HomeMy WebLinkAbout2019-12-10; City Council; ; Planning Commission Work Plan for fiscal year 2019-20 and a Municipal Code Amendment to Chapter 2.24 to update the Planning Commission's procedural rules.The proposed Carlsbad Municipal Code Amendment to Chapter 2.24, Planning Commission, will
update procedural rules and eliminate any redundant and inconsistent sections. Exhibit 4
shows the proposed Ordinance changes in strikeout/underline format.
On Aug. 21, 2019, the Planning Commission considered the proposed Work Plan and Ordinance ·
amendment and recommended approval of both with some revisions. Planning Commission
changes to the Work Plan include the following:
• Section II Composition -Remove the Community & Economic Development Director as
an ex officio member of the Planning Commission.
• Section Ill FY 2019-20 Goals & Tasks -Revisions to clarify that standards, not
guidelines, for multi-family residential structures are proposed. Also deleting "subject
to City Council approval to submit an application for an SB 2 Grant", as the City Council
had recently approved a request to submit a grant application. ·
• Section Ill FY 2019-20 Goals & Tasks -Revising the second sentence of the last bullet
point preceding the list of projects to read: Major projects may include, but are not
limited to, the following.
The following revisions were made by the Planning Commission to Carlsbad Municipal Code
Chapter 2.24, Planning Commission:
• Section 2.24.020 Composition -Appointment-Deleted the Community & Economic ·
Development Director as an ex officio member.
• Section 2.24.030 Duties -Deleted reference to Chapter 21.35 referring to the Village
review area and Planning Commission responsibilities. This part of the code was initially
modified to address the elimination of redevelopment and is no longer necessary.
The Planning Commission also rescinded Planning Commission Resolution 6100, containing
Planning Commission procedures, and adopted a new Resolution. The new Resolution contains
procedures that address items not covered by provisions in the Carlsbad Municipal Code. This
action was final at the Planning Com miss.ion and is included with this Staff Report for
information (Attachment 2 to Exhibit 5). A strikeout/underline version of Planning Commission
Resolution No. 6100 showing changes to the previous procedures is attached to the Planning
Commission Staff Report (Attachment 4 to Exhibit 5). Also attached to the Planning
Commission Staff Report is a copy of Planning Commission Resolution No. 7345, which includes
the updated procedures.
Fiscal Analysis
None.
Next Steps
The Planning Commission and Planning division staff will focus efforts on projects listed on the
FY 2019-20 Work Plan.
Dec. 10, 2019 Item #8 Page 2 of 57
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of the California Environmental Quality Act (CEQA) in that it has no
potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council Resolution
2. City Council Ordinance
3. Planning Commission Resolution No. 7344 with Work Plan
4. Strikeout/Underline of Chapter 2.24 -Planning Commission
5. Planning Commission Staff Report dated Aug. 21, 2019, with attachments 2, 4, 5 & 6
Dec. 10, 2019 Item #8 Page 3 of 57
RESOLUTION NO. 2019-251
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE PLANNING COMMISSION WORK PLAN FOR
FISCAL YEAR 2019-20.
WHEREAS, Chapter 2.15 of the Carlsbad Municipal Code requires that each board or
commission provide to the City Council for its approval an annual Work Plan of activities to be
undertaken; and
WHEREAS, the proposed Work Plan is shown on the attached exhibit titled, "City of Carlsbad,
Planning Commission Work Plan, fiscal year (FY) 2019-20"; and
WHEREAS, the Planning Commission did, on Aug. 21, 2019, hold a duly noticed Public Hearing
as prescribed by law to consider said request for a recommendation on a Work Plan; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments,
if any, of all persons desiring to be heard, said Commission considered all factors relating to the Work
Plan; and
WHEREAS, at said Public Hearing the Planning Commission recommended approval of the Work
Plan with revisions that have been incorporated into the Work Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council approves the Planning Commission Work Plan for FY 2019-20,
attached hereto as Attachment A.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 10th day of December 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
(SEAL)
Dec. 10, 2019 Item #8 Page 4 of 57
City of Carlsbad
Planning Commission Work Plan
Fiscal Year 2019-2020
I. Mission Statement
Attachment A
The Planning Commission holds regularly scheduled public hearings to consider land use
matters, such as the general plan, local coastal program, growth management program, specific
plans, master plans, amendments to the zoning ordinance, zone changes, special studies, and
discretionary development permits for public and private projects.
For some actions, the Planning Commission acts in an advisory role and provides a
recommendation to the City Council. In many cases the City Council has delegated to the
Planning Commission the authority to take a final action on the item subject to appeal to the
City Council. Prior to an item being considered by the Planning Commission the Planning
Division staff complete its review of a proposed project for compliance with all applicable plans,
policies, and laws and provides a written recommendation.
Planning Commissioners also serve on special committees or task forces as requested by the
City Council.
II. Composition
The Planning Commission consists of seven members appointed by the City Council to a four
year term. There are also three ex officio members who shall be the city planner, city attorney,
and city engineer.
Ill. FY 2019-2020 Goals & Tasks
The City of Carlsbad Planning Commission has selected to focus on the following goals and
tasks:
• Local Coastal Program Update
• Zoning Code Update
• Housing Element Update
• Growth Management Program Update
• Density Bonus Ordinance Update
• Standards for Multi-Family Residential Struc;:tures (Subject to state award of SB 2 Grant)
• Review and act on permits requested for private development projects. Major projects
may include but are not limited to the following:
o Marja Acres -250 townhomes, 46 senior affordable units, and 9,700 square feet
of retail/restaurant space. The project includes an Environmental Impact Report
(EIR).
Dec. 10, 2019 Item #8 Page 5 of 57
o Aviara Apartments -329 -unit apartment complex including an EIR
o BMW Carlsbad Auto Dealership
o Carlsbad Station -mixed use project with 79 residential units and
retail/restaurant space
o La Costa Town Square Parcel 3 Residential -95 residential units
o West Oaks -209 -unit apartment complex
• Review and act on permits requested for city capital improvement projects. Major
projects include:
o Fire Station No. 2 -replacement of the existing station
o Buena Vista Reservoir Site Park
o Maintenance & Operation Building (Orion Center) -new maintenance and
operations center
o Poinsettia Park -Phase IV amendment to construct a new dog park
o Trails Master Plan -General Plan Amendment and environmental determination
Dec. 10, 2019 Item #8 Page 6 of 57
ORDINANCE NO. CS-367
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CHAPTER 2.24 PLANNING COMMISSION TO BE
CONSISTENT WITH CHAPTER 1.20 MEETINGS AND CHAPTER 2.15 BOARDS
AND COMMISSIONS OF THE CARLSBAD MUNICIPAL CODE.
WHEREAS, Chapter 2.24 of the Carlsbad Municipal Code establishes the Planning Commission
in addition to matters related to the conduct of Planning Commission meetings; and
WHEREAS, in 2018 the City Council adopted Chapter 1.20 titled Meetings and Chapter 2.15
titled Boards and Commissions that establish procedures applicable to public meetings and matters
specific to the appointment, roles, and responsibilities of members of boards and commissions; and
WHEREAS, amendments to Chapter 2.24 establishing the Planning Commission are necessary
to conform to the provisions of Chapter 1.20 and 2.15 previously adopted by the City Council.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain that:
Section I: The above recitations are true and correct.
Section II: Carlsbad Municipal Code Chapter 2.24 is amended to read as follows:
Chapter 2.24
PLANNING COMMISSION
Sections:
2.24.010 Created.
2.24.020 Composition-Appointment.
2.24.030 Duties.
2.24.040 General plan conformance-Time for or waiver of report.
2.24.010 Created.
Pursuant to Section 65100 of the California Government Code a planning commission for the city is
created and established.
2.24.020 Composition-Appointment.
The Planning Commission shall consist of seven members to be appointed pursuant to Section
2.15.050, and of three ex officio members who shall be the city engineer, the city attorney and the city
planner.
2.24.030 Duties.
In addition to the duties specified by this chapter, the Planning Commission shall perform the duties
and have all the rights, powers and privileges specified and provided for by city or state law.
2.24.040 General plan conformance-Time for or waiver of report.
A. The planning commission shall not be required to report as to conformity with the general plan
regarding real property acquired by dedication or otherwise for street, square, park or other public
Dec. 10, 2019 Item #8 Page 7 of 57
purposes, the disposition of real property, vacated or abandoned streets, and the construction or
authorization of a public building or structure. The City Council shall make a finding of consistency
with the general plan when approving any of the above.
B. The planning commission shall not be required to make a general plan consistency finding for the
list of proposed public works recommended for planning, initiation or construction during the
ensuing fiscal year for the city's capital improvement program. The City Council shall make the
general plan consistency finding when approving the city's annual capital improvement program
or any amendments thereto.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city
clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the city attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 10th
day of December 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Dec. 10, 2019 Item #8 Page 8 of 57
Sections:
2.24.010
2.24.020
2.24.030
2.24.040
2.24.050
2.24.0eJ0
2.24.06540
2.24.070
Chapter 2.24
PLANNING COMMISSION
Created.
Composition-Appointment.
Absence from meetings.
Regular and adjourned meetings.
Officers Rule adoption Records.
Duties.
General plan conformance-Time for or waiver of report.
Qworum and 11ote.
2.24.010 Created.
EXHIBIT 4
Under and p_Eursuant to an act of the legislature of the state, known as the "conservation and
planning law," Section 65100 of the California Government Code a planning commission for the
city is created and established. (Ord. CS 040 § I, 2009; Ord. 1020 § 1)
2.24.020 Composition-Appointment.
The planning commission shall consist of seven members to be appointed by a majority vote of
the council pursuant to Section 2.15.050, and of threefetlf ex officio members who shall be the
community and economic development director, the city engineer, the city attorney and the city
planner. Of the seven members of the commission first appointed under this chapter, tiNo shall be
appointed for one year terms, two shall be appointed for three year terms, and one shall be
appointed for a four year term. Their successors shall be appointed for terms of four years. If a
vacancy occurs otherwise than by expiration of term, it shall be filled by appointment by a majority
vote of the council for the unexpired portion of the term of the member so vacating. The terms of
ex officio members shall correspond to their respective official tenures. ~Jo ex officio member shall
be entitled to a vote. Each member shall hold office until the member is reappointed or the
member's successor is appointed. (Ord. CS 164 §§ 10, 14 , 2011; Ord. CS 040 § I, 2009; Ord.
NS 676 §§ 1, 2, 2003; Ord. 1256 § 1, 1982; Ord. 1200 § 1, 1977; Ord. 1157 § 1, 1973; Ord. 1020
~
2.24 .030 Absence from meetings.
If a member of the planning commission is absent from three successive meetings of the
commission without cause, the city planner shall inform the mayor of such absence, who may
there•Nith remove the member from the commission 'Nithout further notice. (Ord. CS 164 § 10,
2011 ; Ord. CS 040 § I, 2009; Ord. NS 676 § 2, 2003; Ord . 1261 § 2, 1983; Ord. 1020 § 3)
2.24.040 Regular and adjourned meetings.*
A regular meeting shall be held at least once a month, or more often if the planning commission
may by rule adopt. Any meeting held pursuant to rule of the planning commission, or any special
meeting advertised as a public hearing, shall be deemed a regular meeting. The commission may
adjourn any regular meeting from time to time to meet at a time and place specified at the regular
meeting and any such adjourned meeting shall be deemed to be a regular meeting. (Ord. CS 040
§ I, 2009; Ord.1020 § 4)
Dec. 10, 2019 Item #8 Page 11 of 57
• f'er 13revisi0ns en attendance of city manager at commission meetings, see Section 2.12.12s efthis cede.
2.24.050 Officers Rule adoption Records.
The planning oommission shall eleot from among its appointed members a ohair and vise chair
to serve for a term of one year. It shall adopt rules for the transaotion of business and shall keep
a reoord of the resolutions, transaotions , findings and determinations, 1,0,,hioh reoord shall be a
public record. (Ord. CS 040 § I, 2009; Ord. 1157 § 2, 1973; Ord. 1020 § 5)
2.24.06~0 Duties.
In addition to the duties specified by this chapter, the planning commission shall perform the
duties and have all the rights, powers and privileges specified and provided for by city or state
law. For the village review area, the planning oommission shall be responsible for the
administration of, and shall carry out the duties speoified in Chapters 21.35 and 21 .81 of the
Carlsbad Munioipal Code. (Ord . CS 040 § I, 2009; Ord. 9424 § 1, 1975; Ord. 1020 § 6)
2.24.06540 General plan conformance-Time for or waiver of report.
A. The planning commission shall not be required to report as to conformity with the general
plan regarding real property acquired by dedication or otherwise for street, square, park or
other public purposes, the disposition of real property, vacated or abandoned streets, and
the construction or authorization of a public building or structure. The city council shall make
a finding of consistency with the general plan when approving any of the above.
B. The planning commission shall not be required to make a general plan consistency finding
for the list of proposed public works recommended for planning, initiation or construction
during the ensuing fiscal year for the city's capital improvement program. The city council
shall make the general plan consistency finding when approving the city's annual capital
improvement program or any amendments thereto. (Ord. CS 071 § 1, 2009 ; Ord. CS 040 §
I, 2009; Ord . 9424 § 2, 1975)
2.24.070 Quorum and vote.
A. Four members of the planning oommission shall oonstitute a quorum for the transaction of
business.
B. Except \e.1hen otherwise provided by law, a majority 11ote of the quorum shall be required for
any planning oommission action, provided that a recommendation for approval of a general
plan amendment shall be made by at least four affirmative votes.
C. Tie votes shall constitute "no action ," and the matter voted upon remains before the
commission and is subject to further commission consideration . If the oommission is unable
to take aotion on a matter before it because of a tie vote, the matter shall be again considered
at the next regular commission meeting. If the matter receives a tie vote at the subsequent
meeting, the matter shall be deemed denied.
D. Every oommissioner should vote unless disqualified by reason of oonfliot of interest. A
oommissioner who abstains from voting aoknO'.e,.,ledges that a majority of the quorum may
decide the question voted upon . (Ord. CS 040 § I, 2009; Ord. NS 135 § 1, 1991 ; Ord. 1247
§ 1, 1982; Ord. 1244 § 1, 1982; Ord. 1159 § 1, 1973)
Dec. 10, 2019 Item #8 Page 12 of 57
(i) PLANNING COMMISSION .
Staff Report
.
EXHIBIT 5
ltemNo.o
P.C. AGENDA OF: August 21, 2019
Application complete date: N/A
Project Planner: Don Neu
Project Engineer: N/A
SUBJECT: MCA 2019-0001 -PLANNING COMMISSION WORK PLAN FOR FISCAL YEAR 2019-2020
AND AMENDMENTS TO PROCEDURAL RULES -Request for a recommendation of
approval of the Planning Commission Work Plan for fiscal year 2019-2020, and a
Municipal Code Amendment to revise Chapter 2.24 of the Carlsbad Municipal Code to be
consistent with Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions. Also
included is a request to rescind Planning Commission Resolution Number 6100 containing
Planning Commission Procedures, and adopt a new resolution containing updated
Planning Commission Procedures.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7344 RECOMMENDING
APPROVAL of the Fiscal Year 2019-2020 Work Plan and Municipal Code Amendment (MCA 2019-0001)
and ADOPT Planning Commission Resolution No. 7345 RESCINDING Planning Commission Resolution No.
6100 (Planning Commission Procedures) and APPROVING updated Planning Commission Procedures.
II. PROJECT DESCRIPTION AND BACKGROUND
In 2018 the City Council adopted Chapter 1.20 titled Meetings of the Carlsbad Municipal Code (CMC)
establishing procedures applicable to public meetings. Also in 2018, the City Council adopted Chapter
2.15, Boards and Commissions which established that boards and commissions are to conduct their
meetings pursuant to the rules contained in Chapter 1.20 of the CMC. To be consistent with the
referenced CMC Chapters, revisions are proposed to Chapter 2.24 Planning Commission. Also proposed
is to rescind Planning Commission Resolution No. 6100 containing Planning Commission Procedures and
adopting new Commission procedures that address items not covered by provisions contained in the
Carlsbad Municipal Code .
Section 2.15.020 (C) requires that each board or commission provide to the City Council for its approval
an annual work plan of activities to be undertaken. Provided for Planning Commission review and
consideration is a draft work plan for fiscal year 2019-2020. Some items contained in the work plan are
multi-year efforts that will carry over into future years.
Strikeout and underline versions of the proposed changes to existing ordinances and resolutions are
provided as attachments to show text proposed to be deleted or modified. Also provided for reference
are Chapters 1.20 Meetings and 2.15 Boards and Commissions of the Carlsbad Municipal Code.
Dec. 10, 2019 Item #8 Page 13 of 57
MCA 2019-0001-PLANNING COMMISSION WORK PLAN FOR FISCAL.YEAR 2019-2020 AND
AMENDMENTS TO PROCEDURAL RULES
August 21, 2019
Pa e 2
Ill. ENVIRONMENTAL REVIEW
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
ATTACHMENTS:
1. Planning Commission Resolution No. 7344
2. Planning Commission Resolution No. 7345
3. Strikeout/Underline of Chapter 2.24 -Planning Commission
4. Strikeout/Underline of Planning Commission Resolution No. 6100 -Procedures
5. Carlsbad Municipal Code Chapter 1.20 Meetings
6. Ca rlsbad Municipal Code Chapter 2.15 Boards and Commissions
Dec. 10, 2019 Item #8 Page 14 of 57
A. Types of meetings:
1. Regular
2. Study sessions or workshops
B. Voting:
1. Disqualification for conflict of interest
2. Failure to vote
C. Meeting Agenda:
1. How and when prepared
2. Preparation of resolutions
D. Correspondence:
· 1. Available at meeting
2. Authority of City Planner
E. Conduct of business: readiness for meeting
F. Call to order
G. Roll call
H. Order of business
Ill. Public Hearings:
A. When held
B. Procedure and order of business
C. Continuation
D. Termination of public testimony
E. Decision
F. Closing
G. Reopening
IV. Resolutions:
A. Commission action
B. Adoption
V. Correction of documents
VI. Failure to observe procedures
VII. Ralph M. Brown Act
I. OFFICERS:
A. POWERS AND DUTIES OF CHAIRPERSON:
1. The Chairperson of the Commission shall be the Presiding Officer at all meetings of
the Planning Commission.
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 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.
PC RESO NO. 7345 -2-
Dec. 10, 2019 Item #8 Page 16 of 57
2. 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.
C. MEETING AGENDA:
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 on the agenda by the
majority vote of the members of the Commission, the City Planner or the City Attorney. Whenever
feasible, each item on the agenda shall contain the project name and case 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 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 City Planner or
City Attorney. No resolution shall be presented to the Commission unless its form has been approved by
the City Attorney. This approval need not be indicated on the resolution.
D. 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 that
each Commissioner, City Planner 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.
2. Authority of City Planner:
The City Planner is authorized to open and examine all mail or 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 communications and any action
taken pursuant thereto shall be reported to the Planning Commission.
a. Correspondence deemed to be of an important or urgent nature may be
submitted for Commission consideration at a Planning Commission meeting. ·
E. CONDUCT OF BUSINESS: READINESS FOR MEETING: At the time set for each regular meeting,
each member of the Commission, the City Planner, 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 ofthe Commission shall be conducted in substantially the order and in the
manner herein provided.
PC RESO NO. 7345 -4-
Dec. 10, 2019 Item #8 Page 18 of 57
F. CALL TO ORDER: The Chairperson, or in their absence the Vice-Chairperson, shall 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 City Planner 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 Chairperson elected pursuant to this section.
G. ROLL CALL: Before proceeding with the business o·f the Commission, the Minutes Clerk or
Chairperson shall call the roll of the Commission Members and the names of those present shall be
entered in the minutes.
H. 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 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. Comments from the public on items not listed in the Agenda
6. Statement of Planning Commission Procedures
7. Continued Items
8. Public Hearing(s)
9. Non-public Hearing(s)
10. Planning Commission Member Comments
11. City Planner Comments
12. City Attorney Comments
13. Adjournment
Ill. PUBLIC HEARINGS:
A. WHEN HELD:
1. Whenever by law the Commission is required to hold a public hearing on any matter
before it, such hearing will be held in accordance with the rules contained in the Carlsbad Municipal Code
Chapter 1.20 and procedures set forth in this resolution. Nothing herein shall prohibit or limit the
Commission from holding a public 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.
2. AU 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 accordance with
the schedule on the agenda at that time or as soon thereafter as practicable.
PC RESO NO. 7345 -5-Dec. 10, 2019 Item #8 Page 19 of 57
B. PROCEDURE AND ORDER OF BUSINESS:
1. The Chairperson shall announce that it is the time and place for a public hearing
scheduled on the agenda.
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 City Planner at least
twenty-four hours prior to commencement of the hearing; provided, however, 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 which have not previously been made available
for public inspection shall be made available as soon after the meeting as practicable.
3. The order of the hearing shall be as follows unless otherwise required by law:
a. Presentation of Staff Report
b. Questions from the Commission to Staff
c. Presentation, if any, by the Applicant
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
4. The Commissioners should raise issues or concerns during the course of a public
hearing so that the applicant or the public has ah opportunity to address those issues. If a 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 may
also be allowed to address the change if directly impacted by the proposed condition.
C. CONTINUATION: At any time that it appears to the Chairperson or a majority of the 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 continu_ation
of said hearing may be ordered to afford the applicant, the 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 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 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 re-noticed. 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 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 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.
D. 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 presented or when in the opinion
of the Chairperson the evidence is not substantive, the Chair may close the presentation of evidence.
PC RESO NO. 7345 -6-
Dec. 10, 2019 Item #8 Page 20 of 57
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3. each persoR desiriRg to address the CommissioR shall approach the podium, state
their Rame aRd address for the record, state the susject they wish to discuss, state whom they are
represeRtiRg if they represeRt aR orgaRii!atioR or other persoRs, aRd uRless further time is graRted B','
majority vote oft he CommissioR, shall limit their remarks to fro'e miRutes. All remarks shall se addressed
to the CommissioR as a whole aRd Rot to aRy oRe member thereof. No questioRs shall be asked of a
CommissioRer or a memser ofthe city staff without permissioR ofthe ChairpersoR. The ChairpersoR shall
Rot permit aRy commuRicatioR, oral or writteR, to be made or read that does Rot sear directly OR the
ageRda item theR uRder discussioR.
4. No persoR shall address the CommissioR without first securiRg the permissioR of the
Ch airpersoR.
5. After a motioR has see A made, RO member of the puslic shall address the CommissioR
· from the audieRce OR the matter uRder coRsideratioR without first securiRg permissioR sy a majority vote
ofthe CommissioR to do so.
C. ADDRf:SSl~IG Tl-ff COMMISSION SPOKf:SPf:RSON FOR GROUP OF Prnsm1s:
1. IA order to m<pedite matters aRd to avoid repetitious preseRtatioRs, wheRe,.'er aRy
group of persoRs wishes to address t he Co mmissioR OR the same subject matter, it shall se proper for the
ChairpersoR to require that a spolwspersoR be choseR from the group to address the CommissioR. If
additioRal matters are to se preseRted sy aR•; other memsers of the group, the ChairpersoR may limit the
Rumser of such persoRs aRd limit t he preseRtatioR to iRformatioR Rot already preseRted 13,,, the group
spol~espersoR .
2. For items other thaR those set for public heariRg, groups of persoRs shall be limited
to a total preseRtatioR period of fr.,e miRutes. Further time may se graRted sy majority vote of the
CommissioR.
W.... Ill. PUBLIC HEAR INGS:
A. WHEN HELD:
1. Whenever by law the Commission is required to hold a public hearing on any matter
before it, such hearing will be held in accordance with the rules contained in the Carlsbad Municipal Code
Chapter 1.20 and procedures set forth in this resolution. Nothing herein shall prohibit or limit the
Commission from holding a public 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.
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 accordance with
the schedule on the agenda at that time o r as soon thereafter as practicable.
8. PROCEDURE AND ORDER OF BUSINESS:
1. The Chairperson shall announce that it is the time and place for a public hearing
scheduled on the agenda.
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 City Planner at least
twenty-four hours prior to commencement of the hearing; provided, however, 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 which have not previously been made available
for public inspection shall be made available as soon after the meeting as practicable.
3. The order of the hearing shall be as follows unless otherwise required by law:
a. Presentation of Staff Report
b. Questions from the Commission to Staff
PC RESO NO . 6100 -9-
Dec. 10, 2019 Item #8 Page 31 of 57
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, held on the 20ti>-21st day of QeeeFReerAugust, 201-7~ by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
MARTELL MONTGOMERY Carolyn Luna , Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 6100 -17-Dec. 10, 2019 Item #8 Page 39 of 57
7/30/2019 Chapter 1.20 MEETINGS
regarding the salaries, salary schedules or compensation paid in the form of fringe benefits, of the city manager, city
attorney, any department head or other executive level employee is prohibited, however, special meetings to discuss
the city's budget are permitted .
. C. During emergency situations, meetings may be held as provided in Section 54956.5 of the Brown Act.
D. City council meetings may be held concurrently as meetings of the legislative body of any public agency the
governing body of which is comprised of the members of the city council. When a concurrent meeting is held, the
presiding officer or clerk will commence the meeting with the announcement required by Section 54952.3 of the
Brown Act. The city clerk may include the information required by Section 54952.3 on the agenda for a meeting,
and the oral announcement may be made by reference to that information. As used in this chapter, city council also
means the legislative body of any public agency the governing body of which is comprised of the members of the
city council.
E. The city clerk and city manager are authorized and directed to prepare, deliver and post meeting notices. (Ord.
CS-329 § 3, 2018)
Meetings may be adjourned to a time and place stated in the notice of adjournment and as provided by law. The presiding
officer may adjourn any meeting without need for a motion and absent the objection of a majority of the quorum. Once
adjourned, a meeting may not be reconvened, except at the time and place stated in the notice of adjournment. A regular
· meeting may not be adjourned to a date beyond the next regular meeting. The city clerk and city manager are authorized
and directed to prepare, deliver and post notices of adjournment. Notice of adjournment is not required when a meeting is
adjourned without specification of the time and date when it will be reconvened. (Ord. CS-329 § 3, 2018)
A quorum necessary for the transaction of business at a meeting of the city council exists whenever a majority of the
council are present. A meeting may be adjourned for lack of a quorum by the presiding officer or, in the absence of a
presiding officer, any member of council or the city clerk. A member disqualified from participation in a matter due to a
conflict of interest will not be counted toward achieving a quorum as to that matter. If a disqualification due to a conflict
of interest results in the lack of a quorum, consideration of the matter will be deferred until either a quorum of non-
disqualified council members are present, or a quorum is determined as defined in and subject to the regulations of the
Fair Political Practices Commfasion. (Ord. CS-329 § 3, 2018)
The privilege of confidentiality of closed sessions is held by the city council.
No person may disclose any information communicated during a closed session. This prohibition does not apply to:
A. Disclosures expressly authorized by action taken by a majority of the city council;
B. Reports of action taken in closed session;
C. Disclosures expressly authorized or required by law;
D. Confidential disclosures to a council member, city employee or other person authorized to attend a closed
session without loss of the privilege of confidentiality. (Ord. CS-329 § 3, 2018)
1.20.060 Council agenda.
A. The city clerk, under direction of the city manager, will prepare an agenda for each council meeting. The
agenda for a special or emergency meeting may be combined with the notice of the meeting.
B. An agenda will contain the following information:
1. The date, time and location of the meeting;
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7130/2019 Chapter 1.20 MEETINGS
the agenda by a council member do not require a staff report, but the council member may provide a report or other
documents relevant to the item the council member has requested to be placed on the agenda. The city manager or
city attorney may provide a report or recommendation relating to a matter placed on the agenda by a council
member. Staff reports and other documents relevant to items of business, including reports. and other documents
provided by a council member with respect to an item placed on the agenda by that council member, must be
delivered to the city clerk not later than 5 :00 p.m. on the Wednesday preceding a regular meeting or 72 hours before
the date of a special meeting. The city clerk, under the direction of the city manager, is responsible for compiling the
reports and other documents and for preparing an agenda packet.
B. Ordinances, resolutions and contract documents must be prepared or approved by the city attorney before ·
delivery to the city clerk for inclusion in the agenda packet. Nothing in this chapter is intended to preclude the city
council from orally amending any ordinance, resolution, contract, or other document presented to it prior to final
action at a meeting.
C. Correspondence, including electronic mail, relating to an item of business on an agenda received by the city
clerk before 5 :00 p.m. of the Wednesday preceding a regular meeting will be included as part of the agenda packet
materials for that item; correspondence received later may be included in the agenda packet in any manner or may
be delivered to the city council by different means.
D. The agenda packet for a regular meeting will be delivered to the council members not later than the Friday
preceding the meeting. The agenda packet will be available to the public at the office of the city clerk and posted on
the city's website on the same day that it is delivered to the council members. An agenda packet for a special or
emergency meeting may be delivered to the council and made available to the public at the meeting. The city clerk is
also authorized and directed to mail agenda packets to persons and organizations who have filed a request for a
mailing of agenda packets and have paid the fee in the amount established by the city for that service. Agenda
packets may be made available and delivered in electronic format. (Ord. CS-329 § 3, 2018)
1.20.080 Minutes.
A. The city clerk is responsible for the minutes of all city council meetings, except closed sessions. The minutes
will be a record of each paiticular type of business transacted or discussed but a verbatim transcript of the
proceedings is not required. The minutes may include the names of persons addressing the council, the title of the
· subject matter to which their remarks related and whether they spoke in support of or in opposition to such matter.
The clerk will include in the minutes of the meeting a council member's statement on a matter upon request made by
that council member at the time the statement is made. Any council member may have the reasons for his or her
support for or dissent from any action of the council entered in the minutes by making a request in substantially the
following manner: "I would like the minutes to show that I [support] [am opposed to] this action for the following
reasons ... "
B. The city clerk will prepare proposed minutes and present them to the city council for approval.
C. The minutes may be approved without reading if the clerk has included the proposed minutes in the agenda
packet. The minutes will be read before approval upon motion approved by the city council. Proposed amendments
to the minutes as submitted by the city clerk must be verified by the city clerk prior to approval by the city council.
Fallowing approval, minutes of meetings will be permanently kept in a format or medium suitable for storage of
permanent public records. (Ord. CS-329 § 3, 2018)
!-20.()9,0 Re~or~(ngs of meeti_i:t~s'. ...
A. The city clerk may record city council meetings as an aid in the prepai·ation of minutes. Recordings will be
retained in accordance with the city's adopted Records Retention Schedule unless a longer retention is required by
the city council, the city manager or the city attorney.
B. Prior to reuse or erasure, members of the public may hear the recordings of the city council meetings during
office hours when it will not inconvenience the ordinary operation of the clerk's office; brief or shorthand notes may
be made; recordings may be duplicated under procedures established by the clerk. The city clerk is further
authorize_d to allow the equipment to be used by the public for listening or recording purposes when such equipment
is not necessary for use by the city clerk in the ordinary function of the office. Except as provided for in Chapter
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matters. The actions recommended or requested by the city manager will be included in summary form in the agenda
description of each consent calendar item. Before accepting a motion to approve the consent calendar, the presiding
officer must determine whether any council member, city officer or employee, or member of the public desires to be heard
on one or more consent items. In that event, the presiding officer will defer action on the particular matter or matters as
part of the regular agenda in any order deemed appropriate. A council member may record a negative vote or an
abstention on a consent calendar item without removing the item for discussion by so stating prior to the vote on the
motion to approve the consent calendar. A request from the public to discuss an item on the consent calendar must be
filed with the city clerk in writing prior to council consideration of the consent calendar. The city clerk is directed to
include on an agenda containing a consent calendar a statement of this requirement along with a summary of the
procedure for consideration of consent calendar items. (Ord. CS-329 § 3, 2018)
1.20.130 _General_rules of procedure. __
A. Every council member, city officer or employee, or any other person desiring to speak during a council
meeting must first gain recognition by the presiding officer. Following recognition by the presiding officer, the
speaker must confine him or herself to the question or matter under consideration, avoiding reference to character
and indecorous language.
B. Every council member desiring to question the city staff will address the questions to the city manager or the
city attorney, who shall be entitled either to answer the inquiry him or herself or to designate a member of his or her
staff for that purpose. Members of the public desiring to ask a question regarding an item on the agenda must do so
only when public comment regarding an item is permitted. Questions from a member of the public must be directed
to the presiding officer, who may refer the question to any member of the city council, city manager or city attorney
as the presiding officer deems appropriate.
C. Once a council member, city officer or employee, or other person has been recognized and allowed to speak by
the presiding officer, the person w1ll be allowed to conclude his or her remarks without interruption, except an
interruption by the presiding officer to preserve order, subject to applicable time limits. A council member seeking
to raise a point of order or personal privilege must first gain recognition from the presiding officer. If a council
member while speaking is called to order, the council member shall cease speaking until the question of order is
determined, and if determined to be in order, the council member may proceed. If intem1pted by the presiding
officer, city officers and employees and members of the public must cease speaking until further authorization by the
presiding officer.
D. The right of a council member to address the council on a question of personal privilege is limited to cases in
which the council member's integrity, character or motives are questioned or .where the welfare of the council is
concerned. A council member raising a point of personal privilege may intem1pt another council member who has
the floor only if the presiding officer recognizes the privilege.
E . A member of the council who wishes· to terminate discussion of a motion may call for the question. If the call
is seconded, the presiding officer shall ask for a vote. If the call carries, the council shall then vote on the motion
without further discussion.
F. Voting will be conducted using the voting system installed in the Council Chamber, unless the city council
dispenses with use of the voting system or the system is not functioning. If the voting light system is not used,
voting will be by voice vote or other system by which the vote of each council member is made known to the public.
Secret ballots are prohibited.
G. Every council member should vote unless disqualified due to conflict of interest. A council member who
abstains from voting acknowledges that a majority of the quorum may decide the question voted upon, however,
ordinances, resolutions, orders for franchise or payments of money or adoption or amendment of a specific or
general plan require the affirmative vote of a maj01ity of the city council (i.e., three affirmative votes).
H. For matters that may be decided by a majority of the quorum, tie votes constitute "no action," and the matter
voted upon remains before the council and is subject to further council consideration. If the presiding officer
determines that city council is unable to take action on a matter during a meeting because of a tie vote, the city clerk
shall place the item on the next regular meeting of the city council for further consideration. For matters that require
approval by affi1mative vote of a majority of the city council, any vote of less than the required number of
affi1mative votes results in denial of the action, unless a member of the city council who did not vote in the
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the request of a member of the public, the presiding officer may invite the speaker to address the council and may
defer or waive presentation of a staff report. (Ord. CS-329 § 3, 2018)
1.20.150 Use _of ci~ equip~ent. __________ " _______ . _
Persons desiring to use city information system or communication equipment for presentation of information to the
council must make arrangements in advance with the city manager. The city manager may establish reasonable rules
regarding format, security, time for submission and other similar matters. (Ord. CS-329 § 3, 2018)
1.20.160 Cond_uct of public heari_ngs.
A. The provisions of this section apply to matters listed on the agenda as public hearing items. Except as
otherwise provided in this section, all of the provisions of this chapter apply to matters listed as public hearing
items.
B. Public hearings will be noticed to begin at the time the council convenes, unless otherwise determined by the
city manager or directed by the city council in which case the notice of public hearing and agenda may state a
different time. If there is more than one public hearing scheduled for a meeting, the hearings will be held in the order
stated on the agenda unless the council changes the order. Meetings may be adjourned when necessary or convenient
to complete a hearing or schedule of hearings. Hearing will commence at the time stated on the agenda or as soon
thereafter as the conduct of business at the meeting permits.
C. All documents intended by the city to be pait of the record of the hearing and any correspondence received by
the city pertaining to the subject matter of the hearing will be available at the office of the city clerk at least 24 hours
prior to commencement of the hearing. This provision does not preclude the submission by any person of
supplemental or additional information during the hearing.
D. The applicant will be permitted 10 minutes to make a presentation, not including time to respond to questions
by members of the city council, and five minutes to respond _to comments by members of the public. As used in this
section, applicant includes any person or entity whose rights or interests are directly the subject matter of the
hearing.
E. The order of the hearing will be as follows unless otherwise required by law:
1. Presentation of staff and/or planning commission report;
2. Questions from the council;
3. Presentation by the applicant, if any;
4. Comments by members of the public;
5. Response by staff or applicant to facts or issues raised by public comments;
6. Council discussion and action.
F. The presiding officer may, set longer time limits than otherwise allowed by this chapter for adequate
presentation of testimony and evidence to provide a fair hearing. The decision of the presiding officer may be
appealed to the council.
G. Any person, other than a member of the council, who wishes to direct question(s) to an opposing witness shall
submit such question(s) to the presiding officer, who will ask the question(s) to the witness. The presiding officer
may at his or her discretion restrict the number and nature of any questions asked pursuant to this section'.
H. Before commencement of council discussion and action, the presiding officer may order closed the public
input portion of the hearing, at which time no further evidence, either oral or written, will be accepted by the council
except in response to a question by a council member; provided, however, that this rule may be relaxed by the
presiding officer where it appears that good cause exists to hear further evidence concerning the matter which is the
subject of the public hearing. Following completion of questions by council members, the presiding officer may
order the public hearing closed. A public hearing once closed cannot be reopened on the date set for hearing unless
the presiding officer determines that all persons who were present when the hearing closed are still present. Nothing
in this section, however, is intended to prevent or prohibit the reopening of a public hearing at any subsequent
meeting, provided notice is first given in the manner required for the initial hearing.
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consideration of the matter which is the subject of the council's consideration may be presented at the discretion of
the presiding officer. Failure of the presiding officer to strictly enforce rules of evidence or to reject matters that may
be irrelevant or immaterial does not affect the validity of the hearing. Any procedural errors that do not materially
affect the substantial rights of the parties will be disregarded. Rulings of the presiding officer are subject to change
by the city council in the same manner as any other procedural order.
B. All materials included in the agenda packet for a meeting are evidence and part of the record of the
proceedings for the agenda item to which they pertain. It is not necessary for materials included in the agenda packet
to be read in full or referenced at the meeting; however, the staff may present a summary of the information as part
of the staff presentation or upon request of the presiding officer. In addition, any of the following may be presented .
to the city council during the meeting and, if presented are evidence and part of the record:
1. Exhibits and documents not included in the agenda packet that are used during the presentation by
members of city staff and any persons addressing the city council and are provided to the city council;
2. Maps and displays used at the meeting; provided that, whenever practicable, they shall be displayed in full
view of the participants and the audience;
3. All written communications and petitions concerning an item presented at a meeting if a request for
inclusion in the record is made and the presiding officer grants the request; however, reading of
communications and petitions is not required and will generally be permitted only upon authorization by the
presiding officer; and
4. Information obtained outside the Council Chamber, such as a view of the site, provided the information,
to the extent it is relied upon in a quasi-judicial matter, is disclosed for the record.
C. The city clerk will retain all the agenda packet, exhibits, reports, maps and other physical evidence placed
before the council as public records. Such records may be released by the clerk with the approval of the city
attorney. Items that are large, perishable, bulky or otherwise difficult to store may be returned to the person
submitting the item provided that the clerk retains a photographic, video or digital record of the item. The clerk may
make and retain photographic, video or digital records of proceedings of meetings subject to the same requirements
applicable to other public records of the city.
D. Whenever any law requires that testimony presented to the city council under oath or affirmation, the presiding
officer or the city clerk may administer the oath or affirmation. (Ord. CS-329 § 3, 2018)
1.20.21() ~ubpoenas ..
The council may order the city clerk to issue, and the chief of police or representative to serve, subpoenas for any
witnesses or records necessary for the production of evidence at any duly scheduled public hearing or quasi-judicial
administrative proceeding. (Ord. CS-329 § 3, 2018)
1.20.220 Enforcement of decorum. . . . .... . •· ··-
A. The chief of police or such member of the police department as the chief, or authorized agent, may designate,
is the sergeant-at-arms of the city council. The sergeant-at-arms is required to be available to respond to all meetings
immediately upon call, and will attend meetings at the request of the mayor, city manager or majority of the city
council. The sergeant-at-arms is responsible for enforcing the orders of the presiding officer given for the purpose of
maintaining order and decorum at the council meetings. The sergeant-at-arms may, at any time, request assistance
from other members of the police department to accomplish that purpose. The city council may require the presiding
officer to enforce the rules upon approval of a motion by any council member.
B. Any person, including any member of the council or city staff, who by voice or conduct engages in loud,
boisterous or unruly behavior that substantially disrupts a council meeting or otherwise disrupts a meeting by failing
to comply with the rules established by this chapter, and continues to do so after the presiding officer has directed
the person to stop, commits an offense punishable as an infraction.
C. Any person arrested under subsection B of this section and who thereafter returns to the same meeting and
again violates the provisions of subsection B of this section, commits an offence punishable as a misdemeanor.
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4. Motion to call the question:
Purpose. To prevent or stop discussion on the pending question or questions and to bring such question or
questions to vote immediately. If the motion passes, a vote shall be taken on the pending motion or motions.
Debatable or Amendable. No.
5. Motion to limit or extend debate:
Purpose. To limit or determine the time that will be devoted to discussion of a pending motion or to extend or
remove limitations already imposed on its discussion.
Debatable or Amendable. Debate and amendments are restricted to duration of the proposed limit or extension.
6. Motion to refer to commission, committee or staff:
Purpose. To refer the question before the council to a commission, committee or to the city staff for the
purpose of investigating or studying the proposal and to make a report back to the council. If the motion fails,
discussion or vote on the question resumes.
Debatable or Amendable. Yes.
7. Motion to amend:
Purpose. To modify or change a motion that is being considered. An amendment may be in any of the
following forms: to "add" or "insert" certain words or phrases; to "strike out certain words or phrases and to
add others"; to "replace" certain words, phrases or actions on the same subject matter as the one pending; to
"divide the question" into two or more questions to allow for a separate vote on particular points. A motion to
amend shall relate to the subject of the main motion. A motion to amend, including a motion to substitute an
entire motion for the one pending, shall not be used to change the nature of the main motion, for example a
motion to replace the word "approve" with the word "disapprove" is prohibited where the nature of the main
motion is changed. If a motion to amend passes, then the main motion should be voted on as amended.
Debatable or Amendable. It is debatable if the main motion to which it applies is debatable. It is amendable,
but a motion to amend an amendment is not further amendable.
8. Motion to continue:
Purpose. To prevent further discussion and voting on the main motion until a future date or event. If the motion
fails, discussion and voting on the main motion resumes. If it passes, the subject of the main motion shall not
be brought up again until the specified date or event.
Debatable or Amendable. It is debatable and amendable, however amendments are limited to the date or event.
9. Main motion:
Purpose. The primary proposal or question before the council for discussion and decision.
Debatable or Amendable. Yes. (Ord. CS-329 § 3, 2018)
1.20.250 Council action.
City council action will be taken by motions approved by vote of council members. Action required by law to be taken by
;resolution or ordinance may be taken upon approval by the required number of affinnative votes of a motion to approve
or adopt the resolution or ordinance. Action not requiring adoption of a resolution or ordinance, including providing
direction or authorization to a city officer or employee, may be taken by motion recorded in the minutes of the meeting.
(Ord. CS-329 § 3, 2018)
1.20.260 Resolutions.
Whenever feasible, resolutions implementing a staff recommendation will be included in the agenda packet. Resolutions
will be prepared or approved by the city attorney before submission to the city council. It is not necessary to read the
resolution by title or in full; provided it is identified by the presiding officer. Where a particular resolution has not been
prepared in advance, a motion may direct the city attorney to prepare the document and return it to the council. When
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 council. (Ord. CS-329 § 3, 2018)
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7/30/2019 Chapter 1.20 MEETINGS
basis, the manager will provide the mayor and council members with correspondence received and a report of any
administrative action taken. Correspondence relating to an item on the agenda for a council meeting will be provided to
the city clerk for inclusion in the agenda packet. The city manager's office and city clerk's office will coordinate on mail
received by the city clerk's office to effectively accomplish the purposes ofthis section. Correspondence relating to an
item on the agenda of a meeting and received by the city clerk or city manager before 5 :00 p.m. on Wednesday of the
week before the day of a council meeting will be included in the agenda packet for the meeting. (Ord. CS-329 § 3, 2018)
View the mobile version.
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7/30/2019 Chapter 2.15 BOARDS AND COMMISSIONS
1. Resident of the City of Carlsbad and a registered voter.
2. Not currently an officer of or employed by the City of Cadsbad or under contract with the City of
Carlsbad.
3. Appointment would not violate any term limits applicable to the position sought.
B. The city council may consider, in its discretion, the following additional criteria in appointing members to the
boards and commission:
1. Prior participation in the Citizen's Academy.
2. Recent experience and/or understanding of municipal government.
3. Knowledge of subject matter governed by the board or commission.
4. Ability to fairly and impartially represent community interests.
5. Experience on other boards, commissions or committees ..
6. Geographical diversity of the membership of the board or commission. (Ord. CS-337 § 3, 2018)
~-1-?'.C>.~C>. ~~c:i:1J _~ppoi_11_ti:a:1.~r.t~ list._ ....
The city clerk shall compile and publish a local appointments list in accordance with Govemment_Code Section 54970 et
seq. (Ord. CS-337 § 3, 2018) .
2.15.050 Appointments. ··-····
A. Appointments to the planning commission, parks and recreation commission, and traffic safety commission,
shall be made by the following process:
1. The mayor and each councilmember shall nominate one individual to serve on each of the commissions
for a term coinciding with the te1m of the councilmember making the appointment. The mayor shall nominate
two additional individuals to serve on each of the commissions. All nominations shall be subject to ratification
by a majority vote of the city council. If a nominee is not approved by a majority vote of the city council, the
councilmember making the nomination may nominate another individual at the same or a subsequent meeting.
In the event that a member of the city council does not make any nomination within 45 days of the date the
councilmember is sworn into office or within 60 days of the occurrence of a vacancy, the appointment will be .
made by the mayor with the approval of the city council.
2. Although each member of the city council elected by a district shall use his or her best efforts to appoint
individuals residing in tl1at district to these commissions, members of the city council may appoint individuals
not residing in their districts in their discretion in order to assure that the most interested and qualified
individuals serve on tl1e commissions.
B. Appointments to all other city boards and commissions shall be made by the mayor with the approval of the
city council. (Ord. CS-342 § 2, 2018; Ord. CS-337 § 3, 2018)
2.15.060 Term. --. ·--·· -·.
A. Members of boards or commissions shall serve for a term of four years, unless otherwise specified in this
chapter. Such members shall be eligible for reappointment at the expiration of their first term for one additional four-
year term. City council will specify the effective date of the appointment.
B. Unless otherwise specified in this chapter, members who are appointed to serve unexpired terms due to an
unplanned vacancy shall serve to the end of the former incumbent's term.
C. Except as otherwise specified in this chapter, a member may be appointed to serve a term of less than four
years if the council determines that it is in the best interest of the board or commission that a member serve a shorter
term in order to provide for appropriate staggered te1ms to preserve a continuity of membership on the board or
commission.
www.qcode.us/codes/carlsbad/ 2/4 Dec. 10, 2019 Item #8 Page 55 of 57
7/30/2019 Chapter 2.15 BOARDS AND COMMISSIONS
the city council within the scope of an approved work plan. (Ord. CS-337 § 3, 2018)
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Unless specifically appropriated and approved by the city council, all members of the city's boards, commissions and
committees shall serve without compensation. (Ord. CS-337 § 3, 2018)
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www.qcode.us/codes/carlsbad/ 4/4 Dec. 10, 2019 Item #8 Page 57 of 57
Planning Commission Workplan and
Ordinance Amendments
Dec. 10, 2019
Items for Consideration
•Fiscal Year 2019-20 Work Plan
•Ordinance Amending Chapter 2.24 of the
Carlsbad Municipal Code to update the
Planning Commission’s procedural rules
2
Background
•Municipal Code Update Project – 2018
•Chapter 1.20 –Meetings and Chapter 2.15 –
Boards & Commissions adopted
•Established procedure for City Council and
board and commission meetings
•Goal to standardize meeting procedures
3
Background
Section 2.15.020 C requires each board or
commission to provide to the city council, for its
approval, an annual work plan of activities to be
undertaken.
4
Planning Commission Work Plan
3 Main Categories
1.City Planning & Policy Documents
2.Private Development Projects
3.City Capital Improvements Projects
5
Work Plan –City Planning & Policy
Documents
•Local Coastal Program Update
•Zoning Code Update
•Housing Element Update
•Growth Management Program Update
•Density Bonus Update
•Standards for Multi-Family Residential Structures
6
Work Plan –Private Development Projects
•Review and act on permits requested for
private development projects
•Major projects are listed in the work plan
7
Work Plan –City Capital Improvement
Projects
•Review and act on permits requested for city
capital improvement projects
•Major projects are listed in the work plan
8
Ordinance Amendment –Chapter 2.24,
Planning Commission
•Deletion of sections covered by Chapters 1.20
and 2.15
•Modified the list of ex officio members
•Deleted reference to the Village review area
and Planning Commission responsibilities
9
Recommendation
Adopt a Resolution approving the Planning
Commission Work Plan for fiscal year 2019-20
and introduce an Ordinance amending Chapter
2.24 of the Carlsbad Municipal Code to update
the Planning Commission’s procedural rules.
10