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(Repealed by Ord. 903, § 1,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:
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.
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:
d. If necessary, a rebuttal from the applicant;
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)