. A motion shall not be in order when the previous question has bel
called.
c. A motion shall not be in order while a vote is being taken.
d. A motion shall not be in order when made as an interruption of
restrictions:
Commissioner while speaking.
E. PARTICULAR MOTIONS, PURPOSE AND CRITERIA: The purpose and salie
criteria of the motions listed in Section B are as follows:
Purpose: To terminate a meeting.
1. Adiourn:
Debatable or Amendable: No, except a motion to adjourn to another tin
is debatable and amendable as to the time to which the meeting is to 1
adjourned.
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Second Required: Yes
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2. Recess:
Purpose: To permit an interlude in the meeting and to set a definite til
for continuing the meeting.
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Debatable or Amendable: Not debatable, but is amendable.
Second Required: Yes
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Maiority vote
3. Table:
Purpose: To set aside, on a temporary basis, a pending main motil
provided that it may be taken up again for consideration during the curre
meeting or at some future regular meeting.
Debatable or Amendable: No
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Second Required: Yes
4. Call the Question (Previous Question):
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Purpose: To prevent or stop discussion on the pending question
questions and to bring such question or questions to vote immediately.
the motion passes, a vote shall be taken on the pending motion or motior
Debatable or Amendable: No.
Second Required: Yes
Two-thirds vote
5. Limit or Extend Debate:
Purpose: To limit or determine the time that will be devoted to discussic
of a pending motion or to extend or remove limitations already imposc
on its discussion.
Debatable or Amendable: Not debatable; amendments are restricted
period of time of the proposed limit or extension.
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Second Required: Yes
Two-thirds vote
6. Refer to Committee or Staff:
Purpose: To refer the question before the Commission to a Committee
to the City Staff for the purpose of investigating or studying the propo
and to make a report back to the Commission. If the motion fa1
discussion or vote on the question resumes.
Debatable or Amendable: Yes.
Second Required: Yes
Majority vote
7. Substitute Motion:
Purpose: To strike out one main motion and insert another main motion
its place, which may be done so long as it is related to the subject oft
original motion.
Debatable or Amendable: The substitute motion is left unacted on un
Commissioners have the opportunity to perfect the main motion '
amendments if desired. The substitute motion is debatable and subject
amendment. After amendments have been offered, the substitute motil
is voted upon and, if adopted, strikes the main motion.
Second Required: Yes
Maiority vote
8. Amend:
Purpose: To modify or change a motion that is being considered by f
Commission so that it will express more satisfactorily the will of t:
members. If the motion passes, then the main motion should be voted (
as amended.
Debatable or Amendable: It is debatable unless applied to an undebatak
main motion. It is amendable.
Second Required: Yes
Maiority vote
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9. Withdraw:
Purpose: If circumstances arise after a motion has been made whi
causes the maker of the motion to wish to withdraw the motion, then t
maker of the motion may withdraw the motion unless there is an objecti
to the withdrawal, in which case the matter of withdrawal would
subject to a vote of the Commission.
Debatable or Amendable: No
Second Required: Yes, when the matter of withdrawal is subject to a v(
of the Commission
Majority vote
10. Postpone/Continue:
Purpose: To prevent further discussion and voting on the main moti
until a future date or event. If the motion fails, discussion and voting
the main motion resume. If it passes, the subject of the main motion sh
not be brought up again until the specified date or event.
Debatable or Amendable: Yes
Second Required: Yes
If made before there is a main motion pending, then maiority vote.
made after there is a main motion pending then two-thirds vote.
10. Continue:
Purpose: To postpone a pending question to a date certain or to a d:
uncertain prior to making a main motion.
Debatable or Amendable: Yes.
Second Required: Yes
Two-thirds vote
1 1. Minute Motion:
Purpose: To make a permanent record and enter into the minutes t
action of the Commission regarding any item properly before it. Su
action may include, but not be limited to, recommendations to the C-
Council, approving and accepting reports, determining conformity
proposed public works projects, acquisitions or dispositions of propel
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and the construction of buildings with the adopted general plan or su
other and further action as determined by the Commission which does r
require a written resolution. A minute motion shall not substitute fol
resolution.
Debatable or Amendable: Yes.
Second Required: Yes
Majority vote
12. Main Motion:
Purpose: The primary proposal or question before the Commission 1
discussion and decision.
Debatable or Amendable: Yes.
Second Required: Yes
Majority vote
VI. RESOLUTIONS:
A. COMMISSION ACTION: Formal Commission action on all items before it shall 1
made by resolution. When necessary the resolution shall contain appropriate findings a~
declarations.
B. ADOPTION:
1. Where a particular resolution has been prepared and is before tl
Commission, it shall be adopted by motion, second, discussion and vote. It is not necessary
read the resolution by title or in full provided it is identified by the Chairperson. Upon request
any member of the Commission, the resolution shall be read by title or in full.
2. Where a particular resolution has not been prepared, a motion to direct tl
Planning Director to prepare the document and return it to the Commission is in order.
3. Where necessary, a resolution may be presented verbally in motion fol
together with instructions for written preparation. Upon execution of such a resolution, it sh,
become an official action of the Commission.
VII. CORRECTIONS OF DOCUMENTS: Upon occasion, resolutions or other documen
are submitted in draft form or on-the-spot amendments occur, or typographical or other technic
errors are found which necessitate retyping of the document. Such redraft, when proper
executed, shall become the original document.
VIII. FAILURE TO OBSERVE PROCEDURES: These rules are adopted to expedite tl
transaction of the business of the Commission in an orderly fashion and are deemed to 1
procedural only. The failure to strictly observe such rules shall not affect the jurisdiction of tl
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Commission or invalidate any action taken at a meeting if it is otherwise held in conformity w
law.
IX. RALPH M. BROWN ACT: The provisions of the Ralph M. Brown Act as may
amended from time to time are incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planni
Commission of the City of Carlsbad, held on the 3rd day of May, 2000, by the following vote,
wit:
AYES: Chairperson Compas, Commissioners Segall, Baker, L’Heureux
Trigas and Heineman
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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