PC RES 2010-017 P.C. RESOLUTION NO. 2010-17
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES ADOPTING
RULES AND PROCEDURES FOR THE CONDUCT OF
HEARINGS ON LAND USE MATTERS AND OTHER
BUSINESS
WHEREAS, California Government Code Section 65804 requires the City to
develop and publish procedural rules for the conduct of zoning and planning hearings, so that
all interested parties will have advance knowledge of the procedures to be followed; and,
WHEREAS, the Planning Commission serves as an advisory agency to the City
Council with respect to the processing of parcel and tentative maps under the Subdivision Map
Act; and,
WHEREAS, pursuant to the requirements of the California Government Code and
the Rancho Palos Verdes Municipal Code, the Planning Commission desires to specify
procedural rules to govern the conduct of hearings on the land use matters, including but not
limited to, zone changes and zoning text amendments, variances, conditional use and other
permit applications, subdivision requests and appeals of administrative decisions; and,
WHEREAS, the Planning Commission finds a need to clarify its rules and
procedures that deal with voting procedures on Consent Calendar Agenda Items (section 4.3);
BE IT RESOLVED that the following procedural rules shall, insofar as consistent
with applicable State laws and City ordinances, govern the conduct of all business, including
but not limited to land use hearings, before the Planning Commission of the City of Rancho
Palos Verdes:
1. MEETINGS, STUDY SESSIONS, AGENDAS, AND STAFF REPORTS
1.1 Appointment:
Pursuant to Municipal Code Section 2.20.020, the Planning Commission consists of
seven regular members appointed by the City Council. The Chairperson is appointed by
the Council and the Vice Chairperson shall be elected by a majority of the members of
the Planning Commission.
1.2 Quorum:
A quorum to conduct business shall consist of a minimum total of four members of the
Commission.
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Commission members who live or own property within 500 feet of a property that is
under review by the Planning Commission are not eligible to participate in deliberations
or vote on that item, as specified by the regulations promulgated by the Fair Political
Practices Commission.
Commission members who live more than 500 feet but in close proximity to a property
that is under review by the Planning Commission shall determine, after consultation with
the City Attorney, if the project would affect them and, if so, shall notify the Staff to
disqualify them from deliberations on that item.
1.3 Regular Meetings:
Regular meetings of the Planning Commission shall be held on the second and fourth
Tuesdays of each month. If the regular meeting date falls on a City holiday, then the
meeting will generally be rescheduled to the next business day. All regular meetings of
the Planning Commission will be called to order at 7:00 p.m., unless advertised
otherwise, canceled, or rescheduled.
The Commission will, except under exceptional circumstances and with the consent of
the majority of the Commission, adjourn its meetings on or before 12:00 a.m. and not
consider new business items after 11:00 p.m., with any unfinished business being
continued to the next regular, adjourned, or special meeting. The City Clerk, or his or
her deputy, will post notice of any continued hearing or other unfinished business, as
required by law.
1.4 Special Meetings:
A special meeting may be called at any time by the Chairperson of the Planning
Commission, or by a majority of its membership on its own motion, or at the direction of
the City Council. Written notice shall be sent by mail at least twenty-four (24) hours
before the time of a special meeting to each member and to each local newspaper of
general circulation,to each radio or television station,or cable television operator,which
has previously submitted a written request for notice and any other person entitled to
notice under the Ralph M. Brown Act. The notice shall specify the time and place of the
special meeting and the business to be transacted. No other business shall be
considered at the meeting. Written notice may be dispensed to any member who at, or
before, the time of the meeting files,an oral or written waiver of notice with the Director
of Planning, Building, and Code Enforcement. The waiver may also be given by
telegram or electronic means, such as by fax or e-mail, so that the waiver can be printed
and kept in the City's files. Written notice will also be dispensed with as to any member
who is actually present at the meeting at the time it convenes.
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1.5 Adiourned Meetings:
The Planning Commission may adjourn any regular, adjourned regular, special, or
adjourned special meeting to a time and place specified in the order of adjournment
pursuant to the procedures set forth in the Ralph M. Brown Act, Government Code
Section 54950, et seg.
1.6 Study Sessions:
The Planning Commission may hold a study session (workshop) as part of a
regular, adjourned, or special meeting. When a matter is set for a study session,
public testimony on each item will generally be limited to five (5) minutes or more
per person, at the discretion of the Chairperson. Public notice for study sessions
on specific matters for which public hearings are anticipated in the future will be
given in the same manner as that required for public hearings, and a record of
the study session shall be entered into the minutes of any such future public
hearings.
1.7 Open and Closed Sessions:
Except as otherwise provided in the Ralph M. Brown Act, all meetings of the
Planning Commission shall be open and public, and all persons shall be
permitted to attend. The Planning Commission may, upon the advice of and with
the presence of the City Attorney or his or her assistant, hold a closed session
during a regular or special meeting, or at any time otherwise authorized by law,to
consider or hear any matter which it is authorized by State law to hear or
consider in closed session.
1.8 Agendas:
At least seventy-two (72) hours before a regular meeting, copies of the Planning
Commission's agenda shall be posted and made available at the office of the
Director of Planning, Building, and Code Enforcement. In accordance with the
Ralph M. Brown Act, the Commission may not take action on any item that did
not appear on the posted agenda, unless an exception is made as permitted
under Government Code Section 54954.2. The Chairperson may rearrange the
order of presentation of items appearing on the agenda as he or she may deem
necessary or desirable for the conduct of the meeting. No person shall be
entitled to rely upon the order in which public hearing items appear on the posted
agenda, and any public hearing on any agenda may commence immediately
upon the time the meeting is called to order.
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1.9 Staff Reports:
When staff reports exist,they shall be made public whenever they are distributed
to the Planning Commission, except in the case of attorney/client privilege
memorandum. Staff reports shall be prepared with recommendations and shall
include the basis for these recommendations, and included in the hearing record
on any application for a change of zone for a parcel of ten acres or more.
Reports or recommendations on tentative subdivision maps shall be in writing
and shall be served on the subdivider at least three (3) days before any hearing
or action on the map by the Planning Commission.
If in reviewing a Staff Report, a Commission member sees omissions, has
questions, or is looking for specific information, it is advisable that the
Commissioner contact the Director or Staff Planner directly prior to the hearing.
1.10 Direction to Staff
Any explicit direction to Staff should come through the Chairperson or as a result
of a consensus of the Planning Commission or by formal motion.
2. PRESENTATION OF AGENDA ITEMS
2.1 Minutes and Recording:
Hearings shall generally be recorded by electronic device and the tape recording
shall be preserved a minimum of 30 days following the hearing or longer, as is
necessary, to allow the Recording Secretary, or his or her deputy, to prepare
minutes of the hearing and to have them approved by the Commission. During
that 30-day period, the tape recording shall be available for inspection by the
public.
When a matter is contested and a request to copy and preserve the recorded
proceedings is made in writing to the Director of Planning, Building, and Code
Enforcement, the minutes shall be duly preserved. A copy of any such recording
may be purchased at its reproduction cost. Members of the public may also
record audio or video tapes of meetings without permission from the
Chairperson. In no way shall any such recording be deemed the"official minutes"
of the meeting.
2.2 Order of Presentation:
Unless the Chairperson in his or her discretion should direct otherwise,the order
of the presentation should be as follows:
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(a) Presentation of staff report, including any environmental analysis or
recommendation.
(b) Questions of staff by members of Planning Commission.
(c) Public hearing opened.
(d) Presentation of the applicant(s) or appellant(s).
(e) Presentation of persons in favor of the requested action.
(f) Presentation of persons in opposition to the requested action.
(g) Rebuttal comments by the applicant(s) or appellant(s), if requested.
(h) Closing comments by staff.
(i) Public hearing closed.
Public hearings may be reopened by a motion of a Commissioner and approval
by the Commission majority at any time during the meeting to permit additional
testimony and evidence, either to permit reconsideration of an action or for any
other reason. Any questions of the applicant or appellant, or of the interested
public, shall be made during the public hearing.
2.3 Rules of Evidence:
Hearings and meetings before the Planning Commission need not be conducted
according to formal rules of evidence. Any relevant evidence may be considered
if it is the sort of evidence upon which responsible persons are accustomed to
rely in the conduct of serious affairs. The Chairperson may exclude irrelevant or
redundant testimony and may make such other rulings as may be necessary for
the orderly conduct of the proceedings while ensuring basic fairness and full
consideration of the issues involved. Any Commissioner may raise a point of
order with the Chairperson to exclude irrelevant or out-of-order testimony from
the public. Evidentiary objections shall be deemed waived unless made in a
timely fashion before the Planning Commission.
2.4 Burden of Proof:
The burden of proof of all legal prerequisites to the granting of the relief or action
sought shall be upon the party requesting such relief or action.
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2.5 Written and Pictorial Evidence
Although late correspondence is highly discouraged, any citizen may submit
written and pictorial evidence to the Planning Commission through the Director of
Planning, Building and Code Enforcement and request that the Commission
receive copies of the submitted materials prior to the meeting. Written or pictorial
correspondence sent by email to the Planning Commission's email address
(pcCD-rpv.com) is encouraged.
For non-view restoration/preservation items,written or pictorial evidence must be
submitted by 12:00 p.m. on the Monday prior to the Planning Commission
meeting. Since such written or pictorial evidence is distributed to the Planning
Commission at the meeting, lengthy correspondence may not be effective, as the
Commission may not have enough time to absorb its content. Any written or
pictorial evidence submitted after the Monday noon deadline, will not be
distributed to, nor accepted by, the Commission at the meeting. However, it will
be distributed as part of the agenda packet for any forthcoming meeting,
provided that the item is continued. This shall not prevent any citizen from
reading written comments that are submitted late into the record as part of their
oral comments, in accordance with the time limits and procedures set forth in
Section 2.6.
For view restoration/preservation items, written or pictorial evidence must be
submitted by 12:00 p.m. on the Tuesday one week prior to the Planning
Commission meeting. Such written or pictorial evidence is distributed to the
Planning Commission with the agenda packet for the meeting. Any written or
pictorial evidence submitted after the Tuesday noon deadline, will not be
distributed to, nor accepted by, the Commission at the meeting. However, it will
be distributed as part of the agenda packet for any forthcoming meeting,
provided that the item is continued. This shall not prevent any citizen from
reading written comments that are submitted late into the record as part of their
oral comments, in accordance with the time limits and procedures set forth in
Section 2.6.
2.6 Oral Evidence, Time Limits, and Number of Speakers:
A request to speak on an item must be submitted to the Planning Commission
Secretary prior to the completion of the remarks of the first speaker on the item.
No request forms will be accepted after that time and no additional speakers will
be allowed to speak on the item being discussed.
The Chairperson's instructions to the audience will generally follow these
guidelines:
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1. Any person desiring to speak must first be recognized by the Chairperson.
2. All participants must speak from the podium.
3. All speakers must first state their full names and the names of any
persons in whose behalf they are appearing (if any), and are requested to
give their addresses.
4. All comments must be made clearly and audibly.
5. All comments shall be directed to the Planning Commission as a body,
and not to any particular member.
6. No person, other than members of the Planning Commission, Staff and
the person having the floor shall be permitted to enter into the discussion.
7. No questions shall be asked of Commission members,except through the
Chairperson.
8. Repetition of comments should be avoided and speakers will be
discouraged from reading a submission which has been copied and
distributed to the Commission or is contained in the agenda packet.
9. Normally, the applicants and appellants will be limited to a five (5) minute
presentation and a three (3) minute rebuttal (if requested). All other
persons in favor or opposed to the requested action will be generally
limited to a three (3) minute presentation each.
10. Except when necessary for immediate clarification of a particular point, no
person shall be allowed to speak a second time until all others wishing to
speak have had an opportunity to do so, and then only at the discretion of
the Chairperson.
11. Due to unusual complexity of a particular item, the Chairperson, at his or
her discretion, may allocate more than five (5) minutes to an applicant or
appellant and more than three (3) minutes to all other speakers. Due to a
large number of speakers on a particular item, the Chairperson, at his or
her discretion, may allocate a specific amount of time to each side, and
allow those wishing to speak on each side to designate a spokesperson or
to divide the allotted time among themselves.
2.7 Questioning of Speakers:
Any person, other than a Commission member, desiring to direct a question to a
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speaker or staff member shall submit the question to the Chairperson,who shall
determine whether the question is relevant to the subject of the hearing and
whether or not it should be answered by the speaker or staff member. Direct
questioning of speakers or staff members may be allowed only in extraordinary
circumstances, at the discretion of the Chairperson.
2.8 Evidence Received Outside a Hearing:
The Commission does not encourage the receipt of information or evidence on a
particular pending matter outside of hearings. If any Commission member
receives information during a site visit or through any other means, which he or
she feels is pertinent to a pending matter, he or she shall disclose the information
or evidence so received during the hearing on the matter. The applicant or
appellant shall have the opportunity to supplement or rebut the information or
evidence so disclosed, and failure to do so shall be deemed a waiver of any
objection regarding the information or evidence.
2.9 City Attorney:
The Chairperson (or any member of the Commission via the Chairperson) may
request the Director of Planning, Building, and Code Enforcement to request the
City Attorney(or his or her assistant)to explain, either in writing or orally to Staff,
as appropriate, a legal opinion on a particular matter. The City Attorney or his or
her assistant may further advise the Chairperson on matters of evidence and
procedure which may arise, including, but not limited to, the desirability of closed
sessions to discuss pending or potential litigation.
Commission members are able to contact the City Attorney directly with regard to
any concerns about potential conflicts of interest.
3. MOTIONS
3.1 Motions - Second:
Action upon an order, resolution, ordinance, or any other action of.the
Commission may be proposed by any member by a motion. The Chairperson
may make a motion only after all other members of the Planning Commission
present have had an opportunity to make a motion on the question. Before a
motion can be considered or debated it must be seconded, at which time it shall
be on the floor and must be considered. If not seconded, the motion is lost for
lack of a second and shall be so declared by the Chairperson.
3.2 Amendment of a Motion:
A motion on the floor may be amended at any time before adoption or rejection.
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When an amendment is offered, the Planning Commission will debate and take
action on the amendment before acting on the original motion. If the amendment
is not adopted, the original motion will then be considered. If the amendment is
adopted, the original motion as amended will then be considered.
3.3 Withdrawal of Motion or Second:
A motion may be withdrawn by the maker at any time before adoption or
rejection, with consent of the second. A second to a motion may be withdrawn
by the seconding member at any time before adoption or rejection of the motion.
The motion will then be lost for lack of a second and so declared by the
Chairperson unless seconded by another person.
3.4 Tabling a Motion:
At any time after a motion has been seconded, any member may move to table a
motion. If the tabling motion is adopted, the original motion will remain on the
floor but may not again be considered at the meeting at which it was made. The
original motion will be considered and voted upon at a regular meeting of the
Planning Commission, specified in the motion, unless again tabled at that time. If
not considered at such meeting, it will be deemed lost. If the tabling motion is not
adopted, consideration of the original motion will continue.
3.5 Discussion Closure and Question:
After a motion has been seconded, any member may discuss or comment on the
subject of the motion. The Chairperson will recognize members of the Planning
Commission with the desire to speak, beginning with the motion's maker, and will
protect each speaker from disturbance or interference. When no member wishes
to discuss or comment further, the Chairperson will call for a vote on the motion.
Any member of the Planning Commission may at any time move to close the
debate.
3.6 Motions for Reconsideration:
Motions for reconsideration of a matter may be made by any member who voted
with the prevailing majority on the matter to be reconsidered. Any member of the
Planning Commission may second a motion to reconsider. Motions to reconsider
shall be made at the same meeting as the original motion or an adjourned
meeting on the succeeding day. If the matterto be reconsidered was considered
at a public hearing, the public hearing will be reopened before additional
evidence is received.
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4. DECISION-MAKING
4.1 Voting:
Approval of any motion on a general matter brought before the Planning
Commission shall require the affirmative vote of a majority of the members
present.
4.1.1 Tie Votes:
Any tie vote shall constitute a denial of the motion and may be
reconsidered by a motion offered by any member who voted on the
matter. If there is no action by an affirmative vote, the result is
denial. If the matter involves an appeal and an affirmative vote
does not occur, the result is that the decision appealed stands as
decided by the decision-maker from which the appeal was taken.
4.1.2 Abstentions:
Abstentions shall not count as votes for the purpose of determining
whether there has been an affirmative vote of a majority of the
members present, but shall be counted for the purpose of
determining whether a quorum is present, unless the abstention
was due to a conflict of interest, in which case the Commission
member cannot be included in the quorum.
4.1.3 Roll Call:
Voting upon a motion may, at the discretion of the Chairperson, and shall,
upon the request of any member, be by roll call. When voting is not by
roll call,the Chairperson may, in the absence of objection by any member
of the Planning Commission, declare an item to be unanimously
approved.
4.1.4 Motions Include Staff Recommendations:
A motion to adopt or approve staff recommendations or simply to approve
the action under consideration shall, unless otherwise particularly
specified, be deemed to include adoption of all proposed findings and
execution of all actions recommended in both the written staff report on
file on the matter and any oral staff report presented during the hearing.
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4.1.5 Absentees:
A Planning Commission member who is absent from any portion of a
hearing conducted by the Planning Commission may vote on the matter at
the time it is acted upon provided that he or she has either reviewed the
approved minutes of the hearing, listened to the staff tape recording or
viewed the video recording of the entire portion of the hearing from which
he or she was absent, provided that a tape recording exists, and if she or
he has examined all of the staff report or minutes presented during the
portion of the hearing from which he or she was absent and states for the
record before voting that the member deems himself or herself to be as
familiar with the record and with the evidence presented at the hearing
as he or she would have been had he-or she personally attended the
entire hearing.
4.2 Findings:
On any matter for which state law or City ordinance requires the preparation of
written findings, the staff report submitted on the matter will contain findings
proposed for adoption by the Planning Commission. Any motion directly or
impliedly rejecting the proposed findings should include a statement of alternative
or modified findings or a direction that the matter under consideration be
continued for a reasonable period of time in order for staff to prepare a new set
of proposed findings consistent with the evidence which has been presented and
the decision which is anticipated.
4.3 Consent Calendar Items:
With the exception of voting on Resolutions where a decision was made at a
prior meeting (see last paragraph below)items that require little or no discussion
by the Planning Commission may be considered as Consent Calendar items.
The Planning Commission may act on these items in one motion at the beginning
of the meeting. If the Consent Calendar items are acted upon in one motion then
that means the staff recommendation was approved along with the findings and
conditions set forth in the staff report.
Any member of the Planning Commission may request that Consent Calendar
items be considered in their regular order on the agenda. Removal of an item
from the Consent Calendar is subject to approval by a majority of the
Commission members present.
In situations where the Planning Commission made a decision on an item at a
prior meeting and requested that Staff bring back a Resolution memorializing that
decision at a subsequent meeting when said Resolution would appear on the
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Consent Calendar portion of the Agenda, Staff should prepare said Resolution to
include the vote of the Planning Commission at the prior meeting when the
decision was made. Additionally, at the subsequent meeting when the
Resolution appears on the Consent Calendar, the vote taken on the Resolution
during the Consent Calendar is the formal action on the project, which shall be
reflected in the final adopted and signed Resolution. Therefore,when voting on
a Resolution that represents a decision made at a prior meeting, each Planning
Commissioner should ensure that his or her vote is accurately represented by so
stating at the meeting. For example, if at the prior meeting Commissioners A, B,
C and D voted "yes" and Commissioners E and F voted "no", then when the
Resolution returns on the Consent Calendar with other Consent Calendar items
on the Agenda, a vote in favor of approving the entire Consent Calendar may be
registered by all 7 Commissioners; however, if Commissioners E and F want to
vote"no"on the project they should specifically state that they are voting"yes"on
the Consent Calendar, with the exception of voting "no" on the specified
Resolution.
4.4 Continuances:
Upon a showing of good cause and by request of the applicant, member of the
public, or member of the Planning Commission,the Chairperson, at the time set
for a hearing on a particular item, may order the hearing to be continued to a
specified date and time. Upon the request of any member of the Planning
Commission, continuance decisions shall be made by a motion and roll call vote
of all members present.
5. CONSTRUCTION AND EFFECT
5.1 Construction:
These procedural rules shall be construed and applied so as to ensure a full and
fair hearing of relevant evidence which is offered on a land use matter and to
facilitate an orderly analysis of evidence and issues by the Planning Commission.
Adoption and implementation of these rules is intended to be consistent with the
provisions of California Government Code Section 65010(b).
5.2 Chairperson's Rules of Order:
After issuing a warning, the Chairperson may order from the Planning
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Commission Chambers any person(s)who commit the following acts with respect
to a regular or special meeting of the Planning Commission:
1. Disorderly, contemptuous or insolent behavior toward the Commission or
any member thereof, which interrupts the due and orderly course of said
meeting.
2. A breach of the peace, boisterous conduct or violent disturbance, which
interrupts the due and orderly course of said meeting.
3. Disobedience of any lawful order of the Chairperson which shall include
an order to be seated or refrain from addressing the Commission.
4. Any other interference with the due and orderly course of the meeting.
When there is no provision of these rules of procedure applicable to the conduct
of the meeting or hearing of the Planning Commission, the Chairperson shall
devise appropriate rules and make final decisions on any points of order which
may arise with the concurrence of the majority of the Commission.
PASSED, APPROVED, and ADOPTED this 25th day of May, 2010 by the
following vote:
AYES: Commissioners Emenhiser, Knight, Leon, Knight and Chairman
Gerstner
NOES: None
ABSENT: Commissioner Tetreault and Vice Chairman Tomblin
ABSTENTIONS: None
Bill Gerstner
Chairman
Joelof s , AICP
Com u ity Deve pment Director,
and cretary to the Planning
Commission
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