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PC Resolution 1982-002L RESOLUTION NO. 82-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING RULES OF PROCEDURE FOR PLANNING COMMISSION MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. BE IT RESOLVED by the Planning Commission of the City of a Quinta, California, that Rules of Procedure for Planning ommission meetings and related functions and activities are .ereby adopted, as attached. APPROVED and ADOPTED this 12thday of October , 1982• CHAIRMAN-, iTTEST: �� I7'Y K CITY OF LA QUINTA CI PLANNING COMMISSION RULES AND PROCEDURES General 1. Functions. The functions of the Planning Commission are as follows: (a) It shall develop and maintain a general plan. (b) It shall develop such specific plans as may be necessary and desirable. (c) It shall periodically review the capital improvement program of the City. (d) It shall perform such other functions as the City Council may provide. 2. Membership; term of office; vacancies. The Planning Commission is composed of five members, who are appointed by the City Council. The regular term of office is three years, and a term generally begins on the first day of July. Each member may serve a maximum of two consecutive terms, subject to the provisions of Section 2.06.010 of the Municipal Code. Vacancies are filled by appointment of the City Council for the unexpired portion of the term. A member may be removed by a majority of the City Council. 3. Bylaws. The Planning Commission establishes its own rules and procedures not inconsistent with the intent of ordinances or laws of the City or State. 4. Meetings. The Planning Commission shall hold at least one regular meeting each month. . officers and Terms of Office 1. The officers of the Planning Commission shall be a Chair- man and Vice Chairman, both who shall be elected at the first meeting held after June 30, each year. 2. The Chairman and Vice Chairman shall hold office for one (1) year and thereafter until their successors are elected. No Chairman shall serve for more than two consecutive terms. In the case of a vacancy in office, the vacancy shall be filled by an election held at the first regular meeting after the occurance of the vacancy. C. 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 duties necessary, customary or inci- dental to his office. 2. Vice Chairman: The Vice Chairman shall act in the absence of the Chairman. The Vice Chairman shall have the power to function in the same capacity as the Chairman in case of the Chairman's inability to act. In the event of the absence of both the Chairman or Vice Chairman, the remain- ing members of the Commission shall appoint one (1) of their number to act as temporary Chairman. 3. Secretary: The Secretary shall be the Planning Director or his authorized deputy who shall provide professional and technical advice to the Planning Commission, shall sign approved final subdivision maps, shall assist said Commission in the discharge of its responsibilities and shall maintain minutes of meetings and records of hearings and official actions. D. Meetings 1. Regular meetings of the Commission shall be open to the public and shall be held on the second Tuesday of each month at 7:00 p.m., at the City Hall. If the regular meeting falls on a legal holiday, the meeting shall be on the next regular working day. The meeting may be adjourned by the presiding officer or by the Secretary within twenty minutes from the scheduled time for opening the meeting if a quorum is not present. 2. Special Meetings and study session of the Commission shall be open to the public and shall be held at such times the Chairman or two-thirds of the Commission request the same. 3. Notice: The following shall constitute adequate notice to the members of the Commission: del;✓eudL (a) Agendas �f W,,A4Lregular meetings shall be fftaizcc� to membersA our Says prior to such meeting. (b) The vote to hold a"regular adjourned meeting shall constitute adequate notice to members in attendance. The Secretary shall notify all absentee members by any reasonable means. (c) Notice for special meetings shall be made at least twenty-four hours in advance by any reasonable means. K n L� r� u (d) The local news media, which requests notices of meetings, shall be informed of such by the Secre- tary. (e) The Secretary shall have the responsibility for informing the City Council and others of Commis- sion meetings. 4. Voting: Every official act taken by the Commission shall be by Resolution or Motion adopted by majority vote. (a) Voting Procedure: On the passage of every motion, the vote shall be taken by voice or roll call and entered in full upon the record. The order of voting shall be alphabetical, with the Chairman voting last. (b) Roll Call Voting: A roll call vote shall be used for all public hearing matters. Any other ques- tion before the Commission shall not require a roll call vote unless requested by any member. Any member may change his vote before the next order of business. (c) Reconsideration: Any member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for recon- sideration has once been acted on, no other motion for a reconsideration thereof shall be made with- out unanimous consent of the Commission. (d) Resolutions: All matters that have been decided at the conclusion of a public hearing and are to be directed as a recommendation to the City Council, or when action is taken to commend someone, or something, in a permanent manner, a resolution is necessary. Reasons for granting or denying in a request must be declared for the record, as must conditions and terms of approval. A simple majority vote is required. 5. Order of Business at any regular meeting shall be as follows: (a) Call to Order. (b) Roll Call. (c) Hearings. (d) Consent Calendar. (e) Business Session. (f) Adjournment. 3 I.; 0 6. Public Hearings: In the conduct of any public hearing, the procedure shall be as follows: (a) Chairman or Secretary announces case under consideration. (b) Planning staff describes area under considera- tion and presents staff report and recommendation. (c) Questions by Commission concerning staff report. (d) Chairman opens hearing. (e) Applicant is given first opportunity to speak. (f) Persons in favor speak. (g) Persons in opposition speak. (h) Applicant is allowed rebuttal. (i) Questions by Commission. (j) The public hearings is closed. After the hearing is closed by the Chairman, no further testimony shall be received unless the hearing is reopened by consent of a majority of the Commission. (k) Commission acts. 7. Parliamentary Procedure: The rules of parliamentary practice as set forth in Robert's Rules of Order, Revised, shall be used as a guide for all meetings of the Commission, except as otherwise herein provided. 8. Motions. (a) Procession of Motions: When a motion is made and seconded, it shall be stated by the Chairman or Secretary before debate. A motion shall not be withdrawn by the mover without the consent of the member seconding it and the approval of the Commission. (b) Motions out of order: The Chairman may at any time, by a majority consent of the Commission, permit a member to introduce a resolution, or motion, out of the regular Agenda order. (c) Division of Question: If the question contains two or more divisionable provisions, the Chairman may, El nl and upon request of a member shall (unless ap- pealed), divide the same. (d) Precedence of Motions: When a motion is before the the Commission, no motion shall be entertained ex- cept the following which shall have precedence in following order: 1. Adjourn. 2. Fix hour of Adjournment. 3. Table. 4. Previous Question. S. Amend. 6. Postpone. (e) Motion to Adjourn: (not debatable) A motion to Adjourn shall be in order at any time except as follows: 1. When repeated without intervening business or discussion. 2. When made as an interruption of a member while speaking. 3. When the previous questions have been ordered, 4. While a vote is being taken. A motion to adjourn "to another time' shall be debatable only as to the time to which the meeting is adjourned. (f) Motion to Fix Hour of Adjournment: Such a motion shall be to set a definite time at which to adjour. and shall be undebatable and unamendable except as to time set. (g) Motion to Table: A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consider tion. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. (h) Motion for Previous Question: Such a motion shall used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall b taken on the main motion. 3 (i) Motion to Amend: A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but an amendment to amend an amendment shall not be in order. An amendment modi- fying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. (j) Motion to Continue: Motions to continue to a defi- nite time shall be amendable and debatable as to propriety of postponement and time set. If desired, the maker of the motion to continue may also move to reopen the hearing to receive further testimony. 9. Rules, Decorum and Order. (a) Points of Order: The Chairman shall determine all Points of Order subject to the right of any member to appeal to the Commission. (b) Decorum and Order - Commission Members: 1. Every Commissioner desiring to speak shall aJJ rcS: the Chair and, upon recognition by the Chairman, shall confine himself to the question under debate. 2. A Commissioner once recognized, shall not be interrupted while speaking unless called to order by the Chairman, unless a Point of Order is raised by another Commission member or unless a speaker chooses to yield to questions from another Commission member. 3. If a Commissioner is called to order while he is speaking, he shall cease speaking immediately until the question of order is determined. If ruled to be not in order, he shall alter his remarks so as to comply with rules of the Commission. 4. Commissioners shall accord the utmost courtesy to each other, to City employees and to the public appearing before the Commission. 5. Any Commissioner may move to require the Chair- Ll man to enforce the rules and the affirmative vote of a majority of the Commission shall re- quire him to so act. 6. Members of the Commission shall not leave their seats during the meeting without the consent of the Chairman. (c) Decorum and Order - Employees: Members of the Administrative Staff and employees of the City shall observe the same rules procedure and decorum applicable to members of the Commission. Any staff member desiring to address the Commission or member of the public shall first be recognized by the Chai (d) Decorum and Order - Public: Public members attend- ing Commission meetings shall observe the same rule of order and decorum applicable to the Commission. Any person making impertinent and slanderous remark or who becomes boisterous while addressing the Com- mission or while attending the Commission meeting, may be removed from the room if so directed by the Chairman. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demc strations shall be cause for the Chairman to direct removal of such offenders from the room. (e) Manner in addressing the Commission: 1. The person desiring to speak shall proceed to the podium and/or microphones and wait to be recognized by the Chairman. 2. After recognition, the person shall state his name and address for the record. 3. All remarks and questions shall be addressed to the Chairman and shall be limited to the issue under consideration. 4. The comments may be subject to the following limitations: a. At any time during the oral communication, the Chairman may direct that the communica tion be made to the Director of Planning or other appropriate staff member during regular business hours or in writing for subsequent submittal to Commission members b. Speakers shall be prohibited from address- ing the Commission on a topic currently be or about to be submitted to a City Commis=_ Committee, Board or other agency before wl- the speaker should make the presentation. 7 0 C. The Chairman may limit the number of speakers heard on non -agenda topics. Those whose presentations were post- poned shall be given priority at the next meeting. d. When several speakers desire to speak on a single topic, the Chairman may request that repetitious statements be avoided and that only new material be presented. (f) Enforcement of Decorum: The Chief Law Enforcement Offi shall be ex-officio sergeant -at -arms of the Commission. shall carry out all orders and instructions given him bl the Chairman for the purpose of maintaining order and decorum in the City Hall. E. Committees 1. The Chairman may establish standing or special committees when necessary for the conduct of Commission business, and may appoint the Committee Chairman. 2. Committees shall continue to serve until abolished or re- placed by the Chairman. F. Policies 1. Publicity: The secretary shall release all official infor- mation or "stories" to the press unless otherwise instructec by the Chairman. No Commission member shall speak for the Commission as a whole without specific permission of the Chairman. 2. Attendance: Attendance at all meetings is an obligation of each member. Should a member be absent from five meetings during a twelve-month period, the Planning Commission may ask the City Council to replace the,member. 3. Conflict of Interest: Any Planning Commissioner who has direct or indirect financial or other personal interest in any matter before the Commission shall publicly dis- close, on the official record, the nature and extent of such interest, and such Commissioner shall not participate in the proceedings and shall not vote on any such matter. 4. Taping of Planning Commission Minutes: The taping of Planning Commission meetings shall be done at the discre- tion of the Secretary of the Planning Commission for the purpose of assisting in the preparation of detailed minutes of the meetings and for no other purpose. Upon approval of the minutes of the latter meeting of the Planning Com- mission, the tapes will be held and maintained for a period of time not to exceed three years. U G. Amendments These Rules and Regulations may be amended by the Commission at any regular meeting by a two-thirds majority, or at any special meeting, provided that the proposed amendment is inclu- ded in a written notice of such meeting. 6 E X H I B I T" A " SECTION I - State Law Requirements for Duties of a Planning Agency/Commission A. It shall develop and maintain a general plan. B. It shall develop such specific plans as may be necessary or desirable. C. It shall periodically review the Capital Improve- ment Program of the City. D. It shall perform such other functionings as a Legislative Body, (City Council) may provide. SECTION II - The responsibilities of maintaining a General Plan are as follows: A. Authority and scope of General Plans. 1. Each planning agency/commission shall prepare and adopt a comprehensive long-term General Plan for the City. 2. The General Plan shall include territory out- side the City Limits, which in the City's judgement, bears relation to it's planning. 3. The required General Plan elements which must be adopted and maintained by the Commission are as follows: a. Land Use b. Circulation C. Housing d. Conservation and open space e. Seismic safety f. Noise g. Scenic Highway h. Safety SECTION III - Current Responsibilities of the Commission With respect to duties assigned by the City Council as of this date the following are, to our knowledge, the current responsi- bilities of the Commission. A. Zoning Regulations 1. Advisory to the City Council with respect to Zone changes, Amendments to the text of the Zoning regulations and General Plan Amendments. 2. Design review authority with respect to new de- velopmental projects within the City. EXHIBIT "A" Page Two 3. Variance review authority. 4. Conditional use permit review and authority. 5. Appeals from Administrative decisions. 6. Advisory to the City Council with respect to matters of the Zoning text. 7. Design review authority when signs are a part of an overall project review. B. Subdivision Regulations 1. Advisory Agency to the City Council in subdivi- sion matters, i.e. tentative map and parcel map review. 2. Advisory to the City Council in matters of specific plans for street right-of-way.