Note: Prior ordinance history: Ords. 113, 135, 146, 167, 169, 195, 285, 319, 425, 426, 534, 608 and 618.
The office of the city planning commission is created and established.
(Ord. 676 § 1(Exh. A), 1997)
The planning commission shall consist of five regular members who shall be appointed by the city council.
(Ord. 676 § 1(Exh. A), 1997; Ord. 761 § 1, 2001; Ord. 801 § 2, 2002; Ord. 872 § 1, 2004; Ord. 903, § 2, 2005)
(Repealed by Ord. 903, § 1, 2005)
The term of office of each current planning commissioner shall expire on the date of the first regular city council meeting in June of each year. Prior to the first regular city council meeting in June, each council member may offer for nomination to the planning commission one candidate to be confirmed by a vote of the council majority. The term of office for a commissioner shall be one year, with a maximum service limit of four consecutive terms subject to waiver by the city council, unless his/her office becomes vacant pursuant to Section 2.28.040; or he/she is removed from office pursuant to Section 2.28.050.
(Ord. 676 § 1(Exh. A), 1997; Ord. 694 § 1, 1998; Ord. 872 § 1, 2004; Ord. 903, § 3, 2005)
A planning commissioner vacates his/her office before the expiration of his/her term by one of the following circumstances:
A. 
Resignation;
B. 
Ceasing to discharge the duties of a member of the commission by failing to attend three consecutive regular meetings unless he/she is prevented from attending by illness; or
C. 
Absence from twenty-five percent or more of the regularly scheduled meetings of the commission during any fiscal year for reasons other than illness.
(Ord. 676 § 1(Exh. A), 1997; Ord. 761 § 2, 2001; Ord. 903, § 4, 2005)
The city council may remove any member of the planning commission from office at any time during his/her term.
(Ord. 676 § 1(Exh. A), 1997)
A. 
A chairperson and vice-chairperson shall be elected annually at the first regular meeting in June from among the regular membership of the commission. Nominations and elections shall be by regular members of the commission. The chairperson and vice-chairperson shall assume office upon election.
B. 
The vice-chairperson shall succeed the chairperson if he vacates his or her office before his or her term is completed, the vice-chairperson to serve the unexpired term of the vacated office. A new vice-chairperson shall be elected at the next regular meeting.
C. 
In the absence of the chairperson and vice-chairperson, any other member shall call the commission to order, whereupon a chairperson shall be elected from the members present to preside for one meeting only.
D. 
The chairperson or vice-chairperson may be removed by a four-fifths vote of the planning commission at any time during the tern of the chairperson or vice-chairperson. A new chairperson and vice-chairperson shall immediately thereafter be elected by the planning commission.
(Ord. 676 § 1(Exh. A), 1997; Ord. 801 § 4, 2002)
The responsibilities and powers of the officers of the planning commission shall be as follows:
A. 
Chairperson.
1. 
Preside at all meetings of the commission;
2. 
Call special meetings of the commission in accordance with legal requirements and the rules of procedure;
3. 
Sign documents of the commission;
4. 
See that all actions of the commission are properly taken;
5. 
The chairperson shall be an ex officio member of all ad hoc committees, with voice but not vote, except when the ad hoc committee is already composed of two commission members. There shall be no three-member ad hoc committees of the planning commission.
B. 
Vice-chairperson. During the absence, disability or disqualification of the chairperson, the vice-chairperson shall exercise or perform all the duties and be subject to all the responsibilities of the chairperson.
(Ord. 676 § 1(Exh. A), 1997)
A. 
The planning commission shall have the power to recommend to the city council, after a public hearing thereon, the adoption, amendment or repeal of a general plan, or any part thereof, for the physical development of the city.
B. 
The planning commission shall exercise such functions with respect to land subdivision, planning, and zoning as may be prescribed by ordinance.
C. 
The commission shall advise the city council on those matters falling within its charged responsibilities in a manner reflection concern, for the overall development and environment, of the city as a setting for human activities.
D. 
The planning commission shall be required to prepare and submit a brief annual report to the city council no later than the last regularly scheduled meeting of the city council of March of each year. The annual report shall be made in writing and shall include information on the status of all commission activities and programs. Upon a request by the city council, the commission may also be required to make a verbal presentation of the annual report no later than the last regularly scheduled meeting of the city council of March of each year.
(Ord. 676 § 1(Exh. A), 1997; Ord. 834 § 2, 2003)
Except as otherwise provided in these rules of procedure, the "New Robert's Rules of Order, 10th Edition (2000)," and hereafter the most recently revised edition of Robert's Rules of Order, shall be used as the guide to the conduct of the meetings of the planning commission; provided, however, that the failure of the commission to conform to the rules of order shall not, in any instance, be deemed to invalidate the action taken.
(Ord. 676 § 1(Exh. A), 1997; Ord. 804 § 11, 2002)
All meetings shall be held in full compliance with the provisions of state law, ordinances of the city, and these rules of procedure.
(Ord. 676 § 1(Exh. A), 1997)
A. 
Regular meetings shall be held on the second and fourth Thursday of each month commencing at two p.m. in the city council chambers at City Hall located at 69-825 Highway 111, Rancho Mirage, California.
B. 
Whenever a regularly scheduled meeting falls on a public holiday, no regular meeting shall be held on that day. Such regular meeting may be rescheduled to another business day, or canceled by motion adopted by the planning commission.
(Ord. 676 § 1(Exh. A), 1997; Ord. 996 § 1, 2010)
In the event it is the wish of the planning commission to adjourn its meeting to a certain hour on another day, a specific date, time and place must be set by the commission prior to the regular motion to adjourn.
(Ord. 676 § 1(Exh. A), 1997)
Special meetings of the planning commission may be held at any time upon the call of the chairperson or by two of the voting members of the commission or upon request of the city council following at least twenty-four hours' notice to each member of the commission and to the press. The time and place of the special meeting shall be determined by the convening authority.
(Ord. 676 § 1(Exh. A), 1997)
A quorum shall consist of three planning commission members. (Refer to Section 2.28.180(A)(1)).
(Ord. 676 § 1(Exh. A), 1997)
A. 
The commission may be convened as a whole or as a committee of the whole in the same manner as prescribed for the calling of a special meeting for the purpose of holding a study session; provided, however, that no official action shall be taken and no quorum shall be required. Regularly scheduled study sessions are held on the same day as regularly scheduled meetings of the planning commission, on the second and fourth Thursday of each month, at City Hall.
B. 
Such meetings shall be open to the public; but, unless the commission invites evidence or comments to be given, participation by interested members of the public shall not take place at such study sessions.
C. 
Committees.
1. 
There shall be no permanent committees.
2. 
The chairperson may appoint ad hoc advisory committees with the concurrence of a majority vote of the commission.
3. 
There shall be a maximum of two committee members on any ad hoc advisory committee at any time.
4. 
Responsibilities and objectives of the ad hoc committee shall be specified a the time of the creation of the committee.
5. 
The committee shall be dissolved upon the completion of their responsibilities and objectives, or upon the request of the chairperson of the planning commission with the concurrence of a majority vote of the commission.
(Ord. 676 § 1(Exh. A), 1997)
A. 
An agenda for each meeting of the commission shall be prepared by the planning director or his or her staff.
B. 
The planning department cannot guarantee that applications meeting filing deadlines will be placed on the agenda of the first meeting thereafter.
C. 
There shall be attached to each agenda a report of matters pending further action by the commission.
(Ord. 676 § 1(Exh. A), 1997)
A. 
The order of business shall be as follows:
1. 
The chairperson shall take the chair precisely at the hour appointed for the meeting and shall immediately call the commission to order.
2. 
Members present and absent shall be recorded.
3. 
Staff shall be asked for updates on the agenda.
4. 
The minutes of any preceding meeting shall be submitted for approval.
5. 
Any member of the audience may comment on any matter which is not listed on the agenda.
6. 
The public shall be advised of the procedures to be followed in the meeting.
7. 
The commission shall then hear and act upon those proposals scheduled for consideration or public hearing, together with such other matters of business and reports as the commission or planning director finds to require commission consideration.
8. 
Adjournment.
B. 
Presentation of Hearing of Proposals. The following shall be the order of procedure for public hearings concerning planning and zoning matters:
1. 
The chairperson shall announce the subject of the public hearing, as advertised.
2. 
If a request is made for continuance, a motion may be made and voted upon to continue the public hearing to a definite time and date.
3. 
The staff shall be asked to present the substance of the application, staff report and recommendations, and to answer technical questions of the commission.
4. 
Order of Testimony. The order of testimony shall be as follows:
a. 
Applicant's statements;
b. 
Proponent's statements;
c. 
Opponent's statements;
d. 
If necessary, a rebuttal from the applicant;
e. 
Public hearing closed;
f. 
The commission shall then deliberate and either determine the matter or continue the matter to another date and time certain.
5. 
Rules of Testimony. The rules of testimony shall be as follows:
a. 
Persons presenting testimony to the commission are requested to give their name and address for the record.
b. 
If there are numerous people in the audience who wish to participate on the issue, and it is known that all represent the same opinion, a spokesperson should be selected to speak for the entire group. The spokesperson will thus have the opportunity of speaking for a reasonable length of time, presenting a complete case.
c. 
To avoid unnecessary cumulative evidence, the chair may limit the time of testimony on a particular issue.
d. 
Irrelevant and abusive comments by witnesses or commissioners and off-the-subject comments will be ruled out of order.
e. 
The chair will not permit any complaints regarding the staff or individual commissioners during a public hearing. Complaints should be submitted in writing or presenting verbally as a separate item on the agenda.
f. 
No person shall address the commission without first securing the permission of the chair to do so.
g. 
All comments shall be placed through the chair.
h. 
No commissioner may be interrupted while the commissioner has the floor without compelling cause.
(Ord. 676 § 1(Exh. A), 1997)
A. 
Voting Requirements.
1. 
A quorum shall consist of three members.
2. 
The affirmative vote of the majority of the quorum is necessary for the commission to take action.
3. 
Certain actions of the commission require a majority vote (three votes) to carry. These are:
a. 
A recommendation to the city council with regard to the adoption or amendment of a general plan or any part thereof;
b. 
A recommendation to the city council with regard to any precise (specific) plan or any part thereof; and
c. 
Other actions as required under federal or state law which requires a majority of the total voting members to carry.
4. 
When a member of the commission abstains from voting on any matter before it, that vote shall not constitute nor be considered as either a vote in favor of or in opposition to the matter being considered. A deadlock vote (two to two, or one to one) shall constitute no action. Such final deadlock votes shall be referred to the city council.
B. 
Recording of Votes. The minutes of the commission's proceedings shall show the vote of each member, including if they were absent or failed to vote on a matter considered.
C. 
Disqualification from Voting. A member shall disqualify him or herself from voting in accordance with the state of California Conflict of Interest Code. When a person disqualifies him or herself, he or she shall state prior to the consideration of such matter by the commission that he or she is disqualifying him or herself due to a possible conflict of interest and shall then leave the voting area.
D. 
Ex Parte Contacts with Regard to a Project or Item Before the Commission. The members of the planning commission shall advise the balance of the commission with regard to the content of any outside contact with third parties, which contact relates to a project or items before the commission. This excludes contacts with staff or the city attorney. Such contacts and their content should be disclosed to the balance of the commission before the commission takes action on the project or item to which the contact relates.
E. 
A member of the planning commission, who has been absent during a prior public hearing with respect to an item should, but is not required to, review the taped record of that public hearing before voting with regard to that item.
(Ord. 676 § 1(Exh. A), 1997; Ord. 761 § 3, 2001)
All regular and adjourned regular meetings of the planning commission shall be recorded in an audio or video format and all such recordings shall be retained by the city for a period of at least twenty-five years.
(Ord. 946 § 2, 2006)