HomeMy WebLinkAbout2019-08-21; Planning Commission; ; MCA 2019-0001 – PLANNING COMMISSION WORK PLAN FOR FISCAL YEAR 2019-2020 AND AMENDMENTS TO PROCEDURAL RULES
Item No.
Application complete date: N/A
P.C. AGENDA OF: August 21, 2019 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.
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MCA 2019-0001 – PLANNING COMMISSION WORK PLAN FOR FISCAL YEAR 2019-2020 AND
AMENDMENTS TO PROCEDURAL RULES
August 21, 2019
Page 2
III. 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. Carlsbad Municipal Code Chapter 2.15 Boards and Commissions
Chapter 2.24
PLANNING COMMISSION
Sections:
2.24.010 Created.
2.24.020 Composition—Appointment.
2.24.030 Absence from meetings.
2.24.040 Regular and adjourned meetings.
2.24.050 Officers—Rule adoption—Records.
2.24.0630 Duties.
2.24.06540 General plan conformance—Time for or waiver of report.
2.24.070 Quorum and vote.
2.24.010 Created.
Under and pPursuant 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 threefour 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, two 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. No 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)
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
therewith remove the member from the commission without 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)
* For provisions on attendance of city manager at commission meetings, see Section 2.12.125 of this code.
2.24.050 Officers—Rule adoption—Records.
The planning commission shall elect from among its appointed members a chair and vice-chair
to serve for a term of one year. It shall adopt rules for the transaction of business and shall keep
a record of the resolutions, transactions, findings and determinations, which record shall be a
public record. (Ord. CS-040 § I, 2009; Ord. 1157 § 2, 1973; Ord. 1020 § 5)
2.24.0630 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 commission shall be responsible for the
administration of, and shall carry out the duties specified in Chapters 21.35 and 21.81 of the
Carlsbad Municipal 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 commission shall constitute a quorum for the transaction of
business.
B. Except when otherwise provided by law, a majority vote of the quorum shall be required for
any planning commission 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 commission is unable
to take action 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 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. (Ord. CS-040 § I, 2009; Ord. NS-135 § 1, 1991; Ord. 1247
§ 1, 1982; Ord. 1244 § 1, 1982; Ord. 1159 § 1, 1973)
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PLANNING COMMISSION RESOLUTION NO. 6100
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING PLANNING COMMISSION
PROCEDURES
The Planning Commission of the City of Carlsbad hereby resolves as follows:
The Planning Commission is charged with reviewing for conformance with law 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 consistency with the general plan, zoning,
the growth management plan, local facilities management plans, and the local coastal program, among
other things.
In reaching its decisions, the Commission must at all times be sensitive to citizen 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 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.
To assist them in reaching their decisions, the Commissioners will receive ongoing
technical and background information and guidance from the staff, including instruction on matters of
policy, city standards and procedures, City Council decisions and staff’s recommendations as to what
provides the greatest benefit to the citizens of Carlsbad. The Commissioners are also expected, on their
own initiative, to take such additional steps as they feel necessary to discharge their duties in a well-
informed and conscientious manner.
The Commission’s actions are final in some instances, and in matters reserved by the
Council, advisory only. The goal of the Commission in all matters is to act in the best interests of the City
of Carlsbad and its citizens as a whole.
Planning Commission Resolution No. 6100 is hereby rescinded and replaced in its entirety
by this resolution.
Chapter 1.20 of the Carlsbad Municipal Code contains procedures applicable to the
conduct of Planning Commission Meetings. In regard to the application of Chapter 1.20 to the conduct of
business by the Planning Commission references in Chapter 1.20 to “City Council” should be replaced with
“Planning Commission”, the word “Mayor” should be replaced with “Chairperson”, the word “Council
Member” with “Planning Commissioner”, and “City Manager” with “City Planner”.
The following procedures and rules for the conduct of Planning Commission Meetings are
adopted to supplement the requirements contained in Chapter 1.20 and 2.15 of the Carlsbad Municipal
Code:
Sections:
I. Officers:
A. Terms, how elected
B. A. Powers and duties of Chairperson
II. Meetings of the Planning Commission
A. Types of meetings:
1. Regular
2. Special
3. 2. Study sessions or workshops
B. Meetings to be public
C. Adjourned meetings
D. Quorum
E. B. Voting:
1. Procedures
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2. 1. Disqualification for conflict of interest
3. 2. Failure to vote
4. Changing vote
F. Reconsideration
G. C. Meeting Agenda:
1. How and when prepared
2. Preparation of resolutions
H. Items not on the Agenda
I. Meeting Minutes:
1. Reading only by request
2. How prepared and recorded
3. Recording of meetings
4. Distribution of minutes
5. Availability to public
J. D. Correspondence:
1. Available at meeting
2. Authority of City Planner
K. E. Conduct of business: readiness for meeting
L. F. Call to order
M. G.Roll call
N. H. Order of business
III. General meeting rules:
A. General decorum
1. Commission and city staff
2. Audience
3. Enforcement of decorum
B. Requests to address Commission on non-public hearing items
C. Addressing the Commission: Spokesperson for group of persons
IV. III. Public Hearings:
A. When held
B. Procedure and order of business
C. Evidence
D.C.Continuation
E.D. Termination of public testimony
F.E. Decision
G.F. Closing
H.G.Reopening
V. Parliamentary Procedures
A. Robert’s Rules of Order
B. Parliamentary rules for individual Commissioners:
1. Gaining the floor
2. Questions to staff
3. Interruptions
4. Point of order
5. Point of personal privilege
6. Privilege of closing debate
7. Calling the questions
8. Protest against Commission action
C. General motions
D. Precedence of motions
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E. Particular motions, purpose and criteria:
1. Adjourn
2. Recess
3. Table
4. Call the question (Previous Question)
5. Limit or Extend debate
6. Refer to Committee or Staff
7. Substitute motion
8. Amend
9. Withdraw
10. Postpone
11. Continue
12. Minute motion
13. Main motion
VI. IV. Resolutions:
A. Commission action
B. Adoption
VII. V. Correction of documents
VIII. VI. Failure to observe procedures
IX. VII. Ralph M. Brown Act
I. OFFICERS:
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 and Vice Chair shall assume their
respective offices at the January meeting. A Commissioner must serve one year before being elected
Chair.
B. 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.
4. The Chairperson shall be responsible for the maintenance of order and 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.
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 alternate
Chairperson may sign such documents.
II. MEETINGS OF THE PLANNING COMMISSION:
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 noticed. If, by reason of fire,
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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 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, 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 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 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 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 meeting convenes files with the City Planner 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 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.
3. 2. 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 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. However, the comments of the public in such session shall be
subject to the discretion of the Chairperson.
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 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 also be open to the public and subject to the
Ralph M. Brown Act.
C. ADJOURNED MEETINGS: All meetings may be adjourned to a time, place and 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 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 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 City
Planner shall declare the meeting 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 City Planner shall post notice of such adjournment on the Council Chamber door within
twenty-four hours after the time of the adjournment.
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 such meeting, or if no
member of the Commission is present, the City Planner shall adjourn the meeting. For the purpose of
considering any item subject to vote of the Commission, when a 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 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.
E. B. VOTING:
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1. Procedures: Voting shall be conducted by the use of the voting light system 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.
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 persons voting
against the matter, and lastly a show of hands of those voting to abstain. When 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 oral statement of ‘NO’ or ‘NAY’; and an
abstention by registering ‘YES’ or ‘AYE’ by the Commission Member voting.
2. 1. Disqualification for conflict of interest: If a Commissioner has reason to think
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.
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 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.
F. RECONSIDERATION:
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 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 other motion at a subsequent meeting of
the Commission.
2. A motion to rescind, repeal, cancel or otherwise nullify prior Commission 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.
G. 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
direction of a majority vote of the membesr 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.
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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.
H. ITEMS NOT ON THE AGENDA:
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 no action shall
be taken on any item not appearing on the agenda. This part of the agenda shall be limited to 15 minutes.
2. No action or discussion shall be undertaken on any item not appearing on the 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 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 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 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.
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 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
continued to the meeting at which action is being taken.
I. MEETING MINUTES:
1. Reading only by request: Unless the reading of the minutes of a meeting is requested
by a member of the Commission, the minutes may be approved without reading if each 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 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, 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 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 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 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.
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 approved, the recording tape shall be
retained by the City Planner for a minimum period of one year. The City Planner shall provide the blank
recording tapes necessary to record the 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, City Planner, and any other individuals designated by the City Manager.
5. Availability to public:
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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 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.
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 City
Planner) shall make arrangements to make and preserve such a record at the expense of the person
making the request.
c. If any person desires to have a matter reported by a stenographer 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.
J. 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.
K. 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 of the Commission shall be conducted in
substantially the order and in the manner herein provided.
L. 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.
M. G. ROLL CALL: Before proceeding with the business of 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.
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N. 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. Statement of Planning Commission ProceduresComments from the public on items
not listed in the Agenda
6. Comments from the public on items not listed in the AgendaStatement 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
GENERAL MEETING RULES:
A. GENERAL DECORUM:
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 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 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 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.
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 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.
B. REQUESTS TO ADDRESS COMMISSION ON NON-PUBLIC HEARING ITEMS:
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 any particular non-public hearing
item.
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2. Any person or group of persons desiring to address the Commission on a non-hearing
matter must file with the City Planner a written request for permission to address the Commission in
advance of the Commission’s consideration of the item. The Chairperson may grant consent to address.
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 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 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 of the
Chairperson.
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.
C. ADDRESSING THE COMMISSION – SPOKESPERSON FOR GROUP OF 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 Chairperson may limit the
number of such persons and limit the presentation to information not already presented by the group
spokesperson.
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.
IV. III. 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. 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 or as soon thereafter as practicable.
B. PROCEDURE AND ORDER OF BUSINESS:
1. The Chairperson shall announce that it is the time and place for a 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:
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a. Presentation of Staff Report
b. Questions from the Commission to Staff
c. Presentation, if any, by the Applicant (limited to 15 minutes or at the
discretion of the Chairperson)
d. c. Questions from the Commission to the Applicant
e. d. Testimony of Public
f. e. Response of Applicant
g. f. Termination of public testimony
h. g. Discussion by Commission – Further Questions of Staff
i. h. Planning Commission Vote
j. i. 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 an 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 shall
may 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 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.
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 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 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 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 presented, shall also become part of the record:
a. Exhibits and documents used by the city staff and any persons 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.
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 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 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.
e. All exhibits, reports, maps and other physical evidence placed before 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.
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D. 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 continuation 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.
E. 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.
F. E. DECISION:
1. When neither the applicant, the public, nor the city Staff have further 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; 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 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 City Planner
to return with 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
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 Commission’s
decision is not final until adoption of the documents.
2. A Commissioner who was absent from all or a part of a public hearing shall not
participate in a decision on the matter unless they have examined all the evidence including 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 understanding of the matter.
G. F. CLOSING: Following a vote by the Commission, the Chairperson shall close the public
hearing.
H. G. REOPENING: A public hearing on any matter once closed cannot be reopened on the
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.
V. PARLIAMENTARY PROCEDURES:
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
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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.
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 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
City Planner or City Attorney. Questions shall be limited to inquiries 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 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 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 determine such question of order.
5. Point of Personal Privilege: The right of a Commissioner to address the 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 the floor only if the Chairperson
recognizes the privilege.
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 the motion without
further discussion.
7. Protest Against Commission Action: Any Commissioner shall have the right 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…”
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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 desiring the particular action
formalized by separate instrument.
2. If the motion contains two or more divisible propositions, the Chairperson 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.
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.
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:
a. Adjourn
b. Recess
c. Table
d. Call the Question (Previous Question)
e. Limit or Extend Debate
f. Refer to Committee or Staff
g. Substitute
h. Amend
i. Withdraw
j. Postpone
k. Continue
l. Minute Motion
m. Main Motion
2. The order of preference in Section 1. above is subject to the following restrictions:
a. A motion shall not be in order which repeats a motion made previously at
the same meeting unless there has been some intervening Commission
action or discussion.
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.
d. A motion shall not be in order when made as an interruption of a
Commissioner while speaking.
E. PARTICULAR MOTIONS, PURPOSE AND CRITERIA: The purpose and salient criteria of the
motions listed in Section B are as follows:
1. Adjourn:
Purpose: To terminate a meeting.
Debatable or Amendable: No, except a motion to adjourn to another time is
debatable and amendable as to the time to which the meeting is to be adjourned.
Second Required: Yes
Majority vote
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2. Recess:
Purpose: To permit an interlude in the meeting and to set a definite time for
continuing the meeting.
Debatable or Amendable: Not debatable, but is amendable.
Second Required: Yes
Majority vote
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.
Debatable or Amendable: No
Second Required: Yes
Majority vote
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.
Debatable or Amendable: No
Second Required: Yes
Two-thirds vote
5. Limit or Extend Debate:
Purpose: To limit or determine the time that will be devoted to discussion of a
pending motion or to extend or remove limitations already imposed on its
discussion.
Debatable or Amendable: Not debatable; amendments are restricted to period
of time of the proposed limit or extension.
Second Required: Yes
Two-thirds vote
6. Refer to Committee or Staff:
Purpose: To refer the question before the Commission to a Committee or to the
city staff for the purpose of 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.
Debatable or Amendable: Yes
Second Required: Yes
Majority vote
7. Substitute Motion:
Purpose: To strike out one main motion and insert another main motion in its
place, which may be done so long as it is related to the subject of the original
motion.
Debatable or Amendable: The substitute motion is left unacted on until
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.
Second Required: Yes
Majority vote
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8. Amend:
Purpose: To modify or change a motion that is being considered by the
Commission so that it will express more satisfactorily the will of the members. If
the motion passes, then the main motion should be voted on as amended.
Debatable or Amendable: It is debatable unless applied to an undebatable main
motion. It is amendable.
Second Required: Yes
Majority vote
9. Withdraw:
Purpose: If circumstances arise after a motion has been made which 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 to the withdrawal,
in which case the matter of withdrawal would be subject to a vote of the
Commission.
Debatable or Amendable: No
Second Required: Yes, when the matter of withdrawal is subject to a vote of the
Commission
Majority vote
10. Postpone/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
resume. If it passes, the subject of the main motion shall not be brought up again
until the specified date or event.
Debatable or Amendable: Yes
Second Required: Yes
If made before there is a main motion pending, then 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 uncertain
prior to making a main motion.
Debatable or Amendable: Yes
Second Required: Yes
Two-thirds vote
12. Minute Motion:
Purpose: To make a permanent record and enter into the minutes the 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 other and further action as determined by the
Commission which does not require a written resolution. A minute motion shall
not substitute for a resolution.
Debatable or Amendable: Yes
Second Required: Yes
Majority vote
13. Main Motion:
Purpose: The primary proposal or question before the Commission for discussion
and decision.
Debatable or Amendable: Yes
Second Required: Yes
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Majority vote
VI. V. RESOLUTIONS:
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.
B. ADOPTION:
1. Where a particular resolution has been prepared and is before the 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.
2. Where a particular resolution has not been prepared, a motion to direct the City
Planner 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.
VII. VI. CORRECTIONS OF DOCUMENTS: Upon occasion, resolutions or other documents 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 executed, shall become
the original document.
VIII. VII. FAILURE TO OBSERVE PROCEDURES: These rules are adopted to expedite the 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 Commission or
invalidate any action taken at a meeting if it is otherwise held in conformity with law.
IX. VIII. 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.
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
. . .
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, held on the 20th 21st day of DecemberAugust, 20179, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
MARTELL MONTGOMERY Carolyn Luna, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner