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HomeMy WebLinkAboutPlanning Commission Resolution 2010-05 05/25/2010RES®LUTI®IV IV®. 2010-05 CITY OF PETALUIIAA PLANNING CON111AISSION ADOPTING AMENDMENTS TO THE PLANNING COMMISSION RULES AND REGULATIONS WHEREAS, City of Petaluma Municipal Code Section 2.08.030 grants the Planning Commission the right and duty to adopt such rules and regulations as it shall determine for the holding and conducting of its meetings and hearings and the selection of its officers and for the performance of any of its functions or responsibilities. WHEREAS, the Planning Commission Rules and Regulations were originally adopted on April 18, 1972 and most recently revised on May 7, 1999; and, WHEREAS, the Planning Commission wishes to update and clarify the duties, responsibilities, and procedures of the City of Petaluma Planning Commission; and, WHEREAS, at their February 9, 2010 meeting the Planning Commission considered the existing Rules and Regulations and directed Staff to make revisions based on Commission discussion and deliberation; and, WHEREAS, at their April 27, 2010 meeting the Planning Commission considered amendments to the Rules and Regulations and by motion recommended approval of the amendments at the subsequent Planning Commission meeting consistent with procedures outlined in subsection 1001 of the Rules and Regulations; and, WHEREAS, at their May 25, 2010 meeting the Planning Commission completed its review of proposed amendments to the Rules and Regulations; and, NOW, THEREFORE, BE IT RESOLVED THAT 'the Petaluma Planning Commission hereby approves amendments to the Planning Commission Rules and Regulations as set forth in Exhibit A hereto and incorporated herein by reference. ADOPTED this 25th day of May 2010, by the following vote: Commissioner Aye No Absent Abstain. Abercrombie X Chair Arras X Barrett X Second Vice Chair Elias X Hurley X Vice Chair Johansen X Pierre X Planning Commission Resolution No. 2010-05 Page 1 s Christopher Arras, Chair ATTEST: Geoff Bradley, Commission Secret APPROVED AS TO FORM: ~~ Leslie Thomsen, Assistant City Attorney Planning Commission Resolution No. 2010-05 Page 2 Exhibit A to Planning Commission Resolution 2010-05 Adopted by Planning Commission: April 18, 1972 Revised June 20, 1972 Revised May 20, 1980 Revised October 28, 1980 Revised May 8, 1984 Revised March 3, 1987 Revised January 14, 1997 Revised May 7, 1999 Revised May 25, 2010 PLANNING COMMISSION CITY OF PETALUMA Petaluma, CA RULES AND REGULATIONS FOR TIIE TRANSACTION OF )BUSINESS Duties and Responsibilities The duties of the Planning Commission shall be those prescribed in Chapter 2 of the Petaluma Municipal Code, as said chapter may be subsequently amended or renumbered. II. Membership 201. The Commission shall be composed of seven (7) members as provided by Ordinance. 202. The Commission members shall serve the city as a whole and shall represent no special groups or interest. 203. Any Commission member abstaining due to a conflict of interest must announce his or her abstention at the time the item is first introduced and indicate the nature of conflict and step down from the podium. Conflict of-interest is determined pursuant to applicable law, including, Government Code Section 87100 et seq. and regulations promulgated pursuant thereto, Government Code Section 1090, et seq., and the City of Petaluma Conflict of Interest Code, as such provisions may be from time to time amended and/or common law. III. Officers 301. The officers of the Commission shall consist of a Chair, Vice-Chair, and a Second Vice-Chair. Said officers shall be appointed annually at the first meeting in July by a majority of the Commission. The Planning Director shall serve the Commission as Secretary. 302. In case of failure to appoint officers .at said first meeting, the appointment shall take place at the next regular meeting. Planning Commission Resolution No. 2010-05 Page 3 303. The officers shall hold their respective offices until the next annual meeting after appointment and until their successors are appointed. The Chair shall not be appointed to a consecutive term. 304. Commission officer vacancies shall be filled by appointment held at any meeting. IV. Duties of Officers 401. The Chair shall preside at all meetings. He or she shall appoint Commission Representatives to all standing committees each year following the election of officers and such special committees as from time to time may be authorized by the Commission and/or City Council. He or she may present to the Commission such matters as in his/her judgment requires attention. The Chair need not be vacated except for the purpose of actively discussing (as a member of the Commission) an item on the agenda or a subject up for review, discussion and recommendation by the Commission. 402. The Chair (and the Commission) shall consult Roberts Rules of Order, latest revision, on all questions of procedure and parliamentary law not covered by these rules and regulations. 403. At the request of any member of the Commission, the Chair shall direct that a verbal and written record be made and entered on any questions before the Commission. 404. The Chair shall exercise firm control and direction during the course of any Commission meeting or hearing. Any and all questions, comments, and recognition of members of the Commission and the general public in attendance at a Commission meeting shall be put to the Chair. 405. The Chair shall exercise general supervision over the business, papers and property of the Commission and shall execute all formal documents on behalf of the Commission, the same to be attested by the Secretary of the Commission. 406. In the absence of the Chair, the Vice-Chair (and in the absence of the Vice-Chair), the Second Vice-Chair, shall perform all duties of the Chair. 407. The Secretary shall keep a true and complete record of the proceedings and business of the Commission, and with approval of the Commission, may delegate certain duties of his/her office to a Recording Secretary. 408. The Secretary shall attest all formal documents executed by the Chair on behalf of the Commission. 409. The Commission shall appoint a temporary Chair from the members present in the event that the Chair, Vice-Chair, and Second Vice-Chair are absent. 410. The Secretary .shall keep a permanent record of the meetings of the Commission and shall cause to be made public such notices as are required and in the manner prescribed by statute, ordinance or these rules, and to attend to all official correspondence of the Commission. He/she shall provide reports on subdivision plats, zoning changes, variances, and other planning and zoning matters. He/she shall submit reports on preliminary applications, future agendas, planning studies, general or specific plan studies, progress reports on the work of the Planning Commission and on any other matters vital to the efficient and expeditious operation of the Planning Commission. Planning Commission Resolution No. 2010-05 Page 4 V. Meetings 501. Regular meetings of the Commission shall be held on the second and fourth Tuesday of every month at 7:00 PM unless otherwise decided by the Commission. New agenda items will not be started after 10:30 PM without a majority vote of those Commissioners present. Matters not completed by 11:00 PM will be continued to the next adjourned or regular meeting, unless a majority of Commissioners present at the meeting votes to continue the matter past 11:00 PM. 502. Special meetings or study sessions shall be called by the Chair, or by the majority vote of the Commission, or at the request of the Planning Director with the consent of three Commission members. 503. No business shall be transacted at any special meeting other than that named for consideration. 504. Notices and agendas of all regular meetings shall be in writing and sent to all members of the Commission by the Secretary. 505. The Commission may adjourn a meeting, absentees being notified thereof, and in case there shall be no quorum present at any meeting, the Commissioners present will adjourn until a quorum is obtained, or will adjourn said meeting without establishing a date certain. 506. A quorum of the Commission shall consist of four (4) members. The affirmative vote of a majority of the members present, and including any Commissioners disqualified as provided in Section 203, is required to approve a motion. 507. The action of the Planning Commission shall be by motion or resolution of the Commission. 508. The Chair shall have the same voting privilege as any other member. 509. An agenda shall be prepared by the Secretary for each meeting of the Commission. A copy of same shall be sent by the Secretary to all members of the Commission at least seven (7) days in advance of each meeting. 510. Any Commission member who was absent from all or part of a public hearing shall be allowed to participate in the decision if he or she has reviewed all materials including listening to/watching the video tapes of missed meetings or hearings prior to the meeting at which action is taken, unless he/she has declared a conflict of interest. 512. Members of the Commission. must vote unless a conflict of interest is stated (definition pursuant to Subsection 203 of these rules), or he/she was absent from all or part of a public hearing and has not reviewed all materials per Section 511 prior to the meeting at which action is taken. If such is the case, the Commission member must announce his or her abstention at the time the item is first introduced and step down from the podium. 513. Members of the Commission shall disclose all communications occurring prior to a decision by the Commission pertaining to an item other than communications and/or information already provided in the public record. "Communications" includes oral communications, site visits, electronic communications, written communications, and/or other means of exchanging information related to the project with the project applicant, property owner, neighbors, community groups, members of the public and/or other persons or entities relating to the project, as well as information and/or documents transmitted thereby. Such communications Planning Commission Resolution No. 2010-05 Page 5 do not in themselves suggest or create a conflict of interest or require a Commission member's recusal. VL Official Records 601.. The official records shall include these rules and regulations, the minutes of the meetings of the Commission, all motions adopted, findings of fact, decisions and other official actions. 602. The official records shall be on file in the Secretary's office and shall be open to public inspection during the customary working hours. 603. The Commission shall keep minutes of its proceedings which shall show the vote of each member on every question on which it is required to act, the members present and absent, the reason why. 604. Original papers, maps and video tape recording shall be retained for not less than five (5) years after date of Commission action. Thereafter, they may be microfilmed, along with other material the Secretary deems essential, for permanent record. 605. A copy of these rules and regulations, and all amendments thereto shall be placed on permanent file in the office of the City Clerk within ten (10) days of adoption. VII. Order of Business 70.1. The Commission shall consider matters before it at .its regular meetings according to the following schedule except that the order of business may be modified at any meeting by the Chairman. 1. Roll Call 2. Approval of Minutes 3. Public Comment 4. Correspondence 5. Director's Report 6. Commissioner's Report 7. Public Hearings 8. Old Business 9. New Business 10. Other 11. Adjournment 702. Generally, the Commission shall hear the matters on which interested persons are present in the order listed on the agenda. 703. The Chairman may, with consent of Commission, alter order indicated on agenda. 704. The Chair shall limit the amount of time an individual may speak at a public hearing to three minutes. Up to two members of the public may elect to cede their time to a third member of the public, such that a member of the public may have up to nine (9) minutes to speak, provided that any member of the public wishing to cede time to another member of the public under this section must be present and state for the record that time is being ceded, at the time the member to whom time is ceded speaks. Planning Commission Resolution No. 2010-05 Page 6 VIII. Policies and Supplemental Procedures 801. All matters of policy affecting the Commission shall be decided at regular meetings or at special meetings called for that purpose. 802. Supplemental policies, rules and procedures may be adopted in the same manner as provided for amendments to these rules and regulations. 803. Committees may be established by the chairman of the Commission and with the consent of the Commission. IX. Announcement of Official Acts 901. On their appointment to the Commission, new members shall be briefed by the Secretary on the general scope of City and regional planning and on the duties of the Commission. 902. The Secretary shall prepare for the Commission all letters of transmittal to the City Council. Other letters to the Council shall be signed by the Chairman of the Commission. 903. Copies of Commission Minutes, reports of Commission actions and all recommendations required to be sent to the City Council shall be sent directly to the City Clerk by the Secretary for distribution to individual Council members. 904. Copies of Commission Minutes, reports of Commission actions and recommendations shall be sent to each person transacting business with the Commission by the Secretary so that he/she will be duly notified of the Commission's actions in each case. X. Amendments 1001. Amendments to these rules and regulations may be made by the Commission at any regular or special meeting called for that purpose upon the affirmative vote of four (4) members, provided such amendment is proposed at a preceding meeting and that all members have been formally notified thereof. XI. Adoption 1101. All other by-laws and regulations pertaining to the transaction of business are hereby repealed and these rules and regulations shall be in effect immediately upon adoption. XII. Ralph M. Brown Act 1201. In the event that there is any conflict between the provisions of the Ralph M. Brown Act (Government Code Section 54950 et seq.) and the Rules and Regulations herein, the Ralph M. Brown Act shall govern." 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