Agenda Package - PC_May02_2023PLANNING COMMISSION MEETING
AGENDA
Tuesday, May 2, 2023, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Please click the link below to join the Zoom Meeting:
https://us02web.zoom.us/j/86752345420
Webinar ID: 867 5234 5420
Or by Telephone: 1-669-900-6833; 1-346-248-7799
This Planning Commission meeting will be conducted by hybrid in-person/virtual format. Members of the public
may participate and provide public comment on agenda items during the meeting in person at the location
identified above, by joining the Zoom meeting, or by submitting written public comments to Andrew Perez,
Associate Planner, at aperez@arroyogrande.org.
1.CALL TO ORDER
2.ROLL CALL
3.FLAG SALUTE
Commissioner Berlin
4.AGENDA REVIEW
The Commission may revise the order of agenda items depending on public interest and/or special
presentations.
5.COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present issues,
thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to
those matters that are within the jurisdiction of the Planning Commission. Members of the public may
provide public comment remotely by joining the Zoom meeting utilizing one of the methods provided
below. Please use the “raise hand” feature to indicate your desire to provide public comment.
Click the link below to join the webinar:
• https://us02web.zoom.us/j/89129208197; Webinar ID: 891 2920 8197
• Or Telephone Attendee: 1-669-900-6833; 1-346-248-7799; 1-253-215-8782; Press * 9 to “raise
hand” for public comment
The Brown Act restricts the Commission from taking formal action on matters not published on the
agenda. In response to your comments, the Chair or presiding official may:
• Direct City staff to assist or coordinate with you.
• A Commissioner may state a desire to meet with you.
• It may be the desire of the Commission to place your issue or matter on a future agenda.
Please adhere to the following procedures when addressing the Commission:
• Comments should be limited to 3 minutes or less.
• Your comments should be directed to the Commission as a whole and not directed to an individual
Commissioner.
• Slanderous, profane or personal remarks against any Commissioner or member of the audience
shall not be permitted.
6.WRITTEN COMMUNICATIONS
Correspondence or supplemental information for the Planning Commission received after Agenda
preparation. In compliance with the Brown Act, the Commission will not take action on
correspondence relating to items that are not listed on the Agenda, but may schedule such matters
for discussion or hearing as part of future agenda consideration.
7.CONSENT AGENDA
7.a Approval of Minutes
(HOLUB)
Recommended Action:
Approve the Minutes of the February 21, 2023 Regular Meeting
7.b Consideration Of Time Extension 23-001 For Conditional Use Permit 21-001 And Lot
Merger 21-001; One Year Time Extension In Accordance With The Arroyo Grande
Municipal Code; Location – 700 Oak Park Blvd; Applicant – Housing Authority of San Luis
Obispo
(PEREZ)
Recommended Action:
It is recommended that the Planning Commission adopt a Resolution approving Time
Extension 23-001.
8.PUBLIC HEARINGS
8.a Consideration of Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding a
Safe Parking Ordinance; Development Code Amendment 23-001; Location - Citywide
(PEREZ)
Recommended Action:
It is recommended that the Planning Commission continue the public hearing to a date
certain of May 16, 2023, to allow staff additional time to finalize the ordinance for the
Commission’s consideration. The project will be noticed again in advance of the May 16,
2023, public hearing.
9.NON-PUBLIC HEARING ITEMS
9.a Election of Chairperson and Vice Chairperson
(PEREZ)
Recommended Action:
It is recommended that the Planning Commission elect a Chairperson and a Vice
Chairperson to serve effective the second meeting May 2023, and continuing until its
second regular meeting in March 2024.
10.NOTICE OF ADMINISTRATIVE ITEMS SINCE FEBRUARY 21, 2023
Page 2 of 25
ITEM NO. 1: Plot Plan Review 23-004; Establishment of A Restaurant Business (Wingstop) in an
Existing Commercial Tenant Space; Location – 1144 West Branch Street; Applicant – Heidi Miller,
Acute Consulting, Inc.
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a restaurant
business in the Regional Commercial (RC) zoning district. The deadline to appeal this project is at
5:00 pm on May 3, 2023.
ITEM NO. 2: Viewshed Review 23-001; Construction of a Second Story Addition; Location – 1255
Sage Street; Applicant – Erin Wiggin
After making the findings specified in Section 16.16.110 of the Municipal Code, the Community
Development Director approved the above referenced project for the construction of a second story
addition in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on
May 3, 2023.
ITEM NO. 3: Temporary Use Permit 22-017; Vairfest June 24, 2023 From 7:00AM to 4:00PM;
Location – Heritage Square Park; Applicant – Vince Petrie, Central Coast Corsa
After making the findings specified in Section 16.16.090 of the Municipal Code, the Community
Development Director approved the above referenced project for a one-day car show event at
Heritage Square Park. The deadline to appeal this project is at 5:00 pm on May 3, 2023.
ITEM NO. 4: Architectural Review 23-003; Construction of a New 2,943 Single Family Residence
and Attached 1,016 Square Foot Three-Car Garage; Location –759 Castillo del Mar; Applicant –
Steven and Karen Grote; Representative – Mike Shick, M.E. Designs
After making the findings specified in Section 16.16.130 of the Municipal Code, the Community
Development Director approved the above referenced project for the construction of a new single
family home and attached three-car garage. The deadline to appeal this project is at 5:00 pm on May
3, 2023.
11.COMMISSION COMMUNICATIONS
Correspondence/Comments as presented by the Planning Commission.
12.STAFF COMMUNICATIONS
Correspondence/Comments as presented by the Community Development Director.
13.ADJOURNMENT
All staff reports or other written documentation, including any supplemental material distributed to a
majority of the Planning Commission within 72 hours of a regular meeting, relating to each item of
business on the agenda are available for public inspection during regular business hours in the City
Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by the Americans
Page 3 of 25
with Disabilities Act. To make a request for disability-related modification or accommodation, contact
the Legislative and Information Services Department at 805-473-5400 as soon as possible and at
least 48 hours prior to the meeting date.
This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda
reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you
would like to subscribe to receive email or text message notifications when agendas are posted, you
can sign up online through the “Notify Me” feature.
Planning Commission Meetings are cablecast live and videotaped for replay on Arroyo Grande’s
Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org.
Page 4 of 25
1
ACTION MINUTES
MEETING OF THE PLANNING COMMISSION
February 21, 2023, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
215 East Branch Street, Arroyo Grande
Commission Members Present: Vice Chair Jamie Maraviglia, Catherine
Sackrison, Kevin Buchanan, Bruce Berlin,
Virginia Roof
Staff Present: Associate Planner Andrew Perez, Assistant
Planner Patrick Holub, Community
Development Director Brian Pedrotti, Kendra
Reynolds, Sarah Lansburgh, Jessica Matson,
Shayna Gropen
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with
Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1.CALL TO ORDER
Vice Chair Maraviglia called the Planning Commission meeting to order at 6:00pm.
2.ROLL CALL
Associate Planner Holub performed the roll call.
3.FLAG SALUTE
Vice Chair Maraviglia
4.AGENDA REVIEW
None.
5.COMMUNITY COMMENTS AND SUGGESTIONS
Vice Chair Maraviglia opened the public comment period. Hearing no public comment, Vice Chair
Maraviglia closed the public comment period,
6.WRITTEN COMMUNICATIONS
None.
7.CONSENT AGENDA
ATTACHMENT 1
Page 5 of 25
2
7.a Approval of Minutes
(HOLUB)
Moved by Catherine Sackrison
Seconded by Bruce Berlin
Approve the Minutes of the February 7, 2023 Meeting
Passed
8. PUBLIC HEARINGS
None.
9. NON-PUBLIC HEARING ITEMS
9.a 2022 General Plan Annual Progress Report
(PEREZ)
Planning Manager Perez presented the staff report and responded to Commissioner questions
regarding: how to address the lack of permitted or constructed very low income units; the
income requirements for each of the low income categories; deed restrictions; construction
activity during the pandemic; RHNA numbers; and housing programs.
Vice Chair Maraviglia opened the public comment period. Hearing no public comment, Vice
Chair Maraviglia closed the public comment period.
Moved by Vice Chair Maraviglia
Seconded by Kevin Buchanan
Receive and file the 2022 General Plan Annual Report (the “Annual Report” or “Report”) for final
acceptance by the City Council.
Passed
10. NOTICE OF ADMINISTRATIVE ITEMS SINCE FEBUARY 7, 2023
None.
11. COMMISSION COMMUNICATIONS
Vice Chair Maraviglia thanked City staff for letting the Commissioners know about Planning
Commissioner training.
12. STAFF COMMUNICATIONS
None.
13. ADJOURNMENT
The Meeting adjourned at 6:56pm.
Page 6 of 25
3
_________________________
Jamie Maraviglia, Vice Chair
_________________________
Patrick Holub, Associate Planner
Page 7 of 25
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration Of Time Extension 23-001 For Conditional Use Permit
21-001 And Lot Merger 21-001; One Year Time Extension In
Accordance With The Arroyo Grande Municipal Code; Location – 700
Oak Park Blvd; Applicant – Housing Authority of San Luis Obispo (HA
DATE: May 2, 2023
SUMMARY OF ACTION:
Approval of Time Extension 23-001 to extend the approval of Conditional Use Permit 21-
001 and Lot Merger 21-001 would allow an additional twelve (12) months for the
developer to obtain building permits to construct a new mixed-use development
consisting of 63 affordable apartments and 1,178 square feet of commercial space at 700
Oak Park Blvd. Approval of the time extension application would extend the expiration of
the approval to May 18, 2024.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution approving Time
Extension 23-001.
BACKGROUND:
On May 18, 2021, the Planning Commission adopted Resolution 21-2345 for a mixed-
use project consisting of 63 affordable multi-family residential units, a 1,342 square-foot
community room, and 1,178 square feet of commercial space. The applicant has been
working toward obtaining permits for the construction of the approved development, but
has found it necessary to request an extension of the approval to allow adequate time to
address plan check corrections on the building permit application and secure construction
funding. Therefore, the applicant submitted a time extension request to extend the
entitlement’s approval for one year, which is due to expire on May 18, 2023.
Page 8 of 25
Planning Commission
Consideration Of Time Extension 23-001 For Conditional Use Permit 21-001 And Lot
Merger 21-001; One Year Time Extension In Accordance With The Arroyo Grande
Municipal Code; Location – 700 Oak Park Blvd; Applicant – Housing Authority of San Luis
Obispo (HA
May 2, 2023
Page 2
ANALYSIS OF ISSUES:
Municipal Code Subsection 16.12.140.C allows the Planning Commission to grant a
project up to three (3) one-year time extensions, only if it is found that there have been
no significant changes in the General Plan, Municipal Code, or character of the area within
which the project is located that would cause the approved project to be injurious to the
public health, safety, or welfare. No such changes have been identified that would cause
the proposed project to be injurious to the public health, safety, or welfare.
If approved, the one-year time extension would extend the expiration date of the project
to May 18, 2024. Following approval of this extension, the applicant would be eligible to
apply for two (2) additional one-year time extensions, in accordance with the provisions
of the Municipal Code.
ALTERNATIVES:
The following alternatives are provided for the Commission’s consideration:
1. Adopt the attached Resolution approving Time Extension 23-001;
2. Modify and adopt the attached Resolution approving Time Extension 23-001;
3. Do not adopt the attached Resolution, provide specific findings and direct staff to
return with a Resolution denying the time extension; or
4. Provide direction to staff.
ADVANTAGES:
Approving the requested time extension will maintain the viability of an approved project
that will provide much needed affordable housing units and will allow the applicant to
continue to work toward obtaining building permits to construct the project.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
Review of Conditional Use Permit 21-001 and Lot Merger 21-001 for compliance with the
California Environmental Quality Act (CEQA) determined that the project was
categorically exempt from environmental review pursuant to Section 15332 of the CEQA
Guidelines regarding infill development in urban areas. The granting of a time extension
is not anticipated to have any effect on that determination.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Page 9 of 25
Planning Commission
Consideration Of Time Extension 23-001 For Conditional Use Permit 21-001 And Lot
Merger 21-001; One Year Time Extension In Accordance With The Arroyo Grande
Municipal Code; Location – 700 Oak Park Blvd; Applicant – Housing Authority of San Luis
Obispo (HA
May 2, 2023
Page 3
Attachments:
1. Resolution
Page 10 of 25
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING A ONE-YEAR
TIME EXTENSION FOR CONDITIONAL USE PERMIT 21-001
AND LOT MERGER 21-001 (TIME EXTENSION 23-001);
APPLIED FOR BY THE HOUSING AUTHORITY OF SAN
LUIS OBISPO; LOCATED AT 700 OAK PARK BLVD.
WHEREAS, the Planning Commission adopted Resolution No. 21-2345 approving
Conditional Use Permit 21-001 and Lot Merger 21-001 for the construction of a mixed-use
development consisting of 63 multi-family dwelling units and a 1,178 square-foot commercial
suite (the “Project”)
WHEREAS, the effective date of the decision was May 18, 2021; and
WHEREAS, the approval remained valid for two (2) years from the effective date of decision;
and
WHEREAS, an application for Time Extension 23-001 was submitted to extend the
expiration date of the Project by one (1) year; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered the
request for Time Extension 23-001 on May 2, 2023; and
WHEREAS, the Planning Commission reviewed Conditional Use Permit 21-001 and Lot
Merger 21-001 for compliance with the California Environmental Quality Act (CEQA), the
State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation
of CEQA, and adopted a Notice of Exemption; and
WHEREAS, the Notice of Exemption also applies to the application for a time extension;
and
WHEREAS, the Planning Commission finds, after due study and deliberation, the following
circumstances exist:
1. There have been no significant changes in the General Plan, Municipal Code or
character of the area within which the project is located that would cause the
approved project to be injurious to the public health, safety or welfare.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby approves Time Extension 23-001 for the first of three (3) available one-year
extensions, subject to the above findings and the conditions as set forth in Exhibit "A”
attached hereto and incorporated herein by this reference. Conditional Use Permit 21-001
and Lot Merger 21-001 shall now expire on May 18, 2024.
Page 11 of 25
RESOLUTION NO.
PAGE 2
On motion by Commissioner _________, seconded by Commissioner _________ and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 2nd day of May 2023.
Page 12 of 25
RESOLUTION NO.
PAGE 3
_______________________________________
JAMIE MARAVIGLIA, VICE CHAIR
ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
APPROVED AS TO CONTENT:
______________________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Page 13 of 25
RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
TIME EXTENSION NO. 23-001 FOR
CONDITIONAL USE PERMIT 21-001 AND LOT MERGER 21-001
700 OAK PARK BLVD
This approval authorizes a one (1) year time extension for Conditional Use Permit 21-001
and Lot Merger 21-001, which was originally approved by the Planning Commission on
May 18, 2021.
GENERAL CONDITIONS:
1. The developer shall ascertain and comply with all Federal, State, County and City
requirements that are applicable to this project.
2. Conditional Use Permit 21-001 and Lot Merger 21-001 shall expire on May 18,
2024, unless a building permit is issued prior to this date.
3. The developer shall comply with all conditions of approval for Conditional Use
Permit 21-001 and Lot Merger 21-001.
Page 14 of 25
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration of Amendments to Title 16 of the Arroyo Grande
Municipal Code Regarding a Safe Parking Ordinance; Development
Code Amendment 23-001; Location - Citywide
DATE: May 2, 2023
RECOMMENDATION:
It is recommended that the Planning Commission continue the public hearing to a date
certain of May 16, 2023, to allow staff additional time to finalize the ordinance for the
Commission’s consideration. The project will be noticed again in advance of the May 1 6,
2023, public hearing.
Page 15 of 25
MEMORANDUM
TO: Planning Commission
FROM: Andrew Perez, Planning Manager
SUBJECT: Election of Chairperson and Vice Chairperson
DATE: May 2, 2023
SUMMARY OF ACTION:
Annual appointment of a Chairperson and Vice Chairperson to serve for the next one -
year period.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
It is recommended that the Planning Commission elect a Chairperson and a Vice
Chairperson to serve effective the second meeting May 202 3, and continuing until its
second regular meeting in March 2024.
BACKGROUND:
City Council Resolution No. 09-2077 established by-laws that govern the Planning
Commission organization and the conduct of its meetings. The by-laws state that at the
second regular meeting in March, the members of the Planning Commission shall elect a
Chairperson and Vice Chairperson, who shall hold office for one (1) year. The
Chairperson and Vice Chairperson shall carry out the duties for those positions as
described in the by-laws (Attachment 1).
For the Commission’s reference, an election protocol is outlined below. This is a
suggested procedure and the Commission can vary from it in whatever manner is deemed
appropriate, with the goal of having an orderly process to select the Chairperson and Vice
Chairperson.
1. The Presiding Officer shall conduct the election of Commission Officers.
2. Call to select all nominations for Chairperson (no second necessary). Presiding
Officer to repeat each nomination as it is made.
3. Call for motion to close nominations.
Page 16 of 25
Planning Commission
Election of Chairperson and Vice Chairperson
May 2, 2023
Page 2
4. The Commission will vote, beginning with the first nominee, until a nominee
receives a majority of votes and a Chairperson is selected.
5. Call to select all nominations for Vice Chairperson (no second necessary).
Presiding Officer to repeat each nomination as it is made.
6. Call for motion to close nominations.
The Commission will vote, beginning with the first nominee, until a nominee receives a
majority of votes and a Vice Chairperson is selected.
ADVANTAGES:
The current process provides an orderly and fair procedure for electing a Chairperson
and Vice Chairperson.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Resolution 09-2077: Planning Commission By-Laws
Page 17 of 25
I
I
I
RESOLUTION NO. 09-2077
A RESOLUTION OF THE CITY OF ARROYO GRANDE
PLANNING COMMISSION AMENDING THE BY-LAWS
SECTION I
WHEREAS. the City Council of the City of Arroyo Grande, pursuant to Sections 65000
through 65906 of the Government Code, appointed the Planning Commission and
provided the powers and duties as outlined in Title 9, Chapter 1, Section 110 of the
Municipal Code; and
SECTION II
NOW, THEREFORE, the Planning Commission of the City of Arroyo Grande resolves
that the following amended By-laws are hereby adopted, governing the organization of
the Planning Commission and the conduct of Planning Commission meetings:
A.
B.
BY-LAWS
Attendance of Members:
Absence from three (3) consecutive regular meetings or 25% of the regular
meetings during any one-year period, without formal consent of the City Council
may be deemed to constitute the resignation of such member and the position
declared vacant.
Officers:
1. Selection
a. At its second regular meeting in March the members of the Planning
Commission (hereinafter the "Commission") shall elect a Chair and a
Vice-chair, who shall hold office for one year. Their duties shall be
such as are usually carried out by such officers.
2. Duties
a. Chair
The Chair shall:
1)
2)
3)
4)
Preside at all meetings;
Call special meetings except as provided in C.2.a.;
Appoint persons to all committees subject to confirmation by
the Commission;
Execute documents on behalf of the Commission;
Revised 02-03-09 1 of 7
ATTACHMENT 1
Item 9.b - Page 3Page 18 of 25
RESOLUTION 09-2077
PLANNING COMMISSION BY-LAWS
PAGE2
5) Ensure that all Commission business is conducted in
accordance with law;
6) Assist staff in determining agenda items: and
7) Perform such other duties as are assigned by the
Commission.
b. Vice-Chair
The Vice-Chair shall:
1) Preside at meetings in the absence of the Chair; and
2) Perform such other duties as are assigned by the Chair or
Commission.
c. Secretary to the Commission
The Secretary to the Commission shall:
1) Keep permanent and complete records of the proceedings of
the Commission;
2)
3)
Join with the Chair in executing all instruments of writing
requiring formal execution on the part of the Commission:
Post Commission agendas in the manner required by law.
d. Secretary to the Commission
C. Meetings:
The Secretary to the Commission may be designated by the
Community Development Director to fulfill such duties as assigned
by the Commission.
1. Regular Meetings
a. The regular meetings of the Commission shall be held on the first
and third Tuesday of each month at 6:00 p.m. in the City Council
Chambers, Arroyo Grande, California.
b. A motion will be required to continue discussion of agenda items
after 10:00 p.m.
2. Special Meetings
a.
Revised 02-03-09
A special meeting may be called by the Chair or by the Secretary to
the Commission at the written request of at least three members;
provided that written notice of such special meeting so called shall
be received by each member of the Commission at least 24 hours in
advance of the time fixed for the meeting, and which notice shall
2
I
I
I
Item 9.b - Page 4Page 19 of 25
I
I
I
RESOLUTION 09-2077
PLANNING COMMISSION BY-LAWS
PAGE 3
b.
contain the time, the place, and shall set out the business to be
transacted. Notice may be dispensed with by written waiver of each
member.
The Secretary of the Commission shall notify the public and the
press of all special meetings of the Commission, pursuant to the
Brown Act.
3. Adjournment
The Commission may at any meeting adjourn over to the next regular
meeting by a majority vote, or, may recess to a stated time, date and place
for continuance of the meeting.
The Commission may, by Resolution, amend these By-laws and designate
a different day, time or place on which to hold regular meetings; notice of
such change of regular meetings must be posted on the door of the present
hearing place and given to each local newspaper of general circulation,
radio or television station requesting written notice at least 5 days prior to
the next meeting.
D. Quorum:
1. Three members of the Commission shall constitute a quorum for the
transaction of Commission business.
2. Should there not be a quorum present, the members present may adjourn
to a later date, or adjourn to a Workshop/Study Session.
3. In the absence of both the Chair and Vice-Chair at any meeting, but a
quorum existing, a chair shall be selected Pro Tern by the Commissioners
present and the business transacted as though the regular officers were
present.
4. If an item is continued for more than two consecutive Commission meetings
due to a lack of a quorum, it may be referred to the City Council by the
Chair.
E. Committees:
F.
1. Special committees for particular purposes may be created by the presiding
officer with consent of the Commission.
Voting:
1. The Chair of the Commission, or presiding officer if another Commissioner
presides, shall be entitled to vote with the other Commissioners in the
transaction of any business and in all matters coming before the Commission.
Revised 02-03-09 3
Item 9.b - Page 5Page 20 of 25
RESOLUTION 09-2077
PLANNING COMMISSION BY-LAWS
PAGE4
2. Commission action for adoption or amendment to the General Plan,
Development Code, Specific Plan, and Planned Development (PD)
Ordinance projects shall require the affirmative vote of at least three
members.
3. The affirmative vote of a majority of the Commission present shall be
required for the approval of all other Commission business.
4. One member may demand a roll call of the ayes and noes on any question.
5. When a member of the Commission abstains from voting on any matter
before it because of a potential conflict of interest, said abstention shall not
constitute nor be considered as either a vote in favor of or opposition to the
matter being considered.
6. The order of voting shall be that the motion maker shall vote first, the
Commissioner seconding the motion shall vote second, the remaining
Commissioners alphabetical with the Chair always voting last.
7. The minutes of the Commission's proceeding shall show the vote of each
member for roll call votes, including if they were absent or abstained to vote
on a matter considered.
8. A member shall disqualify himself/herself from voting in accordance with the
Conflict of Interest Law. When a person disqualifies himself/herself, he/she
shall state prior to the consideration of such matter by the Commission that
he/she is disqualifying himself/herself due to a possible conflict of interest,
state the general nature of the conflict of interest, and shall then leave the
voting area.
G. Minutes:
All motions. orders, and resolutions, and such other matters as the Commission
orders shall be entered into the minutes.
H. Conduct of Meetings:
All business of the Commission shall be conducted according to "Robert's Rules of
Order."
I. Resolutions:
J.
Resolutions shall be numbered consecutively and must be signed by the Chair and
Secretary to the Commission and shall be kept in a resolution file, and may be
referred to by number.
Order of Meetings:
1. Unless the Chair directs, the order of business shall be as follows:
Revised 02-03-09 4
I
I
I
Item 9.b - Page 6Page 21 of 25
I
I
I
RESOLUTION 09-2077
PLANNING COMMISSION BY-LAWS
PAGES
a. The Chair shall take the chair precisely at the time appointed for the
meeting and shall immediately call the Commission to order.
b. Members present and absent shall be recorded.
c. The minutes of any preceding meeting shall be submitted for
approval.
d. Any member of the audience may comment on any matter that is not
listed on the agenda. A time limit of 3 minutes may be imposed on
each individual speaker if the Chair so directs.
e. The public shall be advised of the procedures to be followed in the
meeting.
f. The Commission shall then hear and act upon those items outlined
on the agenda.
g. Agenda Item for Approved Minor Use Permits: All approved Minor
Use Permits listed on the Agenda for Commission and Public
Information shall be subject to a 10-day appeal period.
h. Planning Commission/Community Development Director Comments
and Items.
i. Adjournment
K. Presentation or Hearing of Proposals:
The following shall be the order of procedure for public hearings or other proposals
concerning City matters, unless the Chair in his/her discretion shall otherwise
direct
1. The Chair shall announce the item listed on the agenda.
2. If a request is made for continuance, a motion may be made and voted
upon to continue the item to a definite time and date, or continue
indefinitely. If a previously advertised public hearing item is continued
indefinitely, the item must be legally re-advertised.
3. The staff shall be asked to present the substance of the agenda item, staff
report, recommendation, and answer technical questions of the
Commission.
4. Order of Testimony:
Revised 02-03-09 5 Item 9.b - Page 7Page 22 of 25
RESOLUTION 09-2077
PLANNING COMMISSION BY-LAWS
PAGE6
a. Applicant's statement
b. Statements from the public
c. If determined by the Chair to be necessary, a rebuttal from the
applicant
d. Public hearing closed
e. The Commission shall then deliberate and either take action on the
matter or continue the matter to another date and time certain, or
indefinitely.
L. Rules of Testimony:
1. Persons presenting testimony to the Commission are requested to give their
name and address for the record. They may also be requested to
voluntarily sign the attendance sheet.
2. If there are numerous people in the audience who wish to participate on an
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
have the opportunity of speaking for a reasonable length of time and of
presenting a complete case.
3. To avoid unnecessary cumulative evidence, the Chair may limit the
individual and/or total amount of time allocated for public testimony on a
particular issue.
4. Irrelevant and off-the-subject comments will be ruled out of order.
5. The Chair will not permit personal remarks regarding the staff or individual
Commissioners during a public hearing. Complaints should be submitted in
writing or presented verbally as a separate item on the agenda.
6. No person shall address the Commission without first securing the
permission of the Chair to do so.
M. Review and Amendments Procedure:
1. These By-laws may be reviewed at the second meeting in July of each year
by a subcommittee with members appointed by the Chair with the consent
of the Commission. The review subcommittee shall present their
recommendation for amending or not amending these Rules to the
Commission.
Revised 02-03-09 6
I
I
I
Item 9.b - Page 8Page 23 of 25
I
I
RESOLUTION 09-2077
PLANNING COMMISSION BY-LAWS
PAGE7
2. In addition, the By-laws may be amended at any meeting of the Planning
Commission by a majority (3 affirmative votes) of the Commission provided
that notice of the proposed amendment is received by each Commissioner
not less than five (5) days prior to said meeting.
BE IT FURTHER RESOLVED that the Community Development Director shall furnish
copies of this Resolution to the Planning Commission and copies of these By-laws shall
be available for public inspection at City Hall.
On motion by Commissioner Keen, seconded by Commissioner Ruth, and by the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
Commissioners Keen, Ruth and Chair Ray
Commissioners Barneich and Brown
None
the foregoing Resolution was passed and adopted this 3rd day of February 2009 and
becomes effective immediately.
LYN REARDON-SMITH
SECRETARY TO THE COMMISSION
AS TO CONTENT:
ROB STRONG --
COMMUNITY DEVEL
Revised 02-03-09
ENT DIRECTOR
7
Item 9.b - Page 9Page 24 of 25
Item 9.b - Page 10
Page 25 of 25