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HomeMy WebLinkAboutPC Reso 22-3161RESOLUTION NO. 22-3161 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY UPDATING RULES AND REGULATIONS OF THE PLANNING COMMISSION IN ACCORDANCE WITH SECTION 904 OF THE DOWNEY CITY CHARTER THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby adopt the following rules and regulations pursuant to Section 904 of the Downey City Charter: DOWNEY PLANNING COMMISSION BY-LAWS ARTICLE I MEMBERS Section 1. The Officers of the Planning Commission shall consist of a Chairman and Vice-Chairman, and all Commissioners shall be appointed members from their respective Council districts. Section 2. The Chairman shall preside at all meetings and hearings of the Planning Commission and shall have the duties normally conferred by parliamentary usage on such an officer. The Chairman shall have the privilege of discussing all matters before the Planning Commission and to vote thereon. Section 3. The Vice-Chairman shall act for the Chairman in his absence. Section 4. In the absence of both the Chairman and Vice-Chairman, the members present at such meeting may elect a Chairman pro-tem who shall serve only for the duration of the meeting in which he is appointed and shall have all powers of the Chairman for that meeting. Section 5. The Secretary to the Commission shall be the Secretary of the Planning Division or that person designated by the City Manager, and is not a member of the Planning Commission. The Secretary shall keep minutes of Planning Commission proceedings and transactions, prepare the agenda of regular and special meetings, arrange proper and legal notice of hearings, attend to correspondence, and perform such other duties for the Planning Commission as are normally carried out by a Secretary. ARTICLE II ELECTION OF OFFICERS Section 1. The Chairman and Vice-Chairman shall be elected by and from the members of the Planning Commission. Election of Chairman and Vice-Chairman shall be held at the second meeting of January of each year with the newly elected officers to take their seats on the first regular meeting in February. Section 2. The terms of office for Chairman and Vice-Chairman shall be for one year, and thereafter until their respective successors are elected and qualified. Resolution No. 22-3161 Downey Planning Commission PC Bylaws - Page 2 Section 3. Vacancies in offices shall be filled immediately by regular election procedure, but for the unexpired term only. ARTICLE III MEETINGS Section 1. MEETING TIMES The regular meetings of the Planning Commission of the City of Downey shall be on the first and third Wednesdays of the month at 6:30 p.m., in the City Hall, 11111 Brookshire Avenue, Downey, California, provided that whenever the time for holding any of the meetings falls on a holiday, the meeting shall be held on the next business day unless otherwise ordered by the Commission. Section 2. AGENDA A. A written agenda shall be prepared for each regular and adjourned regular meeting of the Commission. B. The agenda must contain a brief general description of each item of business to be transacted or discussed at that meeting. C. Each agenda shall contain a clear statement of the time and location of the meeting as well as a statement that reports and documents relating to each agenda item are on file in the office of the Director of Community Development and are available for public inspection. D. The agenda shall be posted not less than 72 hours in advance of the regular or adjourned regular meeting to which it relates. E. The agenda shall be posted in a location freely accessible to the public on the City Hall Bulletin Board, Downey Public Library and Barbara J. Riley Community and Senior Center. The person posting the agenda shall complete and sign a certificate of posting. F. In addition to other notice requirements, the call and notice of a special meeting shall be posted at the locations specified in subparagraph E. Where feasible, an agenda shall be prepared for the special meeting in accordance with the procedures described in this paragraph. G. Emergency meetings pursuant to Government Code Section 54956.5 and other applicable law can be held without complying with the agenda requirements of this paragraph. H. The Commission shall not take any action on any item which does not appear on the posted agenda except as follows in accordance with the Governmental Code Section 54956.5 1. Emergency Situation An emergency situation is defined as a work stoppage or other activity which severely impairs public health, safety, or both. Before proceeding to act upon an emergency item not Resolution No. 22-3161 Downey Planning Commission PC Bylaws - Page 3 appearing on the agenda, the Commission must, by a majority vote, determine that an emergency situation exists and that prompt action is required by the Commission. The Commission shall include in the minutes of its meeting the facts upon which it relied in finding the existence of an emergency situation. 2. "Subsequent Need" Item The Commission may act upon an item not appearing on the agenda if it finds, by a two- thirds vote or by a unanimous vote if less than two-thirds but more than a quorum of its members are present, that the need to take action on the non-agenda item is required because the need to act arose after the posting of the agenda. If such a determination is to be made, a statement of facts upon which the determination is based shall be included in the minutes supporting the action taken. 3. Held Over Item Items not appearing on the posted agenda may be acted upon at a meeting if: (a) the item appeared on a properly posted agenda for a previous meeting; and (b) the previous meeting occurred not more than five calendar days prior to the date of the meeting at which the item is proposed to be considered; and (c) the item was continued from the previous meeting to the meeting at which action is proposed to be taken. Section 3. Special Meetings may be called at any time by the Chairman or by a majority of the Planning Commission by appropriate notice to the members of the Commission and to the media. The call and notice of the meeting shall provide the time, place and date of such meeting and the business to be transacted. The Secretary shall post an agenda of the Special Meeting at least 24 hours prior to said meeting. Section 4. If, for any reason, the business to be considered at any regular or adjourned regular, special or adjourned special meeting cannot then be completed, the Commission may at such meeting designate the time for an adjourned meeting to consider any matter than can properly be considered at such meeting, and the notice of an adjourned meeting shall be posted in the manner required by Article III, Section 1 and 2 of these By-Laws. With respect to members not present, it shall be the duty of the Secretary to employ such reasonable means as may be necessary to notify the absent members. Section 5. All meetings of the Commission shall be public meetings open to the public at all times, except as otherwise required by State law under declared state of emergencies, and all persons shall be permitted to attend such meetings. The provisions of this Section shall not apply to those matters that occur in closed sessions as outlined by the Brown Act. Section 6. Appearance of a Commissioner before the Planning Commission. After a Commissioner has disqualified him or herself as a result of a potential conflict of interest, he or she may appear before the Commission during the hearing on the matter and present testimony regarding the matter, provided it is done in the following manner: A. Appears in the same manner as a member of the general public may appear, solely to represent him or herself in a manner relating to his or her personal interest. The official's "personal interests" would include, but not limited to, an interest in real property wholly Resolution No. 22-3161 Downey Planning Commission PC Bylaws - Page 4 owned by the official or his facility, a business wholly owned by the official or his family or a business entity which the official controls. B. When the Commissioner appears before the Planning Commission as a member of the general public, the testimony given should address how the decision will affect his personal interest. The Commissioner should not present testimony in a manner as acting as a representative of other persons in the community and should not bring forth matters beyond these personal interests. C. The Commissioner may have a representative speak on his or her behalf; once again the testimony given should be limited to how the decision relates to the public official's personal interest. ARTICLE IV ORDER OF BUSINESS Section 1. The order of business for regular meetings shall be: 1. CALL TO ORDER 2. FLAG SALUTE 3. ROLL CALL 4. PLANNING COMMISSIONER ANNOUNCEMENTS; REQUESTS FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS 5. PRESENTATIONS 6. REPORT ON CITY COUNCIL ACTIONS 7. PUBLIC HEARINGS 8. NON-AGENDA/CONSENT CALENDAR/OTHER BUSINESS PUBLIC COMMENTS 9. CONSENT CALENDAR ITEMS --ITEMS IN THIS SECTION WILL BE VOTED ON IN ONE MOTION UNLESS A COMMISSIONER REQUESTS SEPARATE ACTIONS. FURTHER, ANY CONSENT CALENDAR ITEMS REMOVED FROM THE AGENDA WILL BE CONSIDERED BY THE COMMISSION FOLLOWING THE PUBLIC HEARING ITEMS. A. MINUTES 10. OTHER BUSINESS 11. STAFF MEMBER COMMENTS 12. ADJOURNMENT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Planning Division office at (562) Resolution No. 22-3161 Downey Planning Commission PC Bylaws - Page 5 904-7154 (voice) of the California Relay Service Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. Supporting data for items included in this agenda is available for public review and inspection in the office of the Planning Division during regular workday hours between 8:00 a.m. and 5:00 p.m., and in the City Library during regular hours and on the City website at http://www.downeyca.org. Section 2. The order of business for special meetings shall be: 1. Roll Call 2. Hearings and Cases, if any 3. Other Business 4. Oral Communications 5. Adjournment Section 3. The order of business of any meeting may be changed by the Chairman with the approval of a majority of a quorum of the Commission. ARTICLE V HEARINGS Section 1. In order to expedite the hearings on any petition, application, or appeal, the time for such hearings shall be set by the Secretary at the time of the filing of the petition, application or appeal, and the Secretary shall cause notice thereof to be given as required by the applicable law. All hearings shall be set for 6:30 p.m., unless otherwise specified by the Chairman or the Commission. Section 2. The procedure for public hearings shall conform as nearly as possible to the following outline: 1. Chairman declares the public hearing open and with the consent of a quorum of the Commission. 2. Planning Division presents the case and factual information of land use and zoning in the area. 3. Chairman calls on applicant and those favoring the application. Each person speaking shall state for the record his or her name and address. 4. Chairman calls on those protesting the application. Each person speaking shall state for the record his or her name and address. 5. Chairman gives applicant time for rebuttal of protests. 6. Chairman asks for Planning Division recommendation. Resolution No. 22-3161 Downey Planning Commission PC Bylaws - Page 6 7. Chairman declares the public hearing closed when members of the Planning Commission indicate they have heard all pertinent testimony. After the public hearing is closed, no additional substantive testimony may be given, however, the Commission may clarify information which has been received into the public record by directing questions to its staff or the public, provided further that such clarifications are made at the same meeting and immediately following the closure of the public hearing. 8. Planning Commission takes action. Section 3. 1. On the Planning Commission agenda we will note, that at 9:30 p.m. the Planning Commission may recess the regular meeting. At this time Staff will evaluate the agenda to see what items remain, to see if any new items will be heard beyond 10:30. If it is determined that the remaining items on the agenda will go beyond the 10:30 time period, Staff will confer with the various applicants as to the urgency of the items to be heard that "evening and will then give this information to the Chairman. The Commission will then determine which items need to be considered this evening and those items that could be continued to another meeting. 2. Upon the Chairman receiving information of those Planning Commission items that will go beyond the 10:30 time period, the Chairman of the Planning Commission may take those requested items to be continued, out of sequence with the action to continue those items to the designated scheduled meeting date and shall be placed first on the agenda. 3. At the discretion of the Planning Commission, the meeting may be recessed at 9:30 p.m.If there is a hearing in process, that hearing will be taken and the items 1 & 2 above mayl be conducted by Staff and the Commission will proceed accordingly. 4. A hearing before the Planning Commission, which for any reason cannot be completed at the time and place originally advertised, may be continued to a later date and an announcement of the time, place, and date of such continued hearing shall constitute sufficient notice to all parties concerned. Section 4. In addition to hearings required by law, the Planning Commission may, at its discretion, hold public hearings on any matters when the Commission decides that such hearings will be in the public interest. Section 5. 1. During Public Hearings, all interested parties will be allowed to address the Commission. The applicant shall speak after the staff report and shall have the opportunity for rebuttal. The applicant shall not be limited by the three (3) minute time limit, but shall not be repetitious or digress from the issues before the Commission. The Chairperson shall request persons wishing to address the Commission on a Public Hearing item to approach the podium. In the interest of facilitating the business of the Commission, all persons addressing the Commission shall be limited to three (3) minutes unless such time is extended by a quorum of the Commission for good cause. The Commission may establish a maximum period of time for public testimony before or during the hearing. Resolution No. 22-3161 Downey Planning Commission PC Bylaws - Page 7 2. The Commission will hold one public comment period for Non-Agenda items and agenda items listed under “Other Business” and “Consent Calendar . Individuals wishing to address the Planning Commission on Non-Agenda items or items listed on “Other Business” or the “Consent Calendar” shall approach the podium. Each person speaking shall be limited to four (4) minutes. 3. Persons addressing the Planning Commission on Non-Agenda items under item 2 above may only address the Commission on items not on the agenda but pertaining to the subject matter under the jurisdiction of the Commission. A determination of whether an item is appropriate for discussion shall be made by the Chairperson with the consent of a quorum of the Commission. ARTICLE VI QUORUM Section 1. Three members of the Commission shall constitute a quorum for the conduct of business, and the vote of a majority of the members at a meeting where a quorum is present shall determine the act of decision or other law except where three votes are required by applicable ordinance. Section 2. In the event of the lack of quorum at a meeting, the Chairman or Vice- Chairman, or Commission Secretary, in that order, shall adjourn the meeting to another time, place, and date, and such adjournment shall serve as sufficient notice thereof to all matters whether present at such meeting or not. With respect to members not present, it shall be the duty of the Secretary to employ such reasonable means as may be necessary to notify the absent members. The Secretary may adjourn a meeting where no Commissioners are present, provided that if the meeting is adjourned to a time other than the next regular meeting, notice of the meeting shall be given as if the meeting were a special meeting. Section 3. The Chairman and every member of the Commission present shall vote upon every issue unless abstaining for a reason given; provided, that when a hearing has been held on an issue and testimony has been taken, no member not present at such hearing shall vote upon such issue unless he has first read a transcript or heard a tape recording of the testimony and proceedings during the hearing. ARTICLE VII PARLIAMENTARY PROCEDURE Section 1. Robert’s Rules of Order shall govern in the conduct of Commission Meetings in all cases to which they are applicable and in which they are not inconsistent with these By-Laws or any applicable statute or ordinance of the City. ARTICLE VIII AMENDMENTS AND SUSPENSIONS Resolution No. 22-3161 Downey Planning Commission PC Bylaws - Page 8 Section 1. These By-Laws may be amended at any regular or special meeting by an affirmative vote of not less than three members of the Planning Commission. Section 2. The Planning Commission may suspend any of these By-Law provisions only for the duration of the meeting at which time they are suspended by a unanimous vote of all members present at such meeting, unless local or state law prohibits suspension of these By-law provisions. ARTICLE IX COMMISSION AUTHORITY Section 1. Any matters not addressed in these By-Laws shall be governed by the Downey City Council meeting rules contained in the Downey Municipal Code, as they may be amended from time to time. Failure of the Commission to follow the procedures established by this Resolution shall not invalidate or otherwise affect any action of the Commission. Section 2. These By-Laws in no way modify, amend or suspend the Commission's or individual Commissioner's obligations pursuant to the Political Reform Act, Open Meeting Law or other applicable statute of statewide concern. These By-Laws shall be construed to remain consistent with such statutes, as they may be amended from time to time. SECTION 3. Planning Commission Resolution No. 20-3122 is hereby repealed. SECTION 4. This Resolution shall take effect on the effective date of approval by the Downey City Council. APPROVED by the Planning Commission this 2nd day of February, 2022 Originally signed by Miguel Duarte Miguel Duarte, Chairman Downey Planning Commission Resolution No. 22-3161 Downey Planning Commission PC Bylaws - Page 9 I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 2nd day of February, 2022 by the following vote, to wit: AYES: COMMISSIONERS: Owens, Montoya, Ortiz, Uva and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Originally signed by Mary Cavanagh Mary Cavanagh, Secretary Downey Planning Commission Approved by the Downey City Council during its regular meeting held on the ____ day of ___________, 2022, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Blanca Pacheco, Mayor ATTEST: _______________________ Maria Alicia Duarte, CMC City Clerk