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HomeMy WebLinkAboutPCReso 95-35 PC Rules of Procedure RESOLUTION NO. 95 - 035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN AMENDING AND ADOPTING THE 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, effective June, 1995, the City Council changed its regular meeting days from the second and fourth Mondays to the second and fourth Tuesdays of each month; and WHEREAS, changing the Planning Commission regular meeting days from the first and third Mondays to the first and third Tuesdays of each month will provide Planning Commission members more adequate time to effectively handle items at its regular meetings; and WHEREAS, on September 5, 1995, the Planning Commission reviewed amendments to the Dublin Planning Commission Rules of Procedure. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission does hereby adopt the following Rules of Procedure: REVISED 9/5/95 DUBLIN PLANNING COMMISSION RULES OF PROCEDURE I. GENERAL PROVISIONS Ao 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 be effective on the date of the adoption hereof and shall govern the meetings and conduct of hearings by the Commission. II. OFFICERS A. 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. mo C. 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 Ns/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 Commission, may appoint several of its members, but fewer than a quorum, to serve as or on a committee. On certain occasions, such as when a particular 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. MEETINGS ho Beginning in October, 1995, regular meetings shall be held on the first and third Tuesdays of each month at 7:30 p.m. in the Council Chambers at the Dublin Civic Center, 100 Civic PlaTa, Dublin, California. ffthe 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 in another place. C. Items for public hearing will normally be considered at the beginning of each meeting. D. Special meetings may be called by the Chairperson or a majority of the members of the Commission. E. 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. 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. A motion may refer to items by agenda number. A motion may not be withdrawn by thc 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. Co 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. AGENDA The agenda of each regular or special meeting shall, at a minimum, include: a. The date, time, and location of the meeting. b. A brief general description of each item of business to be transacted or discussed at the meeting. Co A specified period of time for members of thc public to address thc Commission on items of interest to thc 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 0nly 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. HEARINGPROCEDURES A° The Chairperson shall announce the public hearing item. Commission members shall state any known conflicts of interest and shall not participate in the heating. The Chairperson snail 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 Commission 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. Do mo Ho 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. AH 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. 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. 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 A. The Commission shall not deliberate nor make a decision on the application until the close of the public hearing. 4 Deliberations and aecisions shall be based on the staff report, documents and exhibits, evidence presented at hearings and stated open and notorious facts. VIII. ITEMS NOT ON THE AGENDA Ao 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 at~r 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. When an item not on the agenda is raised by a member 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 vm (A-2). PASSED, APPROVED AND ADOPTED this 5th day of September, 1995 AYES: Commissioners Zika, Geist, Jennings, Johnson and Lockhart NOES: None ABSENT: None ATTEST: Planning Directo~ Plannl6g Commiss~ Chairperson (g:Xagenda\pcrules)