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HomeMy WebLinkAbout2006-06-07; Planning Commission; Resolution 61001 PLANNING COMMISSION RESOLUTION NO. 6100 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING PLANNING 3 COMMISSION PROCEDURES 4 The Planning Commission of the City of Carlsbad hereby resolves as follows: 5 The Planning Commission is charged with reviewing for conformance with law 6 and city policy all land use developments, elements of the general plan, City ordinances, local facilities management plans, capital improvement programs and other plans and programs ' requiring discretionary approval within the City of Carlsbad. Projects are reviewed for o consistency with the general plan, zoning, the growth management plan, local facilities management plans, and the local coastal program, among other things. 9 In reaching its decisions, the Commission must at all times be sensitive to citizen 10 concerns as expressed in public hearings and public correspondence, while at the same time ensuring the long-term welfare of the City and acting with consistency and continuity in its 1 * application of the law and City policies. In the same manner, the Commission must weigh the . _ needs and desires of applicants who come before it. 13 To assist them in reaching their decisions, the Commissioners will receive ongoing technical and background information and guidance from the staff, including instruction 14 on matters of policy, City standards and procedures, City Council decisions and staffs recommendations as to what provides the greatest benefit to the citizens of Carlsbad. The 15 Commissioner's are also expected, on their own initiative, to take such additional steps as they . f feel necessary to discharge their duties in a well-informed and conscientious manner.16 Y] The Commission's actions are final in some instances, and in matters reserved by the Council, advisory only. The goal of the Commission in all matters is to act in the best 18 interests of the City of Carlsbad and its citizens as a whole. 19 The following procedures and rules for the conduct of Planning Commission Meetings are adopted: 21 Sections: 22 I. Officers: A. Terms, how elected23B. Powers and duties of Chairperson 24 II. Meetings of the Planning Commission A. Types of meetings: 25 1. Regular 26 2. Special 3. Study sessions or workshops 27 B. Meetings to be public C. Adjourned meetings D. Quorum 2 E. Voting: 1. Procedures 3 2. Disqualification for conflict of interest 3. Failure to vote44. Changing vote 5 F. Reconsideration G. Meeting Agenda: 1. How and when prepared 7 2. Preparation of resolutions H. Items not on the AgendaoI. Meeting Minutes: 9 1. Reading only by request 2. How prepared and recorded 3. Recording of meetings 4. Distribution of minutes 5. Availability to public 12 j. Correspondence: 1. Available at meeting 2. Authority of Planning Director 14 K. Conduct of business: readiness for meeting L. Call to order M. Roll call 16 N. Order of business III. General meeting rules:17 A. General decorum 18 1 • Commission and City Staff 2. Audience193. Enforcement of decorum 20 B. Requests to address Commission on non-public hearing items C. Addressing the Commission: Spokesperson for group of persons 21 IV. Public Hearings: 22 A. When held B. Procedure and order of business 23 C. Evidence 24 D. Continuation E. Termination of public testimony 25 F. Decision G. Closing H. Reopening 27 28 PCRESONO. 6100 -2- V. Parliamentary Procedures A. Robert's Rules of Order B. Parliamentary rules for individual Commissioners: 3 1. Gaining the floor 2. Questions to staff 3. Interruptions 5 4. Point of order 5. Point of personal privilege 6. Privilege of closing debate 7 7. Calling the questions 8. Protest against Commission action C. General motions 9 D. Precedence of motions E. Particular motions, purpose and criteria: 10 1. Adjourn 2. Recess 3. Table 12 4. Call the question (Previous Question) , 0 5. Limit or Extend debate 6. Refer to Committee or Staff 14 7. Substitute motion 1 ^ 8. Amend 9. Withdraw 16 10. Postpone 11. Continue 12. Minute motion 18 13. Main motion VI. Resolutions: A. Commission action 20 B. Adoption VII. Correction of documents 21 VIII. Failure to observe procedures 22 IX. Ralph M. Brown Act 23 I. OFFICERS: 24 A. TERMS. HOW ELECTED: The Planning Commission shall elect from among its appointed members a Chairperson and Vice-Chairperson to serve for a term of one year. Elections shall be held at a regular meeting at the end of the calendar year, and the elected Chair 26 and Vice Chair shall assume their respective offices at the January meeting. A Commissioner must serve one year before being elected Chair. 27 28 PCRESONO. 6100 -3- 1 B. POWERS AND DUTIES OF CHAIRPERSON: ~ 1. The Chairperson of the Commission shall be the Presiding Officer at all meetings of the Planning Commission. 3 2. The Chairperson may move, second debate, and vote from the Chair. The Chairperson shall not be deprived of any of the rights and privileges of a Commissioner by 4 reason of acting as Chairperson. <- 3. The Chairperson, or such person as the Chairperson may designate, may verbally restate each motion immediately prior to calling for the vote. Following the vote the Chairperson shall announce whether the motion carried or was defeated. 4. The Chairperson shall be responsible for the maintenance of order and 7 decorum at all meetings, and shall decide all questions of order and procedure, subject, however, to an appeal to the Commission, in which case the matter shall be determined by majority vote of the Commission. 9 5. The Chairperson shall sign all resolutions and other documents requiring their signature which were adopted in their presence unless he or she is unavailable, in which case an 10 alternate Chairperson may sign such documents. 11 II. MEETINGS OF THE PLANNING COMMISSION: 12 A. TYPES OF MEETINGS: 1. Regular Meetings: The Planning Commission shall hold regular meetings on the first and third Wednesday of each month at the hour of 6:00 PM, in the Council Chambers at the City Hall, 1200 Carlsbad Village Drive, Carlsbad, or such other place as shall be duly i c noticed. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the Council Chambers, the meetings may be held for the duration of the emergency at such other place as 16 designated by the Chairperson of the Commission, or if the Chairperson fails to act, by a majority of the quorum of the Commission. When the day for any regular meeting falls on a legal holiday, 17 such meeting shall be held at the same hour and place on the next succeeding day not a holiday or such other time as designated by the Planning Commission. At least 72 hours before a regular meeting, the agenda of the meeting shall be posted in a location that is freely accessible to members of 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 time by the 20 Chairperson or by four members of the Planning Commission by delivering personally or by mail, FAX or email, written notice to each Commissioner and to each local newspaper of general 21 circulation, radio and television station having filed written request for such notice. Such notice must be delivered at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the 23 business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with in the case of any Commissioner who at or prior to the time the 24 meeting convenes files with the Planning Director a written waiver of notice. Such waiver may be given by telegraph, FAX or email. Such written notice may also be dispensed with in the case 25 of any Commissioner who is actually present at the meeting at the time it convenes. Notice of the special meeting shall be posted at least 24 hours prior to the meeting in a location that is freely accessible to members of the public. 27 28 PCRESONO. 6100 -4- 1 3. Study Session or Workshop: The Commission may from time to time adjourn to meet in study sessions. The purpose of such sessions shall be for hearing reports from the staff and reviewing, discussing and debating matters of interest to the Planning Commission. No 2 official action shall be taken at a study session. Study sessions shall be considered public meetings, in accordance with the Ralph M. Brown Act, and shall be open to the public. 4 However, the comments of the public in such session shall be subject to the discretion of the Chairperson. 5 B. MEETINGS TO BE PUBLIC: All meetings of the Planning Commission shall be open to the public and meetings of standing advisory committees with continued subject matter 7 jurisdiction or a meeting schedule fixed by resolution or other formal action of the Planning Commission, and composed of only less than a quorum of Planning Commission members, shall 8 also be open to the public and subject to the Ralph M. Brown Act. 9 C. ADJOURNED MEETINGS: All meetings may be adjourned to a time, place and , Q date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Meetings may be adjourned by the Chairperson by a simple declaration thereof in 11 the absence of a protest by any Commissioner. Meetings may also be adjourned upon the making and seconding of such a motion in accordance with the procedures on motions established by this 12 resolution. If a quorum is not present, less than a quorum may so adjourn a meeting. If all members of the Commission are absent, the Planning Director shall declare the meeting 13 adjourned to a stated time and place and shall cause a written notice of the adjournment to be .. given in the same manner as provided for Special Meetings. When any meeting is adjourned the Planning Director shall post notice of such adjournment on the Council Chamber door within 15 twenty-four hours after the time of the adjournment. 16 D. QUORUM: Four members of the Commission shall constitute a quorum for the transaction of business. Less than a quorum may adjourn from time to time. Where there is not quorum, the Chairperson, Vice Chairperson or any member of the Commission shall adjourn 10 such meeting, or if no member of the Commission is present, the Planning Director shall adjourn the meeting. For the purpose of considering any item subject to vote of the Commission, when a 19 member of the Commission is disqualified due to a conflict of interest, their presence shall not be considered in determining the presence of a quorum. Consideration on such item shall be 20 deferred until a quorum of non-interested Commissioners is present to discuss and vote on it, if a disqualification reduces those in attendance to less than a quorum. 22 E. VOTING: 1. Procedures: Voting shall be conducted by the use of the voting light system 23 installed in the Council Chambers. A green light designates a 'Yes or Affirmative' vote; a red light designates a 'No or Negative' vote; and a white light designates a vote to 'Abstain'. The Commission may at any time, or from time to time, dispense with the voting light system by ~<- show of hands or by voice vote until such time as a determination is made to again use the voting light system, or some other system. 26 When the Commission is voting by a show of hands, the Chairperson shall ask that all persons voting in favor of the matter raise their hands; then ask for a show of hands by all 27 persons voting against the matter, and lastly a show of hands of those voting to abstain. When 28 PCRESONO. 6100 -5- 1 the Commission is voting by voice vote, an affirmative vote shall be registered by the oral statement of 'YES' or 'AYE' by the Commissioner; a negative vote shall be registered by the 2 oral statement of 'NO' or 'NAY'; and an abstention by registering 'YES' or 'AYE' by the Commission Member voting. 2. Disqualification for conflict of interest: If a Commissioner has reason to think 4 a conflict of interest may exist, he/she shall give the facts of the matter to the City Attorney and request advice thereon prior to the meeting. 5 Any Commissioner who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Chairperson state the nature of such disqualification in the open Commission meeting. A Commissioner who is disqualified by reason of a conflict of interest in any matter shall request and be given the permission of the Chairperson to step down from the Commission seat and leave the chamber. A Commissioner stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. 3. Failure to vote: Every Commissioner should vote unless disqualified by reason of conflict of interest. A Commissioner who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon. \ 4. Changing vote: A Commissioner may change his/her vote only if a timely request to do so is made immediately following the announcement of the vote by the Chairperson 12 and prior to the time the next item in the order of business is taken up. A Commissioner who publicly announces that he/she is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention. 14 F. RECONSIDERATION: 15 1. A motion to reconsider any action taken by the Commission may be made only at the meeting such action was taken, and with the applicant present. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion 1 „ may be made only by one of the Commissioners who voted with the prevailing side. Nothing herein shall be construed to prevent any Commissioner from making or remaking the same or any I g other motion at a subsequent meeting of the Commission. 2. A motion to rescind, repeal, cancel or otherwise nullify prior Commission 19 action shall be in order at any subsequent meeting of the Commission. The effect of such action shall operate prospectively and not retroactively and shall not operate to adversely affect individual rights which may have vested in the interim. 21 G. MEETING AGENDA: 22 1. How and when prepared: In order to facilitate the orderly conduct of the business of the Commission, an agenda shall be prepared for each regular meeting containing the specific items of business to be transacted and the order thereof. Items of business may be placed 24 on the agenda by the direction of a member of the Commission, the Planning Director or the City Attorney. Whenever feasible, each item on the agenda shall contain the project name and case 25 number, location (within the city), brief description, the specific Commission action requested and a staff recommendation. At least 72 hours before a regular meeting, the agenda of the 26 meeting shall be posted in a location that is freely accessible to members of the public. 27 28 PCRESONO. 6100 -6- 1 2. Preparation of Resolutions: All resolutions shall be prepared by the Planning Director or City Attorney. No resolution shall be presented to the Commission unless its form 2 has been approved by the City Attorney. This approval need not be indicated on the resolution. 3 H. ITEMS NOT ON THE AGENDA: 4 1. Every agenda for a regular meeting shall provide an opportunity for members of the public to directly address the Commission on items of interest to the public, provided that 5 no action shall be taken on any item not appearing on the agenda. This part of the agenda shall , be limited to 15 minutes,o 2. No action or discussion shall be undertaken on any item not appearing on the 7 posted agenda except that members of the Planning Commission or City staff may briefly respond to statements made or questions posed by persons exercising their public testimony 8 rights under Section 54954.3 of the Government Code. In addition, on their own initiative, or in response to questions posed by the public, a member of the Planning Commission or City staff " may ask a question for clarification, make a brief announcement, or make a brief report on their . ^ own activities. Furthermore, a member of the Planning Commission, or the Commission itself, subject to rules or procedures of the Commission, may provide a reference to staff or other 11 resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future 12 agenda. Additionally, no action or discussion shall be undertaken on any item not appearing on the posted agenda unless one of the following conditions exist: a. Upon a determination by a majority vote that an emergency exists. 14 b. Upon a determination by a two-thirds vote (or unanimous vote if less than two-thirds are present), that there is a need to take action which came to the attention of the 15 City subsequent to the agenda being posted. c. The item was posted for a prior meeting occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was 17 continued to the meeting at which action is being taken. 18 I. MEETING MINUTES: 1. Reading only by request: Unless the reading of the minutes of a meeting is requested by a member of the Commission, the minutes may be approved without reading if each 20 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 by 21 the Minutes Clerk and shall be neatly typewritten and retained on file in the Planning Department, with a record of each particular type of business transacted set off in paragraphs, 22 with proper sub-heads. The Minutes Clerk shall be required to make a record of the summary of _- the presentation and Commission questions and discussion of such business as was actually passed upon by a vote of the Commission and shall not be required to make a verbatim transcript 24 of the proceedings, and provided, further, that a record shall be made of the names and addresses given by persons addressing the Commission, the title of the subject matter to which their 25 remarks 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 an 26 abstract of their statement on any subject under consideration by the Commission entered in the minutes. If there is no objection from any member of the Commission, such statement shall be entered in the minutes. 28 PCRESONO. 6100 -7- 1 3. Recording of Meetings: The Minutes Clerk may tape record Planning Commission meetings. The tape recordings shall be retained by the Minutes Clerk until such time as the minutes have been approved by the Commission. After the minutes have been T approved, the recording tape shall be retained by the Planning Director for a minimum period of one year. The Planning Director shall provide the blank recording tapes necessary to record the 4 meetings. 4. Distribution of Minutes: A copy of the minutes of the meeting shall be furnished to each Commissioner prior to the subsequent meeting. Copies shall also be provided to the City Manager, City Attorney, City Council, Planning Director, and any other individuals designated by the City Manager. 7 5. Availability to public: a. The public may hear tape recordings of the Commission meetings during office hours when it will not inconvenience the ordinary operation of the Planning Department. Members of the public may purchase copies of the recording tapes for a fee in an amount as determined by the City Council by resolution. Commissioners will be provided copies 10 of the recording tapes upon request for their use only. The Commissioners shall return the recording tapes to the Planning Department after they have listened to them. 11 b. If any person wishes a transcription of the Planning Commission meeting, or any portion thereof, a request therefore shall be filed with the Planning Department twenty-four hours prior to the meeting. If such a request is received, the Secretary of the Planning Commission (the Planning Director) shall make arrangements to make and preserve such a record at the expense of the person making the request. 14 c. If any person desires to have a matter reported by a stenographer or court reporter, they may employ one directly at their expense or request that the Secretary of the Planning Commission arrange, also at the requesting party's expense, for a reporter. Any such request shall be made in writing at least two full working days before the meeting. The Secretary of the Planning Commission may require a deposit before making arrangements for any such transcription. 18 J. CORRESPONDENCE: 1. Available at meeting: a. Correspondence received specific to an agenda item shall become a part of the record for that agenda item and be filed with the Minutes Clerk of the Commission. Correspondence shall not be read aloud at a Commission meeting unless requested by a majority vote of the Commission. b. Sufficient copies of each item of correspondence shall be provided so 22 that each Commissioner, Planning Director and City Attorney will have a copy in a timely manner. In addition, three additional copies for public inspection at the meeting shall be provided. 24 2. Authority of Planning Director: a. The Planning Director is authorized to open and examine all mail or 25 other written communications addressed to the Planning Commission, except correspondence addressed to individual Planning Commission members, and to give it warranted attention to the end that all administrative business referred to in said communications and not requiring ~_ Planning Commission action may be acted upon between Commission meetings provided that all 28 PCRESONO. 6100 -8- 1 communications and any action taken pursuant thereto shall be reported to the Planning Commission.2 b. Correspondence deemed to be of an important or urgent nature may be submitted for Commission consideration at a Planning Commission meeting. K. CONDUCT OF BUSINESS: READINESS FOR MEETING: At the time set for each regular meeting, each member of the Commission, the Planning Director, Minutes Clerk, City Attorney and such department heads or others as have been requested to be present shall take their regular places in the Council Chambers. The business of the Commission shall be conducted in substantially the order and in the manner herein provided. 7 L. CALL TO ORDER: The Chairperson, or in their absence the Vice-Chairperson, shall 8 take the chair at the hour appointed for the meeting and shall call the Commission to order. In the absence of the Chairperson and the Vice-Chairperson, the Planning Director shall call the Commission to order, whereupon a temporary Chairperson shall be elected by the Commission members present. Upon the arrival of the Chairperson or the Vice-Chairperson, the temporary Chairperson shall relinquish the chair at the conclusion of the business then before the Commission. Whenever the term 'Chairperson' is used in these rules, and the Chairperson is absent, it shall apply equally to the Vice-Chairperson, and if they are also absent, to the 1 2 Chairperson elected pursuant to this section. M. ROLL CALL: Before proceeding with the business of the Commission, the Minutes 14 Clerk or Chairperson shall call the roll of the Commission Members and the names of those present shall be entered in the minutes. 15 N. ORDER OF BUSINESS: The order of business established on the agenda shall be followed unless the Chairperson, with the consent of a majority of the Commission, permits a . 7 matter to be taken out of the regular agenda order: 1. Call to Order 18 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes 20 5. Statement of Planning Commission Procedures 6. Comments from the public on items not listed in the Agenda 7. Continued Items 22 8. Public Hearing(s) 9. Non-public Hearing(s)23 10. Planning Commission Member Comments 24 11. Planning Director Comments 12. City Attorney Comments 13. Adjournment. 26 27 28 PCRESONO. 6100 -9- 1 III. GENERAL MEETING RULES; 2 A. GENERAL DECORUM: 3 1. Commission and City Staff: While the Commission is in session, the Commissioners and City Staff shall observe good order and decorum. A member shall neither by 4 conversation or otherwise delay or interrupt the proceedings or the peace of the Commission nor disturb any member while speaking or refuse to obey the directives of the Chairperson. 2. Audience: Members of the public attending Commission meetings shall 5 observe the same rules of order and decorum applicable to the Commissioners and City Staff. Any person making impertinent and slanderous remarks or who becomes boisterous while 7 addressing the Commission or while attending the Commission's meeting shall be removed from the room if the Sergeant-At-Arms (the Police Chief) is so directed by the Chairperson, and such person may be barred from further audience before the Commission. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Chairperson, and if such conduct continues, the Chairperson shall direct the Sergeant-At- 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 be Sergeant-At-Arms of the Commission. The Sergeant-At-Arms shall be available on an on call basis for regular and adjourned meetings. 13 b. Any member of the Commission or other person using vulgar, profane, loud or boisterous language at any meeting or otherwise interrupting the proceedings of the 14 Commission, or who refuses to carry out orders and instructions given by the Chairperson for the purpose of maintaining order and decorum at the Commission meeting, or who interrupts proceedings, shall upon conviction be deemed guilty of a misdemeanor. 16 B. REQUESTS TO ADDRESS COMMISSION ON NON-PUBLIC HEARING ITEMS: 17 1. It is the policy of the Commission to permit limited presentations by members of the public on non-public hearing agenda items. The Chairperson may in the absence or ° objection by a majority of the Commissioners present, decline to permit such presentations on , n any particular non-public hearing item. 2. Any person or group of persons desiring to address the Commission on a non- 20 hearing matter must file with the Planning Director a written request for permission to address the Commission in advance of the Commission's consideration of the item. The Chairperson 21 may grant consent to address. 22 3. Each person desiring to address the Commission shall approach the podium, state their name and address for the record, state the subject they wish to discuss, state whom 23 they are representing if they represent an organization or other persons, and unless further time is granted by majority vote of the Commission, shall limit their remarks to five minutes. All 24 remarks shall be addressed to the Commission as a whole and not to any one member thereof. No questions shall be asked of a Commissioner or a member of the City Staff without permission of the Chairperson. The Chairperson shall not permit any communication, oral or written, to be 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 permission 27 of the Chairperson. 28 PCRESONO. 6100 -10- 1 5. After a motion has been made, no member of the public shall address the Commission from the audience on the matter under consideration without first securing permission by a majority vote of the Commission to do so. 3 C. ADDRESSING THE COMMISSION - SPOKESPERSON FOR GROUP OF 4 PERSONS: 1. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Commission on the same subject matter, it shall be ^ proper for the Chairperson to require that a spokesperson be chosen from the group to address the Commission. If additional matters are to be presented by any other members of the group, the 7 Chairperson may limit the number of such persons and limit the presentation to information not already presented by the group spokesperson. 8 2. For items other than those set for public hearing, groups of persons shall be limited to a total presentation period of five minutes. Further time may be granted by majority vote of the Commission. 10 IV. PUBLIC HEARINGS; 11 A. WHEN HELD: 1. Whenever by law the Commission is required to hold a public hearing on any 13 matter before it, such hearing will be held in accordance with the rules and procedures set forth in this resolution. Nothing herein shall prohibit or limit the Commission from holding a public 14 hearing on the matter before it, whether required by law or not. Nothing herein shall prohibit or limit any member of the public from addressing the Commission in accordance with the procedures provided for in these rules irrespective of whether or not a public hearing is held. 16 2. All public hearings shall be scheduled to begin at a time certain which shall be the hour the Commission convenes. The Commission shall hold such hearings in order, in 17 accordance with the schedule on the agenda at that time or as soon thereafter as practicable. 18 B. PROCEDURE AND ORDER OF BUSINESS: 19 1. The Chairperson shall announce that it is the time and place for a public hearing scheduled on the agenda. 20 2. Prior to all Commission public hearings copies of the Commission's agenda with attachments, including the staff report, if any, shall be available at the Office of the Planning Director at least twenty-four hours prior to commencement of the hearing; provided, however, 22 the Commission may allow in its discretion the filing of supplemental materials which shall be made public at the commencement of the hearing. Any materials presented to the Commission 23 which have not previously been made available for public inspection shall be made available as soon after the meeting as practicable. 24 3. The order of the hearing shall be as follows unless otherwise required by law: 25 a. Presentation of Staff Report b. Questions from the Commission to Staff 26 c. Presentation, if any, by the Applicant (limited to 15 minutes or at the discretion of the Chairperson) d. Questions from the Commission to the Applicant 28 PCRESONO. 6100 -11- e. Testimony of Public ,~ f. Response of Applicant g. Termination of public testimony 3 h. Discussion by Commission ~ Further Questions of Staff . Planning Commission Vote j. Public Hearing Closed. 5 4. The Commissioners should raise issues or concerns during the course of a public hearing so that the applicant or the public has an opportunity to address those issues. If a 6 proposed condition is discussed for the first time after the public testimony is closed, the Chairperson shall allow sufficient time to the applicant to address the change or addition. Members of the general public shall also be allowed to address the change if directly impacted by the proposed condition. 5. The provisions for addressing the Commission spelled out in Sections-IV-B 9 and C shall apply to persons testifying at public hearings except that a written request to speak shall not be required. 6. The Chairperson may, dependent upon the necessity for ensuring adequate presentation of testimony and evidence to provide a fair hearing, set longer time limits than otherwise may be applicable for the hearing. 12 C. EVIDENCE: 1. During the public hearing the Commission shall receive oral or written evidence relevant to the matter being considered which shall become part of the record. However, the rules of evidence as established by the Evidence Code for the State of California 15 shall be substantially relaxed in order to afford a full presentation of the facts essential for judicious consideration by the Commission of the matter which is the subject of the public 16 hearing. The validity of any Commission action shall not be jeopardized by failure on the part of the Commission to strictly enforce rules of evidence or to reject matters which may be irrelevant. Any person, other than a member of the Commission, who wishes to direct question(s) to a witness or staff shall submit such question(s) to the Chairperson who may ask the question(s) of the witness or staff. The Chairperson may at their discretion restrict the number and nature of 19 any questions asked pursuant to this section. 2. If there is a Staff Report it shall be considered as evidence and shall become a part of the record of a public hearing. Such report need not be read in full as part of the Staff presentation. A synopsis of such report may be presented orally by staff members to the Commission. In addition, any of the following may be presented to the Commission and, if 22 presented, shall also become part of the record: a. Exhibits and documents used by the City Staff and any persons 23 participating in the hearing. b. Maps and displays presented for use at the hearing, provided that, whenever practicable, they shall be displayed in full view of the participants and the audience. 25 c. All communications and petitions concerning the subject matter of the hearing provided that a reading of such matters only shall be had at the request of a 26 Commissioner. d. Information obtained outside the Council Chambers, such as view of the site, provided such information, to the extent it is relied upon, shall be disclosed for the 28 PCRESONO. 6100 -12- 1 record, including disclosure of ex parte contacts with Commissioners, so proponents and opponents can be aware of the potential basis for decision, and clarify or rebut, prior to decision,o e. All exhibits, reports, maps and other physical evidence placed before 3 the Commission shall be retained by the Secretary of the Planning Commission as public records. Such exhibits may be released by the Secretary with the approval of the City Attorney. 4 D. CONTINUATION: At any time that it appears to the Chairperson or a majority of the 5 Commission through the Chairperson, that inadequate evidence has been presented to afford judicious consideration of any matter before the Commission at the time of a public hearing, or for other just cause, a continuation of said hearing may be ordered to afford the applicant, the 7 public, or the City Staff adequate time to assemble additional evidence for the Commission's consideration. Any continuation ordered by the Commission through its Chairperson may be to a 8 date certain, which said date shall be publicly announced in the Council Chambers and shall constitute notice to the public of the time and place that further evidence will be taken. No 9 further notice is necessary; however, the continuation may be to a date uncertain, in which case it shall be announced that the matter will be renoticed. If the hearing is continued to a time less than 24 hours after the time specified in the notice of hearing, a copy of the notice of continuance 11 of hearing shall be posted immediately following the meeting at which the order of continuance was made. The public announcements provided for herein shall constitute notice to the applicant 12 and public of time and place when further evidence will be taken by the Commission. The Commission shall also have the option to set the matter to a new hearing. 13 14 E. TERMINATION OF PUBLIC TESTIMONY: When the public has no further evidence to present, when in the opinion of the Chairperson no new public evidence is being 15 presented or when in the opinion of the Chairperson the evidence is not substantive, the Chair may close the presentation of evidence. 16 F. DECISION:17 1. When neither the applicant, the public, nor the City Staff have further I g evidence to produce, or when in the opinion of the Chairperson sufficient evidence has been presented, no further evidence either oral or written will be accepted by the Commission; 19 provided, however, that this rule may be relaxed by the Chairperson or the majority of the Commission through the Chairperson when it appears that good cause exists to hear further 20 evidence concerning the matter which is the subject of the public hearing. The Commission shall consider all evidence properly before it in accordance with these procedures. The Commission shall then act upon the item. The Commission may instruct the Planning Director to return with 22 the documents necessary to effect the decision, including findings as may be appropriate to the matter. Upon return of such documents, the Commission shall determine if the findings are 23 supported by the evidence before it at the hearing and if the decision is supported by the findings and, after making any changes, render its decision by taking action on the documents. The 24 Commission's decision is not final until adoption of the documents. 2<- 2. A Commissioner who was absent from all or a part of a public hearing shall not participate in a decision on the matter unless they have examined all the evidence including 26 listening to a recording of the oral testimony, if a recording is made, or listening to a recording of the minutes or reading a transcription of same, and can represent that they have a full 27 understanding of the matter. 28 PCRESONO. 6100 -13- 1 . CLOSING: Following a vote by the Commission, the Chairperson shall close the public hearing. 3 REOPENING: A public hearing on any matter once closed cannot be reopened on the 4 date set for hearing unless the Chairperson determines that all persons who were present when the hearing closed are still present. Nothing herein, however, is intended to prevent or prohibit the reopening of a public hearing at any subsequent regular or special meeting of the Commission. No public hearing may be reopened without due and proper notice being given to the applicant and the public designating the time and place of said opening. 7 V. PARLIAMENTARY PROCEDURES: 8 A. ROBERT'S RULES OF ORDER: If a matter arises at a Commission meeting which is not covered by this Chapter or applicable provisions of Federal or State law or the Carlsbad Municipal Code, the procedures of the Commission shall be governed by the latest revised edition of Robert's Rules of Order, which is incorporated herein by this reference. 11 B. PARLIAMENTARY RULES FOR INDIVIDUAL COMMISSIONERS: Robert's Rules of Order (latest edition), shall apply except in those instances specifically addressed below. 1. Gaining the Floor: Every Commissioner desiring to speak shall first address 14 the Chair, gain recognition by the Chairperson, and shall confine themselves to the question under debate, avoiding reference to character and indecorous language. 2. Questions to Staff: Every Commission member desiring to question the City Staff shall, after recognition by the Chairperson, address their question to the appropriate Staff member or to the Planning Director or City Attorney. Questions shall be limited to inquiries 17 relevant to the item. 3. Interruptions: A Commissioner, once recognized, shall not be interrupted when speaking unless called to order by the Chairperson, or unless a point of order or personal privilege is raised by another Commissioner, or unless the Commissioner having the floor chooses to yield to a question by another Commission member. If a Commissioner while 2Q speaking is called to order, he/she shall cease speaking until the question of order is determined and, if determined to be in order, he/she may proceed. Members of the City Staff, after 21 recognition by the Chairperson, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Chairperson. 4. Point of Order: The Chairperson shall determine all points of order subject to the right of any Commissioner to request full Commission ruling and the question shall be, "Shall the decision of the Chairperson be sustained?" A majority vote shall conclusively 24 determine such question of order. 5. Point of Personal Privilege: The right of a Commissioner to address the 25 Commission on a question of personal privilege shall be limited to cases in which their integrity, character or motives are questioned or where the welfare of the Commission is concerned. A Commissioner raising a point of personal privilege may interrupt another Commissioner who has 27 the floor only if the Chairperson recognizes the privilege. 28 PCRESONO. 6100 -14- 6. Calling the Question: A member of the Commission who wishes to terminate discussion of a motion may call for the question. If the call is seconded, the Chairperson shall ask for a vote. A majority vote is required. If the call carries, the Commission shall then vote on .3 the motion without further discussion. 7. Protest Against Commission Action: Any Commissioner shall have the right 4 to have the reasons for their dissent from or their protest against any action of the Commission entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in substantially the following manner: "I would like the minutes to show that I am opposed to this , action for the following reasons ..."o 7 C. MOTIONS. GENERAL: 1 . A motion is the formal statement of a proposal or question to the Commission ° for consideration and action. Every Commissioner has the right to present a motion. A motion is generally considered in the nature of direction or instruction. However, a motion will generally suffice unless a resolution is specifically called for by law or unless there is some reason for 10 desiring the particular action formalized by separate instrument. 2. If the motion contains two or more divisible propositions, the Chairperson 1 1 may divide the same. 3. If a motion is properly made the Chairperson shall call for a second. No further action is required on a motion which does not receive a second. 13 4. When a motion is made the Chairperson may request staff to restate the motion before a vote. 5. A motion, once before the Commission, may not be withdrawn by the maker without the consent of the second. 16 D. PRECEDENCE OF MOTIONS: 1. When a main motion is before the Commission, no motion shall be *' entertained except the following, which shall have precedence, one over the other, in the following order:1 o a. Adjourn 19 b. Recess 27 28 20 d. Call the Question (Previous Question) 21 e. Limit or Extend Debate f. Refer to Committee or Staff 22 g. Substitute 23 h. Amend Withdraw 24 j. Postpone 25 k. Continue k. Minute Motion 26 1. Main Motion. PCRESONO. 6100 -15- 1 2. The order of preference in Section 1. above is subject to the following restrictions:2 a. A motion shall not be in order which repeats a motion made 3 previously at the same meeting unless there has been some intervening Commission action or discussion. 4 b. A motion shall not be in order when the previous question has been called. c. A motion shall not be in order while a vote is being taken. 6 d. A motion shall not be in order when made as an interruption of a Commissioner while speaking. 7 E. PARTICULAR MOTIONS. PURPOSE AND CRITERIA: The purpose and salient criteria of the motions listed in Section B are as follows: 9 1. Adjourn: 10 Purpose: To terminate a meeting. Debatable or Amendable: No, except a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourned. 13 Second Required: Yes 14 Majority vote 15 2. Recess: 17 Purpose: To permit an interlude in the meeting and to set a definite time for continuing the meeting. 18 Debatable or Amendable: Not debatable, but is amendable. 19 -„ Second Required: Yes 2\ Majority vote 22 3. Table: Purpose: To set aside, on a temporary basis, a pending main motion provided that it may be taken up again for consideration during the current meeting or at some future regular meeting. 25 26 27 28 PCRESONO. 6100 -16- 1 Debatable or Amendable: No 2 Second Required: Yes 4 . Majority vote 5 4. Call the Question (Previous Question): " Purpose: To prevent or stop discussion on the pending question or _ questions and to bring such question or questions to vote immediately. If the motion passes, a vote shall be taken on the pending motion or motions. 8 Debatable or Amendable: No. 9 Second Required: Yes 10 . 1 Two-thirds vote 12 5. Limit or Extend Debate: 13 Purpose: To limit or determine the time that will be devoted to discussion of a pending motion or to extend or remove limitations already imposed on its discussion. Debatable or Amendable: Not debatable; amendments are restricted to 16 period of time of the proposed limit or extension. 17 Second Required: Yes 1° Two-thirds vote 19 6. Refer to Committee or Staff: 20 Purpose: To refer the question before the Commission to a Committee or 21 to the City Staff for the purpose of investigating or studying the proposal and to make a report back to the Commission. If the motion fails, discussion or vote on the question resumes. 23 Debatable or Amendable: Yes. 24 Second Required: Yes 25 Majority vote26 27 28 PCRESONO. 6100 -17- 1 7. Substitute Motion: 2 Purpose: To strike out one main motion and insert another main motion in its place, which may be done so long as it is related to the subject of the original motion. 4 Debatable or Amendable: The substitute motion is left unacted on until 5 Commissioners have the opportunity to perfect the main motion by amendments if desired. The substitute motion is debatable and subject to amendment. After amendments have been offered, the substitute motion is voted upon and, if adopted, strikes the main motion. g Second Required: Yes 9 Majority vote 10 8. Amend: Purpose: To modify or change a motion that is being considered by the 12 Commission so that it will express more satisfactorily the will of the members. If the motion passes, then the main motion should be voted on 13 as amended. Debatable or Amendable: It is debatable unless applied to an undebatable main motion. It is amendable. 16 Second Required: Yes 17 Majority vote 18 9. Withdraw: 19 Purpose: If circumstances arise after a motion has been made which 20 causes the maker of the motion to wish to withdraw the motion, then the maker of the motion may withdraw the motion unless there is an objection 21 to the withdrawal, in which case the matter of withdrawal would be subject to a vote of the Commission.22 23 Debatable or Amendable: No 24 Second Required: Yes, when the matter of withdrawal is subject to a vote of the Commission 25 Majority vote26 27 28 PCRESONO. 6100 -18- 1 10. Postpone/Continue: 2 Purpose: To prevent further discussion and voting on the main motion T until a future date or event. If the motion fails, discussion and voting on the main motion resume. If it passes, the subject of the main motion shall 4 not be brought up again until the specified date or event. 5 Debatable or Amendable: Yes " Second Required: Yes If made before there is a main motion pending, then majority vote. If made after there is a main motion pending, then two-thirds vote. 11. Continue: Purpose: To postpone a pending question to a date certain or to a date 11 uncertain prior to making a main motion. 12 Debatable or Amendable: Yes. 13 Second Required: Yes Two-thirds vote 12. Minute Motion: 16 Purpose: To make a permanent record and enter into the minutes the 17 action of the Commission regarding any item properly before it. Such action may include, but not be limited to, recommendations to the City Council, approving and accepting reports, determining conformity of proposed public works projects, acquisitions or dispositions of property and the construction of buildings with the adopted general plan or such 2Q other and further action as determined by the Commission which does not require a written resolution. A minute motion shall not substitute for a 21 resolution. 22 Debatable or Amendable: Yes. Second Required: Yes 24 x, . .Majority vote 25 26 27 28 PCRESONO. 6100 -19- 13. Main Motion: Purpose: The primary proposal or question before the Commission for discussion and decision. 4 Debatable or Amendable: Yes. 5 Second Required: Yes Majority vote 7 VI. RESOLUTIONS: 8 A. COMMISSION ACTION: Formal Commission action on all items before it shall be made by resolution. When necessary the resolution shall contain appropriate findings and declarations. 11 B. ADOPTION: 1. Where a particular resolution has been prepared and is before the 12 Commission, it shall be adopted by motion, second, discussion and vote. It is not necessary to read the resolution by title or in full provided it is identified by the Chairperson. Upon request of any member of the Commission, the resolution shall be read by title or in full. 14 2. Where a particular resolution has not been prepared, a motion to direct the 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 form together with instructions for written preparation. Upon execution of such a resolution, it shall become an official action of the Commission. 17 VII. CORRECTIONS OF DOCUMENTS; Upon occasion, resolutions or other documents 18 are submitted in draft form or on-the-spot amendments occur, or typographical or other technical errors are found which necessitate retyping of the document. Such redraft, when properly 1" executed, shall become the original document. 20 VIII. FAILURE TO OBSERVE PROCEDURES: These rules are adopted to expedite the 21 transaction of the business of the Commission in an orderly fashion and are deemed to be procedural only. The failure to strictly observe such rules shall not affect the jurisdiction of the 22 Commission or invalidate any action taken at a meeting if it is otherwise held in conformity with 23 24 IX. RALPH M. BROWN ACT: The provisions of the Ralph M. Brown Act as may be amended from time to time are incorporated herein by reference. 25 26 27 28 PCRESONO. 6100 -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 7th day of June, 2006, by the following vote, to wit: AYES: NOES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Segall, and Whitton ABSENT: Commissioner Heineman ABSTAIN: MARTELL B. MONTGOMERY, jp&irperson CARLSBAD PLANNING COMMISSION DON NEU Assistant Planning Director PCRESONO. 6100 -21-