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HomeMy WebLinkAbout79-03 - Resolutions RESOLUTION NO. 79~03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING ADMINISTRATIVE REGULATIONS FOR OPERATION, PROCEEDINGS, OFFICERS, AGENDAS, MEETING MINUTES, ET. AL. OF THE PLANNING COMMISSION MEETINGS. WHEREAS, the Planning Commission of the City of Rancho Cucamonga recognizes that in order to maintain efficient equitable and orderly review of items before the Planning Commission, certain rules and guidelines must be established, and; WHEREAS, the Planning Commission has reviewed and considered the attached Exhibit "A" as administrative regulations to establish procedures and guidelines for efficient, equitable and orderly review of Planning Commission items, and; NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION HEREBY declares the attached Exhibit "A" as the Administrative Regulations for the Rancho Cucamonga Planning Commission. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ~He~a~n .2~ fp e1 Secretary of the Planning Commission I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga at a regular meeting of the Planning Commission held on the 24th day of January, 1979. AYES: COMMISSIONERS: GARCIA, DAHL, JONES, TOLSTOY, R~fPEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ADMINISTRATIVE REGULATIONS CHAPTER 1 A. Election and Term of Office 1. The Planning Commission shall elect a chairman and a vice- chairman from among its appointed members for a term'of one year, at the first regular meeting in July of each year. 2. The chairman and the vice-chairman shall hold office for one year and thereafter until their successors are elDcted. In case of any vacancy in office, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. B. Duties of Officers and Staff 1. Chairman. .The chairman shall preside at all meetings.of the Commission. He shall appoint all committees and shall perform all other duties necessary, customary or incidental to his office. 2. Vice-chairman. The vice-chairman in the absence of the chairman, or because of his inability to act, shall take his place and perform his duties. In the event of absence, or inability to act, by both the chairman and the vice- chairman, the remaining members of the Commissiod shall elect one of their members to act as temporary chairman. 3. Secretary. The secretary (Community Development Director) shall provide technical advice to the Planning Commission, shall assist the Commission in the discharge of their responsibilities and shall maintain minutes of meetings and records of hearings and official actions. C. Meetings 1. Regular meetings of the Commission shall be open to the public and shall be held on the second and fourth Wednesdays of each month at 7:00 P.M., in the Community Services Building. If the regular meeting day falls on a legal holiday the Commission, or the secretary, may fix another day thereafter. Any regular meeting of the Planning Commission may be adjourned to another place and time certain within the~ City. 2. Special Meetings and Study Sessions' Special meetings and study sessions of the Commission shall be open to the public and shall be held at such time and place as the Commission may determine or they may be called by the chairman or majority of the members of the Planning Commission upon 24 hours notice pursuant to the Government Code. The secretary shall be responsible for giving any necessary notice of such special meetings as prescribed by law. D. Agendas for Meetings 1. Provision should be made for the preparation of agendas. Copies of the prepared agenda should be made available to members of the public attending the regular commission meeting by placing same near the entrance of the place of meeting. No matter other than those on the asenda should be acted upon by the Planning Commission provided that matters deemed to be of an ~r~ent nature may be considered and acted upon by the Plannin~ Commission' if all of the members present consent to placing the matter on .~he agenda. 2. A copy of the agenda for every regular meeting of the Planning Commission shall be provided each member no later than the Friday prior to the date of the meeting at which such agenda is to be considered. 3. None of the following matters shall be placed on the.agenda, or considered at any given meeting, unless filed with the Secretary of the Planning Commission in the manner provided by law, at least twenty (20) days in advance of the Planning Commission meeting at which such matter or matters are to be considered: a. Tentative Maps and Parcel MAps b. Application for Zone Changes ~c. Applications for Variances, Conditional Use Permits -- d. Any matter not enumerated in the foregoing which by law is required to be considered at advertised public hearings. 4. It shall be the right of any Planning Commissioner to,place any item on the agenda provided such item is added at least ten (10) days prior to the meeting in which it is considered, except for public hearing items. In the case of public hearing'items requested by a Planning Commissioner, a request must be considered by the Planning Commission as a whole prior to scheduling. E. Order of Business 1. The order of business at any regular meeting shall be as follows: a. Meeting called to Order b. Pledge of Allegiance c. Roll Call d. Approval of minutes of previous meetings e. Announcements f. Consent Calendar g. Public Hearings h. Old Business i. New Business --2-- j. Council Referral k. Director's Report 1. Public'Comment m. Commission Comment n. Adjournment F. Quorum 1. A quorum shall be three members present. G. Voting 1. A tie vote shall be deemed denial of a request. ' 2. In the event any Planning Commissioner votes in the ~inority of any item coming before the Planning Commission, it shall be the policy that such Planning Commissioner state the reasons why he voted in the minority so that said reason may be recorded in the minutes. 3. Every official act taken by the Commission shall be by resolution or motion adopted by a majority or amended order by the Commission. 4. A roll call vote shall be taken upon the passage of all resolutions or upon request of any Planning Commission members. H. Time Limit ~ 1. No matter shall be commenced after 11:00 P.M. excepC by majority vote of the Planning Commisioners present. I. Rules of Order for Conduct of Proceedings 1. The chairman of the Planning Commission shall b~ the presiding officer, and he shall assume his place and duties as such immediately following his election. He shall preserve strict order and decorum at all meetings of the Planning Commission, state questions coming before the Planning Commission, announce its decision on all subjects and decide all questions of order; subject, however, to an appeal to the Planning Commission as a whole in which event a majority . vote of the Planning Commission members shall govern and conclusively determine such question of order. The chairman shall vote on all questions. '2. In the absence of the chairman the vice-chairman shall call the Planning Commission to order. In the ~bsence of the' chairman and vice-chairman the secretary of the Planning Commission or his assistant shall call the Planning Commission to order, whereupon a temporary chairman shall be elected by the Planning Commission present. Upon arrival of the chairman or vice-chairman the temporary chairman shall relinquish the chair at the conclusion of the item before the Planning Commission. J. Preparation of Minutes 1. The minutes of the Planning Commission shall be kept by the secretary of the Planning Commission and shall be neatly.type- written in a book kept for that purpose, with a record of each particular type of business transaction set off in paragraphs, with proper subheads; provided, that the secretary of the Planning Commission shall be required to make a record only of such business that was actually passed by a vote of the Plan~ing Commission, and shall not be required to record any remarks ~f commissioners or of any other person, except at special request of a commissioqer; provided, further that a record shall be made of the names and addresses of persons addressing the Planning Commission, the title of the subject matter to which the remarks are related, and whether they spoke in support of or in opposition to such matter. 0 2. As soon as possible after each Planning Commission me~ting, the secretary of the Planning Commission shall cause a copy of the minutes thereof to be forwarded to each commissioner, the City Manager, the City Council, the City Attorney and the department heads. K. Approval of Minutes 1. Unless the reading of the minutes of the Planning Commission meeting is requested by a commissioner and approved by majority vote, such minutes may be approved without reading if the s~cretary ~f the Planning Commission previouply has furnished each commissioner with a copy thereof. Nothing may be added to the minutes,~except, that they may be amended by a majority vote of the Planning Commission members to reflect correctly the business of the Planning Commission at such meeting. L. Rules of Debate 1. Presiding officer may debate and vote. The presiding officer may move, second and debate from the chair, subject bnly to such limitations of debate as are by these rules imposed on all Commissioners, and shall not be deprived of any.of the rights and privileges of a Commissioner by reason of his acting as the presiding off.icer. 2. Getting the floor; improper references to be avoided. Every Commissioner desiring to speak shall address, the chair, and upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. 3. Interruptions. A Commissioner, once recognized, shal't not be interrupted When speaking unless it is to call him to order or as herein otherwise provided. If a Commissioner, while speaking, is called to order, he shall cease spe~king until the question of order is determined, and if in order, he shall be permitted to proceed. 4. Motion to Reconsider. Motion to reconsider any action taken by the Planning Commission may be made on t~he date such action was taken and must be made by a Commissioner voting in favor of the Commission's decision. 5. Disqualification and abstention. No Planning Commissioner shall be permitted to disqualify himself and abstain from voting un- less reason for such disqualification is stated. Disqualifica- tions and abstentions shall ~not be oount~ed by the Secretary of the Planning Commission except as such. 6- Silence constitutes affirmative vote. Unless a commissioner states that he is not voting, his silence shall be recorde~ as an affirmative vote. 7. Rules of Order. Except as otherwise provided in this Resolution, the latest edition of "Robert's Rules of Order, Revised" shall govern the conduct of the meetings of the Planning Commission. However, no resolution, proceeding or other action of ~he Planning Commission shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow such rules. It is the responsibility of the chair to control public debate so that repetitive or irrelevant remarks are not made; so that everyone has had a chance to speak ~efore others speak for a second time, and so as to expedite the business at hand. No person shall speak more than twice during the same meeting to the same question, nor longer than five (5) minutes at one time, without leave of the chairman or commissioner presiding at the meeting. . Whenever any group of persons wishes to address the ~lanning Commission on the same subject matter, it shall be proper for the presiding officer to request that a spokesman b~ chosen by the group to address the Planning Commission, and in case additional matters are to be presented at the time by any other member of said group, to limit the number of persons'so addressing the Planning Commission, so as to avoid unnecessary repetitions before the Planning Commission. M. Decorum 1. By Commission Members. While the Planning Commission is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Planning commission, not dis'turb any member while speaking or refuse to obey the orders cf the Planning Commission or the presiding officer, except as otherwise herein provided. 2. ~.y other persons. Any person, while in attendance at any Planning Commission meeting, shall preserve order and decorum, and any person shmtl neither, by conversation or otherwise, delay or £nterrupt the Planning Commission proceedings or the peace of ~he Planning Commiss%on. No person shall disturb any Planning -5- Commission member while speaking or refuse to obey the orders of the Planning Commission or the presiding officer. N. Motion to adjourn. 1. A motion to adjourn shall always be in order, and s~all be decided without debate. O. Planning Commission Policies. 1. Publicity. The secretary shall release all official 'information or stories to the press at the approval of the City Manager. Copies of all publicity items shall be distributed to the Commission for their review and information, o 2. Attendance. Each Commission member shall attend every regular or special meeting unless unavailable with prior notice being pro- vided to the Chairman of the Commission or the Secretary. The Commission may excuse members if prior notice is given to the Chairman and/or Secretary. In such an instance the absence of a Commission member shall be recorded in the minutes and be classi- fied as being excused if prior notice has been given. A maximum of seven (7) absences (excused and unexcused) acctnmulated during any year beginning July 1 and ending June 30, or a maximum of three (3) unexcused absences during any year beginning Jnly t and ending June 30 shall cause the Planning Commission to declare the Planning Commissioner's sea~ vacant and cause the Plahning Commission to recommend that the City Council remove said Commissioner. M~etings called in the absence of a Planning Commissioner, whether said absence is excused or unexcused, shall not be counted against said Commissioner. 3. Conflict of Interest. Any Planning Commissione~ who has had a direct or indirect financial interest in any matter before the Commission shall publicly disclose for the official record the nature and extent of such interest and such Commissioner shall not participate in any discussion on the matter nor vote thereon. 4. Additional Policies. Additional policies are as filed in the Office of the Community Development Department. -6- p. Amendments. These rules and regulations may be amended by the Co~nnission at any regular meeting by an affirmative vote of the members of the Commission or at any special meeting provided that the proposed amendment is included ~n a w~itten notice of such a meeting. -7- PROCEDURE FOR CONDUCTING A PUBLIC HEARING 1. Chairman reads the request. 2. Chairman asks the Community Development Director for the staf£ ~eport. 3. Chairman asks Planning Commission if there are any questions of the staff regarding the report. 4. Chairman opens the Public Hearing, asks the audience "Is ~he applicant present, if so, please come forward and state your name and address for the record?" 5. Chairman asks the Planning Commission if they have any questions of the applicant, if not the applicant may be seated assuming he has no comments or questions. 6. Chairman asks people in the audience, in favor of the project, to stand, be recognized, come forward, give their name and address for the record, and speak. 7. Chairman asks people in the audience, against the project, -to stand, be recognized, come forward, give their name and address for the record, and speak. ~ 8. Chairman asks the applicant if he wishes a rebuttal. 9. Chairman asks for motion to close the public hearing. 10. Chairman begins or asks a commissioner, to begin the discussion period. IF THERE ARE ANY ADDITIONAL QUESTIONS OF THE APPLICANT OR PEOPLE IN THE AUDIENCE, THE PUBLIC HEARING MUST BE REOPENED BY THE CHAIRMAN. 11. Chairman asks for a motion on the item, then a second. 12. Chairman asks for any discussion on the motion, if none, he requests a roll call vote. 13. Chairman makes announcement of action. -8- PLANNING C0b~fISSION ORDER OF BUSINESS CALL TO ORDER: The Planning Commission meeting will come to orjer. PLEDGE OF ALLEGIANCE: Will all rise for the Pledge of Allegiance. ROLL CALL: Will the Secretary please call the roll. APPROVAL OF MINUTES: Are there any corrections to the minutes for the meeting of The Chair will entertain a motion for approval. It has been moved and seconded that (motion) Those in favor - opposed. Motion is carried (or denied). CHAIRMAN'S OPENING COMMENTs "The Planning Commission Agenda listing our order of business is available.at the entrance if you wish to follow along. When public commen~ is requested on an agenda item,, anyone wishing to speak will please stand and be recognized by the Chairman, and give their name and address. For those of you unfamiliar with our public hearing procedures attached to tonights agenda is our format."~ -9- · '~ AMENDMENTS: GENERAL PLAN AMENDMENT I move that General Plan Amendment be forwarded to City Council with a recommendation of approval. I move that General Plan Amendment be denied and a report be forwarded to City Council reflecting' such denial. ZONING ORDIN~:CE AMENDMENT I move that Zoning Ordinance Amendment be forwarded' to City Council with a recommendation of approval. I move that Zoning Ordinance Amendment be denied and a report be forwarded to City Council reflecting such denial. SUBDIVISIONS: TENTATIVE TRACT I move that Tentative Tract be approved subject to the attached special and standard conditions. CONDITIONAL USE PERMIT I move that the Planning Commission (approve) (deny) (continue) Conditional Use Permit , subject to the attached special conditions. VARIANCE I move that the Planning Commission (approve) (derm7) (contRnue) Variance , subject to the attached special conditions. ZONE CHANGE ~ I move that Zone Change be forwarded to City Council with a recommendation of approval. I move that Zone Change be denied and a report be made to the City Council reflecting such denial. ENVIRONMENTAL: ENVIRONMENTAL IMPACT REPORT I move that the Planning Commission (certify) (reject) (continue) Environmental Impact Report NEGATIVE DECLARATION I move that the Planning Commission (issue) (reject) Negative Declaration for ANNOUNCEMENTS TO BE MADE TO THE A~DIENCE FOLLOWING PLANNING COMMISSION ACTION ZONE CHANGES AND AMENDMENTS: "This item will appear before the City Council in approximately three (3) weeks." CONDITIONAL USE PERMITS AND VARIANCES, The action of the Planning TTM, EIR, ND: Commission is final unless appealed, in writing, to the City Council withih fourteen (14) c.a]endar days.