HomeMy WebLinkAbout03 PC REPORT TRAINING POLICIES_PROCEDURES DocuSign Envelope ID: 1 FE6630B-817A-4E1 B-9A86-149AF353A8F6
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AGENDA REPORT
ITEM #3
1W
MEETING DATE: JANUARY 11 , 2022
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: TRAINING - PLANNING COMMISSION POLICIES AND PROCEDURES
OVERVIEW:
An overview of the Planning Commission Policies and Procedures will be provided
during this training. The Planning Commission makes local land use decisions based
on the City's long-range vision for the City as established in the Tustin General Plan.
The Planning Commission plays a central role in the planning process, within the City,
in three (3) important ways:
1 . Ensures that the General Plan is implemented through the review and
consideration of development applications;
2. Functions as the decision-making body for land use applications, including
housing and project applications for new construction, remodels or land use
permits; and
3. Acts as an advisory board to the City Council on projects related to planning,
development and historic preservation.
The Planning Commission Policies and Procedures (Attachment A) contribute to the
effective operation of the Planning Commission, ensure that associated public meetings
are conducted consistently in accordance with adopted Policies and Procedures, and
that the actions of the Planning Commission comply with State law.
The Planning Commission Policies and Procedures include seven (7) sections:
Section 1 —Administration
Section 2 — Conduct of Meetings and Operation of the Commission
Section 3 — Meetings
Section 4 — Order of Meeting Business
Section 5 — Policies and Procedures for Public Hearings
Section 6 — Policies and Procedures for Regular Business
Section 7 — Motions and Voting
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Planning Commission Policies and Procedures
January 11, 2022
Page 2
With the purpose of providing continuity of various practices relating to the City's
Planning Commission, these policies and procedures continue to serve as a guide to
the Commission.
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Irma Huitron Justina L. Willkom
Assistant Community Development Director Community Development Director
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Adrianne DiLeva
Management Analyst I I
Attachment:
A. Planning Commission Resolution No. 4284
Exhibit A - Planning Commission Policies and Procedures
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RESOLUTION NO. 4284
A RESOLUTION OF THE TUSTIN PLANNING
COMMISSION, ESTABLISHING PLANNING COMMISSION
POLICIES AND PROCEDURES
I. The Planning Commission of the City of Tustin finds and determines as follows:
A. That Article 1 , Chapter 5, Part 1 of the Tustin City Code established the
Planning Commission of the City of Tustin ("Planning Commission"),
providing its authority, membership, appointment, terms of office, and
compensation;
B. That the establishment of standards further defining the roles,
responsibilities, and expectations for the Planning Commission and
providing a framework for the organization and conduct of public meetings
will contribute to the effective operation of the Planning Commission;
C. That the Planning Commission desires to establish Policies and Procedures
for the Planning Commission;
D. That the Planning Commission held a public meeting on April 13, 2021 to
consider the Planning Commission Policies and Procedures.
II. That the Planning Commission hereby adopts the Planning Commission Policies
and Procedures, attached hereto as Exhibit A.
III. That the Planning Commission authorizes the Community Development Director to
make minor revisions, clarifications, and non-substantive amendments to the
Policies and Procedures from time to time as necessary.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held
on the 13th day of April, 2021.
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AMY MASON
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JUSTINA L. WILLKOM
Planning Commission Secretary
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Resolution No. 4284
Planning Commission Policies and Procedures
Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 4284
I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4284 was duly
passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
13th day of April 2021 .
PLANNING COMMISSIONER AYES: Chu, Jha, Kozak, Mason (4)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
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JUSTINA L. WILLKOM
Planning Commission Secretary
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EXHIBIT A:
PLANNING COMMISSION POLICIES AND PROCEDURES
Purpose
To contribute to the effective operation of the Planning Commission, and to
ensure that associated public meetings are conducted consistently in
accordance with adopted Policies and Procedures, and that the actions of the
Planning Commission comply with State law.
Section 1. Administration
A. Membership, Appointment and Terms. Pursuant to Sections 1512 and 1513 of the
Tustin City Code, the Planning Commission shall consist of five (5) members who shall
be both residents and registered voters of the City during all times they hold office.
All members of the Planning Commission are appointed by the City Council for four-
year terms of office. For all terms that commence after January 1, 2017, no person
shall be eligible to serve more than two (2) consecutive four-year terms on the
Planning Commission. A term of office that commenced prior to January 1, 2017, shall
not be counted when determining the number of consecutive terms a Commissioner
has served.
All members of the Commission shall serve until their respective successors are
appointed and qualified. All members of the Planning Commission serve at the
pleasure of the City Council and may be removed upon motion by the City Council
adopted by at least three (3) affirmative votes. A member of the Planning Commission
shall automatically be deemed removed from office upon certification of election of that
member to the City Council as provided in Section 1305b of the Tustin City Code.
B. Officers. The officers and the duties of the Planning Commission are as follows:
1. Chairperson:
a) To preside at meetings of the Planning Commission;
b) To maintain order and decorum at all meetings of the Planning
Commission;
C) To sign resolutions and documents approved by the Planning
Commission at meetings when he or she is in attendance;
d) To act as a liaison between the Planning Commission and City
staff; and
e) To serve and/or appoint Planning Commission members to serve
on standing or ad hoc subcommittees of less than a quorum of the
Commission, or other City committees, advisory groups, and task
forces, as needed.
2. Chairperson Pro Tem: During the absence, disability, or abstention of the
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Chairperson, or upon the request of the Chairperson, the Chairperson Pro Tem
shall exercise all the duties and be subject to all the responsibilities of the
Chairperson. The Chairperson Pro Tem shall also maintain any other
responsibilities that are assigned to him/her by the Chairperson.
3. Temporary Chairperson. If both the Chairperson and Chairperson Pro Tem are
absent from a meeting, the Planning Commission shall, by a majority vote of
those present, elect a temporary Chairperson to serve until the arrival of the
Chairperson or Vice-Chairperson or until adjournment of that meeting.
4. Duties. The duties of all Planning Commissioners include, without limitation:
a) Prepare, periodically review, and recommend revisions to the City
of Tustin General Plan, as necessary;
b) Review and recommend land use regulations through the
administration of specific plans and zoning ordinances;
C) Act on variances, conditional use permits, and design review
applications;
d) Review and act on subdivisions;
e) Hear appeals from administrative decisions of the Community
Development Director;
f) Conduct public meetings and hearings; and,
g) Other duties as authorized by State law or City ordinance or
resolution.
C. Secretary. The Secretary to the Commission shall be the Community Development
Director, or his/her designee. In the absence of the Secretary from any meeting, a
temporary Secretary shall be designated by the Secretary. The Secretary shall have no
voting privileges.
The Secretary shall:
1. Keep a record of all meetings of the Commission, and of its committees. Such
record shall be kept in the Office of the City Clerk;
2. Prepare meeting agendas;
3. Coordinate and distribute meeting materials, including written comments
received from the public;
4. Prepare reports and gather materials as may be necessary for the Planning
Commission to conduct its business, and as requested by the Planning
Commission; and,
5. Prepare an action memorandum transmitting the actions taken by the Planning
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Commission after each meeting.
D. Legal Counsel. The City Attorney, or a designated representative, shall be the legal
counsel for the Planning Commission, and of its subcommittees.
E. Reorganization. The Planning Commission reorganizes approximately in April of each
year by appointing a Chairperson and Chairperson Pro Tem. In reorganizing and
appointing a Chairperson and Chairperson Pro Tem, the presiding Chairperson should
undertake the following actions:
1. Prior to Roll Call during a regularly scheduled Planning Commission meeting,
the presiding Chairperson should open nominations for a Chairperson.
2. The presiding Chairperson should then close nominations and call for a vote for
a Chairperson.
3. The newly appointed Chairperson will open nominations for Chairperson Pro
Tem. Nominations should be closed, and the Chairperson should call for a vote
for the Chairperson Pro Tem.
Section 2. Conduct of Meetings and Operation of the Commission
A. The Chairperson has broad authority over all matters regarding the conduct of
meetings. He or she shall ensure that meetings proceed in a fashion conducive to
deliberative decision-making. The Chairperson must be familiar with the Commission's
procedures and with the agenda items to be discussed. The Chairperson sets the tone
of the hearing, keeps the discussion on track, encourages fairness, moderates and
contributes to discussions, and helps direct testimony to the issues at hand.
As a general protocol, the Chairperson of the meeting should:
1. Introduce the agenda topic;
2.Request a staff presentation and take questions from the Commission on the
staff presentation;
3.Open the Public Hearing (as applicable) and receive public comments;
4.Facilitate a discussion among the Commission members;
5.On non-public hearings items, the Chairperson may allow comments from the
audience as appropriate followed by a discussion by the Commission on that
particular agenda item.
Public comments may be subject to the limitation noted in Section 5(A)(2)(b).
The Chairperson should generally allow each Commissioner to offer a comment prior
to casting their vote. When Commissioners disagree, the Chairperson should assist
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the Commissioners in expressing their various concerns/opinions. The Chairperson
should ensure that all Commission members have an opportunity to speak. The
Chairperson should also facilitate the discussion to ensure that meeting is conducted
in a timely manner, and to ensure the discussion remains relevant on the agendized
item. The Chairperson should summarize the recommendation or direction from the
Commission as appropriate.
B. The Chairperson is responsible for maintaining order and decorum of the public during
meetings. Each person addressing the Planning Commission shall do so in an orderly
manner and shall not engage in any conduct that disrupts, disturbs, or otherwise
impedes the orderly conduct of the Planning Commission meeting, which may include,
but is not limited to the following:
1. Speaking without being recognized by the Chairperson;
2. Continuing to speak after the allotted time has expired;
3. Speaking on an item at a time not designated for discussion by the public on
that item;
4. Throwing objects;
5. Speaking on an issue that is not within the subject matter jurisdiction of the
Planning Commission;
6. Attempting to engage the audience rather than the Planning Commission;
and/or
7. Refusing to modify conduct after being advised by the Chairperson or law
enforcement that the disorderly behavior is actually disrupting, disturbing, or
otherwise impeding the meeting, or disobeying any other lawful order of the
Chairperson, law enforcement, or a majority of the Planning Commission.
Whenever practicable, the Chairperson, law enforcement, or a majority of the Planning
Commission shall give a warning to the person who is breaching the rules of conduct
to immediately cease such disruptive behavior. Such a warning should articulate the
rule of conduct being violated and the manner in which the person must comply.
A warning shall not be necessary when it would not be effective under the
circumstances, including when, but not limited to, the disturbance is such that the
warning cannot be heard above the noise, or the conduct of the person or persons
constitutes an immediate threat to public safety, such as throwing of objects or specific
threats of harm and the apparent, present ability to carry out such threats. A warning
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shall also not be necessary when an individual violates the rules of conduct more than
once during a single Planning Commission meeting.
A person who engages in disorderly behavior shall be ejected and barred from the
remainder of that public meeting and directed to leave by the Chairperson, law
enforcement, or a majority of the Planning Commission when that person: (i) continues
the disorderly behavior after receiving a warning; or (ii) engages in disorderly behavior
and no warning is necessary under the circumstances described above.
The Chairperson may call for a recess and/or may choose to continue the meeting to
allow for the removal of the person(s) causing the disturbance by a law enforcement
officer.
C. The Planning Commission may make recommendations to the City Council, City
Manager's Office, City Staff, and other City boards and commissions as appropriate.
The Planning Commission's recommendations are transmitted to the City Council via a
Staff report, resolution, or by minute order.
D. The Planning Commission shall act as a body. An individual member, when
representing the Commission, may speak or act for the Commission in accordance
with the recommendation or direction taken by the Commission. The Chairperson or
Chairperson's designee shall serve as the official spokesperson of the Commission.
Individual Commission members may speak as an individual, clearly specifying they
are speaking as an individual articulating their own views and concerns (e.g. I am
speaking as an individual, not representing the Planning Commission).
E. Commission members shall exercise their duties and responsibilities with integrity,
respect, and care. Members should establish a high priority to attend all meetings and
to come prepared to contribute to the discussion of issues and business to be
addressed. Members should respect the opinions of other members of the
Commission and be receptive to diverse viewpoints in Commission discussion. The
Commission should represent the City in a positive and supportive manner through
appearance, conduct, and attitude.
F. In those cases where items have been discussed at meetings and will be coming back
to the Commission for further action in the future, any Planning Commissioner who
was unable to attend the meeting should arrange to listen to/view the audio or video
recording of the meeting that they missed. In those cases where the Planning
Commissioner is unable to listen to the meeting recording in advance of the need to
take action at a subsequent meeting, they should abstain from discussion and voting
on that particular item. Failure to review the information that was presented at an
earlier meeting limits the ability of the Planning Commission in trying to make a
decision based on only a portion of information available at a subsequent meeting.
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G. In those cases where a Planning Commissioner receives information on agenda items
and feels there is a need for additional information, he or she should make that request
to Staff in advance of the meeting. Requesting information in advance of the meeting
provides Staff with time to attempt to develop the requested information, and to include
it in the Staff presentation to the Planning Commission. Any information provided in
writing, in response to a request from one Planning Commissioner, will be distributed
to all members of the Commission and will be made part of the public record.
Section 3. Meetings
A. Prior to Meeting. Each Commissioner shall be provided with an agenda package prior
to a regular meeting, special meeting, or workshop. It is each Commissioner's
responsibility to review each agenda item prior to the meeting, and request clarification
on the given materials, as necessary.
B. Regular Meetings. Pursuant to Tustin City Code Section 1515, the Planning
Commission shall hold its regular meetings on the second and fourth Tuesdays of
each month at 7:00 p.m. in the Tustin Council Chambers, except when such a day falls
on a legal holiday, in which event the Planning Commission shall meet at 7:00 p.m. on
the first weekday following which is not a legal holiday. Under certain extreme
circumstances (i.e. pandemic), meeting times may be changed by action taken by the
City Council and/or City Manager.
C. Special Meetings. The Planning Commission shall meet for special meetings at the call
of the Chairperson or a majority of the Planning Commission, or at the direction of City
Council or City Staff.
D. Workshops or Study Sessions. The purpose of workshops or study sessions is to allow
the Planning Commission to hear presentations on items prior to their presentation at a
public hearing. The Commission is allowed to ask questions and request more
information on such items in an effort to better prepare for the public hearing. The
Chair shall allow members of the public to speak during a workshop or study session.
E. Open Meeting Requirements and Notification. The Planning Commission shall be
subject to the open meeting provisions delineated within the Brown Act, including but
not limited to:
1. Posting and/or mailing the meeting agenda at least 72 hours prior to regular
meetings;
2. Holding all meetings within the jurisdiction, in a place accessible to all, with no
fee;
3. Allow non-disruptive recording and broadcast of meetings;
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4. Allow the public to address the Planning Commission on any item within the
Commission's jurisdiction; and,
5. Conduct only public deliberations and votes, with no secret ballots.
All special meetings shall be noticed by:
1. Delivering written notice personally by mail, fax, or by electronic mail at least 24
hours in advance to Planning Commission members.
2. Delivering written notice personally by mail, fax, or electronic mail at least 24
hours in advance to each local newspaper of general circulation, radio or
television station that has requested such notice in writing.
3. Specification of the time and place of the meeting and all the business to be
transacted.
F. Record. A record shall be made of all public hearing proceedings. This record may
contain video and/or audio recording by means of electronic equipment.
G. Minutes. The Secretary to the Planning Commission shall prepare minutes of each
meeting which shall include all pertinent information, motions, decisions made, and
actions and votes taken. Meeting minutes should be reviewed by the Planning
Commission and adopted into the record by a vote.
Section 4. Order of Meeting Business
A. Generally, the Planning Commission shall follow the following order of business at all
meetings:
1. Call the meeting to order;
2. Invocation / Pledge of Allegiance / Roll Call;
3. Presentations (if any);
4. Public Concerns from the audience on any topic that is not on the agenda but is
within the subject matter jurisdiction of the Planning Commission. Limit three (3)
minutes per speaker unless additional time is granted by the Chairperson;
5. Approval of items on the Consent Calendar;
6. Public Hearings;
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7. Regular Business;
8. Staff Comments
9. Commission Comments; and,
10.Adjournment.
Section 5. Policies and Procedures for Public Hearings
A. Presentation at the Public Hearing.
1. Order of the presentation:
a) Announce the item and what is to be discussed;
b) Staff presentation;
c) Commission questions of staff;
d) Open the public hearing;
e) Receive public testimony/comment;
f) Close the public hearing; and,
g) Commission discussion and deliberation.
2. Nature of the presentation:
a) Written Comments—Any person wishing to comment on an item before
the Planning Commission may do so by submitting his/her written
comments to the Community Development Department before the
hearing or to the Chairperson during the hearing. These comments will
become part of the official record and shall be considered by the
Planning Commission in its action.
b) Oral Comments — The Chairperson shall permit any person to make a
brief oral presentation at the hearing. Comments are limited to three (3)
minutes per speaker unless otherwise authorized by the Chairperson.
The speaker is advised, but not required, to provide his/her name for the
official record. The applicant or appellant for a hearing item shall be
provided the opportunity to speak first during oral comments and shall
have no more than ten (10) minutes to make their presentation to the
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Commission. The Chairperson maintains the discretion to extend the
speaking time, as warranted.
c) Evidence Received Outside of a Public Hearing — public hearings before
the Planning Commission frequently involve adjudicative decisions where
the Planning Commission is tasked with applying a fixed rule, standard,
or law to specific facts and a specific parcel of land. Examples of
adjudicative decisions include variances, conditional use permits, and
tentative subdivision and parcel maps. By contrast, public hearings
before the Planning Commission may also involve legislative acts, which
generally formulate a rule to be applied broadly, such as amendments to
the general plan or zoning ordinance. The fair hearing concept includes
the requirement that all evidence that serves as the basis of an
adjudicative decision must be in the record so that it is subject to rebuttal.
Hence, procedural problems can arise if Commissioners collect evidence
outside of the public hearing without disclosure at the hearing. For
example, Commissioners may find it desirable to visit the site that is the
subject of an application. So long as the Commissioner indicates on the
record that he/she has done so and describes what was seen, a site visit
will not affect the validity of the hearing. The Commissioner should avoid
speaking to applicants or other members of the public about a matter that
is the subject of an adjudicative decision. In the event that they do have
a conversation with a member of the public on such a matter, the
Commissioner should state on the record who they spoke with, and the
subject of the conversation. In this way the evidence obtained by the
individual Commissioner, outside of the hearing, will become part of the
record, and will be subject to rebuttal during the hearing.
3. Commission members may question a speaker on any matter related to his/her
comments.
4. All comments and questions shall be directed through the Chairperson.
B. Planning Commission Deliberation. After all speakers have been heard, the Planning
Commission shall close the public comment portion of the hearing, consider all the
information, and deliberate on the matter. The deliberation shall include:
1. The information submitted;
2. The written comments received;
3. Any presentation and discussion made at the hearing; and,
4. The staff report.
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The Chairperson (or any member of the Commission through the Chairperson) may
request the City Attorney (or his/her assistant) to provide legal assistance or opinion on
a particular matter. The City Attorney and/or assistant, may further advise the
Chairperson on matters of evidence and procedure which may arise.
C. Planning Commission Recommendation. After discussion and deliberation, the
Commission shall take action or make a recommendation to the City Council, by a
motion and approval of a majority of those members present, except as may otherwise
be required by applicable City ordinance or State law.
D. Continuance. The Planning Commission may continue the matter to a specific date or
to a date uncertain by an affirmative vote of a majority of the members present. If the
matter is set to a date certain, no additional public noticing will be required. If the
matter is set to a date uncertain, the item shall be noticed accordingly.
Section 6. Policies and Procedures for Regular Business
A. Regular business items shall proceed similarly to public hearing items, including the
components of: a presentation by City Staff; Commission questions/clarification of
Staff; receiving public comments; Commission deliberation; and, motion/voting.
B. Public comments shall be limited to three (3) minutes per speaker unless otherwise
authorized by the Chairperson. The applicant for a regular business item shall be
provided the opportunity to speak first during oral comments and shall have no more
than ten (10) minutes to make their presentation to the Commission. The Chairperson
maintains the discretion to extend the speaking time, as warranted.
Section 7. Motions and Voting
A. A motion to adopt or approve Staff recommendations or to approve the action under
consideration shall, unless otherwise noted, be deemed to include adoption of all
proposed findings and actions recommended in both the written Staff report on file for
the matter, and any additional information presented on the public record. Findings
must be reiterated by the Commission to support their vote or action on an item.
B. After deliberation of an item, any Commissioner may call for a motion to approve the
item. The motion must be seconded by a different Commissioner than the one who
formed the motion. If a motion is not seconded, the motion is lost and must be cast
differently.
C. A motion on the floor may be amended at any time before adoption or rejection. When
an amendment is suggested, the Commissioner who made the motion and the
Commissioner who seconded the motion will be given an opportunity by the
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Chairperson to accept the amendment. If the amendment is acceptable, the motion as
amended will be considered. If the amendment is not acceptable, the Commission
shall deliberate and either adopt the motion as amended, or act on the original motion.
D. A motion may be withdrawn by the maker at any time before adoption or rejection with
consent of the Commissioner who seconded the motion. A second to a motion may be
withdrawn by the Commissioner who seconded the motion at any time before adoption
or rejection of the motion. The motion will then be lost for lack of a second, and so
declared by the Chairperson unless seconded by another person.
E. After a motion has been seconded, any Commissioner may discuss or comment on
the motion. When no Commissioner wishes to discuss the motion further, the
Chairperson will call for a vote on the motion.
F. Each member present at a meeting shall cast one vote on the motion by voice call.
G. Three Commissioners shall constitute a quorum and an affirmative vote of a majority of
those Commissioners shall be required to carry a motion, unless a larger number of
votes is required by an applicable ordinance or other law. Lack of a quorum shall be
cause for cancellation of a regularly scheduled meeting.
H. Any tie vote shall constitute a denial of the motion and may be reconsidered by a
motion offered by any Commissioner who voted on the matter. If there is no action by
an affirmative vote, the result is denial.
I. Although it is the duty of every member to vote, a member may abstain. An abstention
shall not be counted as a vote for the purpose of determining whether there has been
an affirmative vote by a majority of the Commission. The abstention shall only be
counted to determine whether or not a quorum is present after the Commissioner
abstains.
J. No member of the Planning Commission may participate in any Planning Commission
decision in which the Commissioner has a disqualifying financial interest. There are
five types of financial interests that may result in disqualification: (1) investment in a
business entity, (2) interests in real property, including leaseholds; (3) sources of
income; (4) receipt of gifts; and (5) personal finances of the Commissioner, as well as
those of his/her immediate family. In the event of any such disqualifying financial
interest, the Commissioner must recuse him/herself from participation. This means the
Planning Commissioner may not discuss the matter with his/her colleagues, may not
participate in deliberations concerning the matter, must abstain from voting, and refrain
from any attempt to influence the decision on the matter. Any Planning Commissioner
who must recuse him/herself from the matter shall state their reason for recusal then
leave the room when the matter is presented. The minutes shall show that the member
was recused, and abstained from the vote. Planning Commissioners concerned about
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a potential conflict of interest are encouraged to contact the City Attorney in advance
of the public meeting where the item giving rise to the potential conflict of interest will
considered. Planning Commissioners are also encouraged to seek advice from the
Fair Political Practices Commission (FPPC) via email at advice agfppc.ca.gov or phone
at 866-ASK-FPPC (1-866-275-3772).