HomeMy WebLinkAboutPCReso 96-33 AmendPCRulesofProc RESOLUTION NO. 96 - 33
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
AMENDING THE ADOPTED DUBLIN PLANNING COMMISSION
RULES OF PROCEDURE
WHEREAS, the Dublin Municipal Code states that the Dublin Planning
Commission shall adopt rules for the transaction of the Commission's business; and
WHEREAS, in September, 1996, the City Council will change its regular
meeting days from the second and fourth Tuesday of each month to the first and
third Tuesday of each month; and
WHEREAS, it is necessary to change the regular Planning Commission
meetings to avoid conflict with City Council meetings from the first and third
Tuesday of each month to the second and fourth Tuesday of each month; and
WHEREAS, on August 6, 1996, the Planning Commission reviewed
amendments to the Dublin Planning Commission Rules of Procedure.
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission does
hereby amend the adopted Rules of Procedure as follows in Attachment A:
PASSED, APPROVED AND ADOPTED this 6th day of August, 1996
AYES:
Commissioners Jennings, Johnson, Zika, Geist and Lockhart
NOES: None
ABSENT: None
Planning Commission/~hairperson
Community Development Director
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II.
REVISED 8/6/96
DUBLIN PLANNING COMMISSION RULES OF PROCEDURE
GENERAL PROVISIONS
These rules of procedure shall be known as the "Dublin Planning
Commission Rules of Procedure." A copy of these rules, and
amendments thereto, shall be filed in the offices of the Planning
Department and the City Clerk for examination by the public.
These rules, and any amendments hereto, shall b~ effective on the
date of the adoption hereof and shall govern the meetings and
conduct of hearings by the Commission.
OFFICERS
Ao
Election and Term of Office
The Chairperson, Vice Chairperson and Secretary are elected by the
majority of the Commission for a one-year term and hold office until
their successors are elected or until their terms as members of the
Commission expire. The officers are elected at the first meeting of
the Commission in December of each year. Elections; whether regular
or to fill vacancies, shall be held only if at least four Commission
members are present.
Vacancies
In case of any vacancy in the office of Chairperson, Vice Chairperson
or Secretary, the vacancy shall be filled by an election held at the first
regular meeting after the occurrence of such vacancy. Persons so
elected shall serve the balance of the term.
Duties of Officers
The Chairperson performs the following duties:
2.
3.
4.
5.
Presides at all meetings of the Commission.
Appoints committees and chairpersons of committees.
Signs correspondence on behalf of the Commission.
Represents the Commission before the City Council.
Performs other duties necessary or customary to the office.
In the event of the absence of the Chairperson or his/her inability to
act, the Vice Chairperson presides in place of the Chairperson. In the
event of the absence of or inability to act of both the Chairperson and
Vice Chairperson, the remaining members shall elect one of their
members to act as temporary Chairperson.
D. Committees
The Chairperson, upon approval of the Commissic,% may appoint
several of its members, but fewer than a quorum, to serve as or on a
committee. On certain occasions, such as when aparticular kind of
expertise or public representation is desirable, the Chairperson may
appoint non-members to the committee. Committees make
recommendations directly to the Commission. A committee may not
represent the Commission before the Council or other bodies unless it
has first received the authorization of the Commission to do so.
III. MEETINGS
Beginning in September, 1996, regular meetings shall be held on the
second and fourth Tuesday of each month at 7:30 p.m. in the Council
Chambers at the Dublin Civic Center, 100 Civic Plaza, Dublin,
California.
If the regular meeting place is unable to accommodate the meetings,
the Commission may recess the meeting to another place. If the
Commission anticipates that the regular meeting place will be
inadequate, the Commission, or Chairperson in the event of an
emergency, may order that the meeting be held ir another place.
Items for public hearing will normally be considered at the beginning
of each meeting.
Special meetings may be called by the Chairperson or a majority of
the members of the Commission.
A majority of the voting members of the Commission shall constitute
a quorum for the Commission.
No new public hearing item will begin after 10:30 p.m., and the
meetings will be adjourned by 11:00 p.m., except under unusual
circumstances where the Commission votes to hear the item or to
extend the meeting for 30-minute increments.
IV. VOTING
No official action shall be transacted by less than the affirmative vote
of a majority of the quorum present, and at least three affirmative
votes shall be required to recommend matters to the City Council for
adoption.
Amotion may refer to items by agenda number. Amotion may not be
withdrawn by the mover without the consent of the member
seconding it. Motions on items or matters not involving a hearing
may be adopted by voice vote unless any member requests a roll call
vote.
Tie votes result in defeat of a motion, and unless a subsequent motion
is passed regarding an item, results in its denial. Abstentions shall not
be counted as either for or against a motion under any circumstances.
V. AGENDA
The agenda of each regular or special meeting shall, at a minimum, include:
a. The date, time, and location of the meeting.
A brief general description of each item of business to be transacted
or discussed at the meeting.
A specified period of time for members of the public to address the
Commission on items of interest to the public that are within the
jurisdiction of the Commission, including a provision that no person
may speak longer than five (5) minutes, and including language that
the Commission can only briefly respond with questions, refer to
Staff, or place the item on a future agenda.
The agenda of each meeting will normally include the following items:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Call to Order
Roll Call
Pledge of Allegiance
Additions or Revisions to the Agenda
Minutes
Oral Communications
Written Communications
Public Hearings
New or unfinished Business
Other Business (Commission/Staff Informational Only Reports)
Adjournment
At least 72 hours before each regular meeting, and at least 24 hours before
each special meeting, the Secretary shall post a copy of the agenda at the
kiosk in front of the Dublin Civic Center, 100 Civic Plaza, Dublin, California.
The Secretary shall execute a Declaration of Posting which shall be filed in
the Dublin Planning Department.
VI. HEARING PROCEDURES
A. The Chairperson shall announce the public hearing item. Commission
members shall state any known conflicts of interest and shall not
participate in the hearing.
The Chairperson shall determine if the Applicant or representative is in
attendance at the public hearing. If the Applicant or representative
fails to attend the public hearing, the Planning Co, nmission may take
action to deny, continue, or approve the item. The item may be
continued if the Planning Commission receives written notification of
the Applicant's inability to attend the meeting.
The order of presentation shall be as follows:
2.
3.
4.
5.
6.
7.
Summary Presentation by Planning Staff
Questions by Planning Commission
Comments by Applicant
Comments by Other Proponents
Comments by Opponents
Rebuttal by Applicant if necessary
Additional Comments by Staff as appropriate
The Chairperson or Commission shall close the public hearing and the
item is turned over to the Commission for discussion and action. The
audience is not permitted to make any further comments unless
invited by the Commission.
The Planning Staff shall retain copies of all documents or exhibits
presented.
All those wishing to give testimony shall identify themselves by name
and address. The Chairperson may require the use of speaker slips.
The Chairperson may limit the time for the presentation of testimony
by each person and shall announce said limitation prior to any
presentations. Persons may speak more than once only after
obtaining permission from the Chairperson. Notwithstanding the
above, the Chairperson may terminate the speaking period of any
person when the time taken by the person becomes excessive or
when the testimony becomes repetitious or irrelevant.
A member of the Commission, Staff or public may ask the speaker
questions only with the consent of the Chairperson. All responses
and answers shall be made to the Commission through the
Chairperson.
A member of the Commission may not consider a fact not presented
as part of the record unless he discloses said fact prior to the closing
of the public hearing.
VII.
Jo
No evidence shall be taken after the closing of the public hearing. The
public hearing may be reopened for the taking of further evidence at
the discretion of the Chairperson.
Ko
Applause and other demonstrations are prohibited during public
hearings. Such demonstrations tend to intimidate those in the
audience who may have valid but opposing viewpoints.
DELIBERATIONS AND DECISIONS
Ao
The Commission shall not deliberate nor make a decision on the
application until the close of the public hearing.
Deliberations and decisions shall be based on the staff report,
documents and exhibits, evidence presented at hearings and stated
open and notorious facts.
ITEMS NOT ON THE AGENDA
A°
No action shall be taken on any item not appearing on the posted
agenda for a regular or special meeting, unless:
the Planning Commission determines by majority vote that an
emergency situation exists, as defined in Government Code
Section 54956.5;
the Planning Commission determines by a two-thirds vote, or
by a unanimous vote if only three members are present, that
the need to take action arose after the agenda was posted; or
the item was included in a posted agenda for a prior meeting
held within five (5) calendar days and was continued to the
meeting at which the action is taken.
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When an item not on the agenda is raised by a m~mber of the public,
the Commission may briefly respond, may ask questions for
clarification, may refer the item to Staff, or may request Staff to
report back at a subsequent meeting, unless the Planning Commission
determines to take action under Section VIII (A-2).