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HomeMy WebLinkAbout2001-44u RESOLUTION NO. 01-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING, ADOPTING, AND RESTATING THE BYLAWS OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission does hereby find, determine and declare as follows: A. The powers and duties of the Planning Commission are specified in Section 910 of the Charter of the City of Santa Ana and in Section 2-350 et seq. of the Santa Ana Municipal Code. B. The City Charter requires that each board or commission prescribe rules and regulations governing its operations. C. The current bylaws of the Planning Commission of the City of Santa Ana are set forth in Resolution No. 6106 adopted November 12, 1985, as amended by Resolution No. 87-7, adopted July 30, 1987, Resolution No. 89-4, adopted July 30, 1989, and Resolution No. 93-1, adopted February 22, 1993. D. The Planning Commission desires to amend and fully restate its bylaws. Section 2. The Planning Commission approves and adopts the bylaws as fully restated in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 24th day of September , 2001 by the following vote: AYES: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle, Richardson (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Verino (1) ABSTENTIONS: Commissioners: None (0) • RESOLUTION NO. 01-44 Page 2 • ATTEST: L ura Jo n Secre to the Planning Commission APPROVED AS TO FORM: _~_ .~ ~~ Christopher G. Norman Assistant City Attorney • RESOLUTION NO. 01-44 Page 3 • EXHIBIT "A" THE BYLAWS OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA 1. REGULAR MEETINGS a. The Planning Commission shall meet on the second and fourth Monday of each month at 5:00 p.m. at City Hall, 20 Civic Center Plaza, Santa Ana, California. In the event any regular meeting falls on a holiday, the regular meeting shall be held the next business day at the same hour prescribed hereinabove. A regular meeting may be adjourned to a time and place designated by the Chairperson. b. The Chairperson may declare that one meeting per month be waived for lack of an agenda. 2. SPECIAL MEETINGS Special meetings may be called by the Chairperson, Vice Chairperson, or four members of the Commission by notice delivered to each available member of the Commission at least 24 hours prior to such meeting, unless a • written waiver of notice, by letter, is filed by each affected member with the Commission Secretary of the City of Santa Ana.. Written notice shall also be delivered to a local newspaper of general circulation which has previously filed a written request to be informed of such meetings. 3. QUORUMS A majority of the Commission shall constitute a quorum for the action of business. 4. WITHDRAWALS a. Any application for a conditional use permit, variance, minor exception or amendment to a zoning district on the affected Sectional District Map set for hearing by the Commission may be withdrawn from consideration at the oral or written request of the applicant or staff. b. Any matter set for hearing at which neither the applicant nor his/her representative is present may, upon vote of the commission, be denied without prejudice with forfeiture of all fees to defray the costs of preparing the • hearing. RESOLUTION NO.01-44 Page 4 • 5. CONTINUANCES a. A continuance may be requested by anyone, either orally or in writing. At the .discretion of the Chairperson, a discussion may be held on the requested continuance. b. At the close of the discussion, or if no discussion is held, a motion wil{ be made, and seconded, on the request for continuance. c. The Commission will determine the length of the continuance, if any. d. The Commission is empowered to continue any item on its own motion if it is apparent that the applicant or the various City agencies have failed to address issues inherent in the proposal prior to the hearing and have failed to develop positions with regard to those issues. 6. CONDUCT OF PUBLIC HEARING a. Matters brought before the Commission for public hearing in • accordance with City ordinances shall be heard at a regular meeting. b. Matters requiring special study may be postponed to a Special Study Meeting upon a vote of the Commission. c. The Commission shall consider matters: 1) Brought before it on its own motion; or 2) Brought before it by agenda prepared by the Deputy City Manager of Development Services or his/her designee. d. The Chairperson is empowered to re-organize the agenda order at his/her discretion. e. As to each matter before the Commission, the Planning Commission Secretary shall state the matter before the Commission. Staff shall present the staff report and recommendation. The Planning Commission Secretary shall inform the Commission of any correspondence received related to the subject matter. The Chairperson will then open the public hearing, recognize the applicant or his/her designee, and then recognize all other parties speaking in favor of, or opposed to, the matter. • RESOLUTION NO. 01-44 Page 5 . f. No person, other than the applicant or the applicant's designee, addressing the Commission shall speak more than three minutes, unless so authorized by the Chairperson. g. Once recognized by the Chairperson, any Commissioner may speak and may be limited by the Chairperson until all other Commissioners have had an opportunity to speak. h. Any Commissioner may ask unlimited questions of the staff, the applicant or any member of the public who has spoken before the Commission after being recognized by the Chairperson. i. The Chairperson may, at his/her discretion, encourage the proponents and opponents of any matter to organize into spokesperson groups in the interest of expediency and to avoid repetition. However, no person desiring to speak shall be denied the right to do so. j. Rebuttal statements .are limited to three minutes by each side, and may be extended at the discretion of the Chairperson. k. After all speakers have been heard, the Chairperson shall declare the hearing closed. • 1) After close of the .hearing, the Chairperson may ask questions of persons who have spoken before the Commission. 2) A closed hearing may be re-opened only on motion and vote as hereinafter provided. 3) After close of the hearing, members of the Commission may publicly discuss the matter before them and may ask questions, with the permission of the Chairperson, of persons who have spoken before the Commission. 4) Upon conclusion of the discussion, if any, the Chairperson shall ask for a motion declaring the decision of the Commission. The motion shall be made and seconded. 5) Prior to a vote, the motion may be further discussed by members of the Commission. I. Any decision or ruling of the Chairperson (including discretionary rulings) may be appealed by request of any member (at any time). The Chairperson shall ask for a roll call vote of the Commission to determine if the decision of the Chairperson shall be upheld. If the roll call vote loses, the • Chairperson is reversed. RESOLUTION NO. 01-44 Page 6 • 7. PROCESSING OF MOTIONS a. A motion shall be made and seconded. (If any debate then follows and it is likely that there will be confusion as to the motion, the Chairperson or any interested party should ask the Planning Commission Secretary to read it from his/her notes). A motion may not be withdrawn by the mover without the consent of the second. b. The Chairperson has the right to make or second motions. In the absence of the Chairperson, the Vice Chairperson, when acting in the same capacity, has the same right. 8. ACTION ON ITEMS At any meeting where an action on an item is to be taken by the Commission, including an application for a variance, conditional use permit, minor exception, zone change or zoning amendment at a public hearing, the following rules shall apply: a. The Commission may. continue the item to a specified date in accordance with Section 5 of these Bylaws. • b. An item is approved if a motion to approve is carried by majority vote of the members voting. The failure to carry of a motion to approve does not constitute denial of the item. c. Any member may move to approve an item subject to different conditions proposed in previous motions not approved. d. An item is denied if a motion to deny is carried by majority vote of the members voting. The failure to carry a motion to deny does not constitute approval of the item. e. In the event of an impasse, the Chairperson shall offer the proponent of the item the option of: 1) Denial of his/her item, in which case the proponent may appeal to the City Council if permitted by the Santa Ana Municipal Code; or 2) Continuing the item to a later date for further consideration by the Commission. Items are deemed at an impasse at the discretion of the Chairperson. • RESOLUTION NO. 01-44 Page 7 • 9. ABSTENTIONS AND CONFLICTS OF INTEREST a. No member of the Commission shall abstain from any vote unless disqualified. b. A member shall openly state the fact and nature of his/her disqualification and then absent himself/herself from the room during debate and vote on the matter. c. A member is not disqualified from voting because of absence from any part of the public hearing, provided such member has read the staff report and. minutes pertaining to the hearing, any and all documentary evidence introduced in the hearing, and provided further that such member shall be given the opportunity to ask questions of any interested persons who are present and of the other members of the Commission concerning matters discussed at the hearing. d. Each Commissioner shall decide for himself/herself whether to disqualify himself/herself by reason of a financial conflict of interest in accordance with State law. Each Commissioner shall be entitled to consult with the Commission's legal counsel privately prior to making such a decision and should do so as early as possible after perceiving the possible conflict. • 10. VOTING a. The vote required to decide in the affirmative shall be the vote of more than one-half of the members present. b. Only a voice vote shall be taken unless a member of the Commission calls for a roll call vote. c. A roll call vote shall be by voting machine, if available, after the motion and the motion seconded. d. There shall be no qualified votes. e. Any member who voted with the majority on any action for which a public hearing was required may move for reconsideration of such action only at the same meeting, or have entered on the minutes for a vote at the next succeeding meeting. Any member who voted with the majority on any action for which a public hearing is not required, may move for reconsideration of such action at any time, providing no legal rights have intervened to create an estoppel. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent. • RESOLUTION NO. 01-44 Page 8 • 11. CONSENT ITEMS All matters listed under consent items on the Agenda are considered routine and will be acted upon by the Commission without discussion, unless any Commission member or member of the audience wishes to discuss the item. In that event, the Chairperson will remove that item from the regular consent items and place it for separate consideration. 12. ALL OTHER PLANNING COMMISSION POWERS AND DUTIES a. Attendance of Witnesses. The Planning Commission has the power to compel the attendance of witnesses, the power to issue subpoenas and the power to administer oaths in any proceeding or investigation pending before it. The City Attorney will be directed to issue said subpoenas upon the majority vote of the Commission (Charter Section 906 of the Santa Ana Municipal Code). b. Matters Before the Commission. Any three members may vote to take up any matter for preliminary review that is not otherwise before the Commission. In this event, the matter will be scheduled for review at the next regularly scheduled meeting. A majority vote will be required for the • Commission to pursue the issue beyond a preliminary review. c. Temporary or Standing Committees. 1) The Chairperson shall appoint as needed such temporary or standing committees for the study, investigation, and report of particular matters as concern to the Commission. 2) Standing committees may be appointed to advise on those Planning Commission responsibilities that are defined in the Charter: a) Planning Commission Budget. b) General Plan Amendments. c) Capital Improvement Program. d) Land Use, including designation of public recreation facilities. RESOLUTION NO. 01-44 Page 9 • 13. COMMISSION OFFICERS a. The Planning Commission shall have two elected offices: Chairperson and Vice Chairperson. The officers shall be elected during the second meeting in January of each calendar year and shall take effect the first day of February following the election. b. In the event of a vacancy in the office of the Chairperson or Vice Chairperson, the Planning Commission shall elect one of its members for the unexpired term at its next regular meeting following the occurrence of the vacancy. c. In the event that both the Chairperson and Vice Chairperson are absent from the same meeting of the Commission, the Commission shall, as the first order of business, nominate a member to serve as Chairperson pro tem for the meeting. 14. POSTING A copy of the meeting agenda and rules of procedure of the Planning Commission shall be posted 72 hours prior to the meeting for public inspection outside of the hearing room at every regular meeting of the Commission. •