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Consider adopting a resolution to amend the Planning Commission Rules of Order and Procedure to revise and update definitions, propose clarifications, corrections and necessary updating; under CEQA Guidelines Section 15378(b)(2) and (b)(5), amending the Rules of Order is not a “project” subject to the California Environmental Quality Act as an organizational or administrative activity that will not result in direct or indirect physical changes to the environment
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Published Notice Required? Yes ___ No _X__
Public Hearing Required? Yes ___ No _X__
DEPARTMENTAL RECOMMENDATION:
Staff recommends that the Planning Commission receive a copy of the draft update to the Planning Commission Rules of Order and Procedure and consider adopting a resolution to amend the Planning Commission Rules of Order and Procedure.
SUMMARY:
In response to Planning Commissioner requests, Department staff are presenting proposed amendments to the Planning Commission Rules of Order and Procedure (Rules of Order), which were last amended by resolution on June 16, 1994. The proposed amendments revise and update definitions, and provide necessary clarifications, corrections, and updating to the existing Planning Commission Rules of Order to reflect updates to State law, adapt to current protocols, and to provide additional procedural clarity for current and future planning commissioners.
DISCUSSION:
Background
The Planning Commission Rules of Order and Procedure have not been updated since June 16, 1994. The Rules of Order may be periodically reviewed and modified in order to maintain applicability and provide for the effective and expeditious conduct of Planning Commission meetings. The Planning Commission’s rules of procedure govern its public hearings and performance of duties and functions assigned to it by State Planning and Zoning Law and the Solano County Code.
Solano County Code, Chapter 28, Section 28.115 describes the duties of the Solano County Planning Commission as follows:
The Commission shall perform the duties and functions prescribed by State law and Solano County ordinances, including the following:
1) The review and approval, conditional approval or denial of development projects under the jurisdiction of the Commission as provided for by this Chapter.
2) The making of recommendations to the Board for final decisions on General Plan Amendments, Development Agreements, Zoning Regulation Amendments, Specific Plans and Amendments, Zoning Map Amendments, environmental documents associated with the preceding project types, and other applicable policy or ordinance matters related to the County’s planning process.
3) The Planning Commission may establish rules of procedure governing all hearings required by this Chapter and the laws of the State. Upon the adoption of rules of procedure by the Planning Commission, the same shall be filed in the office of the Zoning Administrator and copies of such rules of procedure shall be given to each person requesting the same.
In accordance with the Planning Commission’s duties and functions related to item 3 above, Department staff are presenting revised and updated definitions, clarifications, corrections and necessary updating to the Planning Commission Rules of Order and Procedure. Draft redline edits to Planning Commission Rules and Procedure text can be found in Attachment B. Key amendments are identified below.
Section 2. Duties of Officers and Staff
2.06 Clerk. The Director of Resource Management shall designate a Clerk to the Planning Commission. The Clerk shall keep minutes of each meeting and shall record the official actions taken. On all official actions where a vote is taken, the Clerk shall take the vote by roll call.
Section 3. Meetings of the Commission
3.01 Regular Meetings. All meetings of the Commission will be held in accordance with the Ralph M. Brown Act, Government Code sections 54950 et seq.
3.07 Official Action.
b. When considering an application over which the Commission has original jurisdiction, the application is denied if it fails to receive the affirmative vote of the majority of the quorum present, unless otherwise provided by law. When considering an appeal to the Commission, the appeal is denied if it fails to receive the affirmative vote of a majority of the quorum present.
c. When considering adoption or amendment of the County’s General Plan or any specific plan, the Commission shall by motion and resolution make a written recommendation to the Board of Supervisors as provided by law. Pursuant to Government Code Section 65354, an affirmative vote by a majority of the total membership of the Commission is required to recommend approval on the adoption or amendment. An affirmative vote by less than the majority of the Commission, but by a majority of the quorum present, shall constitute a split recommendation. A tie vote or “no” vote by a majority of the present quorum shall constitute a negative recommendation. The following table shows the possible voting outcomes (e.g., 5-0 means 5 “yes” votes and 0 “no” votes).
§ Recommendation for approval: 5-0, 4-1, 3-2, 3-1, or 3-0
§ Split recommendation: 2-1
§ Recommendation for denial: 0-5, 1-4, 2-3, 1-2, 2-2
3.09 Manner of Addressing the Commission.
c. Time Limits. As a general matter, each speaker shall be limited to five (5) minutes. The time limit may be modified by the Chair or by a majority of the Commissioners in attendance. This provision applies to public comment on unscheduled items and all agendized items.
3.12 Public Hearing Decisions. Commissioners shall act in a fair and impartial manner and shall avoid reaching a final decision prior to the close of the public hearing. Commissioners may express tentative opinions and concerns prior to their final decision, as this facilitates robust exploration and discussion of issues with which the Commission is concerned.
Section 6. Record of Proceedings; Minutes
6.01 Record of Proceedings. The Clerk shall take an audio recording of all regular meetings of the Commission and shall maintain that recording for at least one year. Any person wishing to listen to or make a copy of the recording of the meeting may do so by contacting the Department. Nothing herein shall preclude the Commission or any interested person from using the service of a court reporter in any public hearing. The party desiring the services of a court reporter shall be responsible from for making arrangements and for payment of such services.
6.02 Minutes. All official actions or decisions of the Commission shall be entered into the minutes of the Commission prepared by the Clerk.
Section 7. Committees
7.02 Appointment. The Chair shall appoint all standing and ad hoc committee members, and a chair of such committees.
Section 8. Policies
8.01 Scheduling Agenda Items. At any regular meeting, a Commissioner may add an item to a future meeting agenda with the consent of a majority of the present quorum, so long as the item is within the Commission’s subject matter jurisdiction.
8.03 Visitation of Sites. Individual Commissioners may meet with interested parties and go on site visits prior to a public hearing, provided such “ex parte” contacts (i.e., “without all present”) are disclosed at the public hearing and members of the public are able to respond to that information during the hearing. Commissioners must disclose any meetings or site visits, along with any material facts learned therefrom which is not in the staff report or public record, after the agenda item is announced and before opening of the public hearing on the item. Commissioners must abide by the provisions of the Ralph M. Brown Act in conducting site visits, and no more than two Commissioners may visit a site at the same time.
ENVIRONMENTAL REVIEW:
Under CEQA Guidelines Section 15378(b)(2) and (b)(5), amending the Rules of Order is not a “project” subject to the California Environmental Quality Act as an organizational or administrative activity that will not result in direct or indirect physical changes to the environment.
OTHER AGENCY INVOLVEMENT:
County Counsel assisted in development of the updates to the Planning Commission Rules of Order and Procedure.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a resolution to update the Planning Commission Rules of Order and Procedure.
Alternative for consideration: For expedition of hearings and to be consistent with Board of Supervisor protocols, the Planning Commission may wish to consider reducing public speaking time limits from 5 minutes to 3 minutes as outlined above in 3.09 - Manner of Addressing the Commission. c. Time Limits.