2022-15 Bylaws Planning CommissionRESOLUTION NO. PC 2022-15
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION TO
AMEND THE 2019 PLANNING COMMISSION BYLAWS
WHEREAS, the City’s adopted Policy No. C003, Policies and Protocols for City Council
Meetings (Council Meetings Policy), requires that all of the City’s Boards and Commissions adhere to
the same policies and protocols that guide the Council’s meeting operations;
WHEREAS, the Planning Commission’s 2019 Bylaws were comprehensively updated on
November 21, 2019 per Planning Commission Resolution No. PC 2019-48 to be consistent with the
relevant Council Meetings Policy sections, along with other necessary and desired changes; and
WHEREAS, the Planning Commission, Secretary and City Attorney identified clarifying
revisions.
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby takes the
following actions:
Section 1. The Planning Commission has determined this action to be exempt from the
California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(5), which exempts
organizational or administrative activities of governments that will not result in direct or indirect physical
changes in the environment.
Section 2. The amended 2019 Bylaws are further amended and the Updated 2022 Bylaws in
Exhibit A to this Resolution are adopted.
The above environmental determination and actions are supported by the minutes, maps, and
exhibits, all of which are herein incorporated by reference.
PASSED AND ADOPTED this 18th day of August, 2022 by the following vote, to wit:
AYES: Dalton, Doyle, Prendergast, Ryan, Sherod
NOES: None
ABSTAIN: None
ABSENT: None
_________________________
Kevin Doyle, Chair
ATTEST:
______________________
Anna Colamussi, Secretary
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EXHIBIT A
2022 Planning Commission
Bylaws
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BYLAWS FOR THE PLANNING COMMISSION
Adopted: August 4, 2016; Resolution No. PC 2016-47
Amended: June 29, 2022; Resolution No. PC 2022-15
SECTION 1: AUTHORITY, TITLE AND ORGANIZATION
1. The Encinitas Planning Commission is established in accordance with Section 2.34 of the
Encinitas Municipal Code. These Bylaws are governed by Section 2.34 and Section 2.30
Boards, Commissions and Committees as well as City Council Policies. In the event of a
conflict between these Bylaws and Encinitas Municipal Code or Council Policy, Encinitas
Municipal Code and Council Policy, in that order, shall control.
2. The official title of this Commission shall be “Encinitas Planning Commission”. The terms
“Planning Commission” and “Commission”, where used in these Bylaws, refer to and
mean the Encinitas Planning Commission.
3. The powers and duties of the Encinitas Planning Commission are set forth in Section
2.34.040 of the Encinitas Municipal Code.
4. The Encinitas Planning Commission shall consist of five members each representing one
of the City's five communities. Qualifications and appointment procedures are detailed in
Sections 2.30 and 2.34 of the Encinitas Municipal Code.
5. A quorum of the Commission shall consist of a majority of the five members.
6. At the first regular meeting in March, or the next regular meeting afterward if no regular
meeting is held the first meeting in March, the Commission will appoint from among its
members a Chair and Vice-Chair. The terms of these appointments shall end at the
conclusion for the first regular meeting in March of the following year.
7. In the absence of both the Chair and Vice-Chair at any meeting, the Commission shall
appoint a Chair pro-tem to conduct that meeting. In the absence of the Chair and Vice-
Chair, the Commission Secretary shall call the meeting to order and immediately call for
a motion to select a Chair Pro Tem.
8. The Director of Development Services Department shall determine who serves as the
Secretary to the Commission. The Secretary may, in performance of his or her duties,
appoint a Deputy Secretary to perform the secretarial function for the Commission in
his/her absence.
9. The City Attorney (or designated representative) shall act as Parliamentarian for the
Commission and may be called upon by the Chair to rule on motions or decisions made.
Other duties of the City Attorney or designee are to advise the Planning Commission on
legal matters, to guide the Commission on making findings of fact when rendering
decisions, and legal interpretations of the Municipal Code and State and Federal laws.
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SECTION 2: DUTIES OF MEMBERS
1. It shall be the duty of each member to:
A. Attend all meetings of the Commission.
B. Act upon any committee to which appointed and report and prepare findings with the
assistance of the City staff as from time-to-time may be required by the Chair.
C. Become properly informed concerning the General Plan, Specific Plans, Design
Guidelines, the Zoning Code, these Bylaws, and all matters which come before the
Planning Commission.
D. Be discreet in the discussion of pending matters outside regular or special meetings
of the Commission and make no prejudicial comment in advance of official action of
the Commission.
E. Refrain from suggesting or directing design changes or modifications during any
communication with the applicant (or applicant representative) outside the context of
a meeting of the Planning Commission. Planning Commissioners are discouraged but
not prohibited from meeting and or communicating with an applicant, applicant
representative or any other stakeholder, including but not limited to property owners,
neighboring residents, neighboring businesses, etc. Any ex parte communications
must be disclosed at the beginning of the hearing. Any ex parte communication that
provides new significant information shall be disclosed to the Secretary as soon as
practicable prior to the meeting for distribution to all commissioners, applicant and
public.
An ex parte communication is an oral or written communication between a Planning
Commission member and an interested person which does not occur in a public
hearing regarding a discretionary permit action, appeal, long-range development plan,
or any other quasi-judicial matter for which an application has been submitted to the
Planning Commission.
In quasi-judicial matters applicants have a right to due process, which includes having
an objective hearing body making decisions. Ex parte can be a fact-finding
communication; however, it cannot be a conversation where a Commissioner
expresses an opinion or takes a position during that communication. Due process does
not apply to legislative matters.
F. Site visits are considered ex parte communications but are within the responsibilities
of Planning Commissioners. As such, any information identified during a site visit that
is not already included in the record must be provided to the Secretary as soon as
practicable prior to the hearing to be distributed to all commissioners, applicant and
the public. This should also be disclosed at the beginning of the hearing.
G. Meet with staff and other City representatives as necessary to become informed of the
facts regarding the business on the Planning Commission agendas. All requests to
meet with City staff must be made to the Secretary. Commissioners may contact
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project planners directly for items on the posted agenda, provided they also inform the
Secretary.
H. Commissioners shall notify the Secretary if they will be absent or late to a meeting as
soon as practicable.
I. A Commissioner shall not purport to represent the whole of the Commission unless
authorized to do so by the Chair or decision of the Commission.
J. Commissioners should make every effort to meet with the Secretary or appropriate
staff, as designated by the Secretary, the week of the meeting for at least 10 minutes
via phone or a meeting to allow clarifying questions to be answered prior to the
meeting.
SECTION 3: RESPONSIBILITIES OF CHAIR
1. The Chair shall preside at and conduct all meetings of the Commission, administer all
rules of the Commission, and rule upon motions, resolutions, or other business transacted
by the Commission. The Vice-Chair shall, in the absence of the Chair, exercise all
responsibilities of the Chair. The Chair may appoint such committees from among the
members of the Commission as may be necessary to conduct the business and pursue
the program and purposes of the Commission.
2. The Chair shall, when called upon, represent or appoint one of the members to represent
the Commission before the City Council. Such representation shall reflect the view of the
majority of the Commission on any particular matter upon which the Commission has
acted.
SECTION 4: DUTIES OF SECRETARY – OFFICIAL PAPERS, PLANS AND
CORRESPONDENCE
1. The Secretary is responsible for the preparation of the minutes of each meeting to report
all actions and a brief account of the facts pertinent to the actions. Minutes shall be
prepared as expeditiously as possible and copies thereof furnished to members of the
Commission with distribution of agenda materials. Recorded tapes of meetings shall be
retained by the Secretary in accordance with the record retention policy adopted by the
City Council.
2. The Secretary shall have the authority to certify any action taken by the Commission as
recorded in the minutes of the Commission or which is otherwise documented. Such
certification shall constitute the official reporting by the Commission to fulfill all
requirements of law excepting any law, rule, or request of the Commission that requires
the signature of the Chair of the Commission.
3. The Secretary is authorized to draft or sign correspondence for the Commission and take
all actions in an executive secretarial capacity for the Commission. The Chair may also
prepare letters, memoranda and other correspondence at the direction of the Commission
4. The Secretary shall provide to each member all supporting information and minutes of the
previous meeting not less than seven (7) calendar days prior to the day of the meeting.
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5. The Secretary shall provide an orientation for new Commissioners as soon as possible
following appointment by the City Council.
6. The Secretary will identify training and education opportunities for the Commission as may
be accommodated by the adopted budget.
7. The Secretary shall distribute information that are not in the record to the Planning
Commission as soon as possible prior to the hearing. It is preferred to distribute any new
information at least three (3) hours prior to the hearing to allow ample time for the Planning
Commission to review the information before the hearing.
SECTION 5: POLICIES AND PROTOCOLS FOR PLANNING COMMISSION MEETINGS
1. Placing Items on a Planning Commission Agenda
To establish the procedures by which items are added to the Planning Commission
agenda when requested by Planning Commissioners, staff, or the public.
A. To Add Item during a Meeting to that Meeting’s Agenda
To add an item to a meeting in progress, the Brown Act requires 4/5th of the Planning
Commission (or three if there are only three present) to find that the item came to the
City’s attention during the previous 72 hours and there is a need to take emergency
action before the Planning Commission’s next meeting.
B. To Add an Item during a Meeting to a Future Agenda
1. The Chair gives an express, oral direction to the Secretary. If a Planning
Commissioner disagrees with the Chair’s direction to the Secretary, the Planning
Commissioner can make a motion with a second to vote on the proposed addition
to the future agenda. The vote is without the Planning Commission’s discussion
of the merits of the item or the basis of the request.
2. At the request of a Planning Commissioner with the support of a second Planning
Commissioner, an item will be placed on a future agenda consistent with City
Council Policy. No vote is necessary.
3. The Secretary will inform the Planning Commission on timing and availability of
resources.
4. Requests from members of the audience, after being authorized to speak, may be
considered under the “Future Agenda Items Added by the Planning Commission”
section of the agenda at the initiation of a Planning Commissioner with the support
of a second Planning Commissioner.
5. The Chair may, with support of the majority of the Planning Commission, refer
items to other City Commissions or a Planning Commission Subcommittee for
additional review and recommendations before the item is placed on a future
Planning Commission agenda.
C. Single Planning Commissioner Initiated Agenda Item
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1. Planning Commissioners may add a Planning Commission Initiated Agenda Item
to a Planning Commission Meeting agenda.
2. Planning Commission Initiated Items are prepared by the requesting
Commissioner and require no staff time.
3. Planning Commission Initiated Items must be submitted to the Planning
Commission Clerk no later than close of business day three days prior to the next
Planning Commission meeting and are not reviewed by the Secretary prior to
submission to the Planning Commission Clerk. For example, submission on
Monday by close of business day for a Thursday Planning Commission meeting.
4. All legal noticing requirements shall be complied with prior to any action being
taken on an item.
D. Process for Developing Agendas
1. The Secretary is authorized to place items on agendas that are generated by City
administrative requirements, laws, or City ordinances.
2. The Secretary may coordinate the agenda with the Chair when feasible/necessary.
E. List of Pending Agenda Items
1. The Secretary will maintain a list of pending agenda items that have been
requested and agreed to but have not yet been scheduled.
2. The list will be included as an attachment to the Planning Commission agenda with
the Secretary’s best estimate of when the item is likely to come before the Planning
Commission.
F. Removing or Continuing Items on the Agenda
1. An item shall be pulled from the agenda under “Changes to the Agenda” if a
technical flaw, including but not limited to a flawed public notice, is identified.
2. A duly noticed item may be continued to a date certain or uncertain, if additional
time is requested to address issues raised by the Planning Commission, staff,
public or the applicant. An applicant may also request a continuance to a date
certain if only three Commissioners are present for the hearing. At the discretion
of the Chair, this shall occur under “Changes to the Agenda” when the need for a
continuance is known at or before the beginning of the meeting.
SECTION 6: PLANNING COMMISSION MEETING PROCEDURES
It is the intent of the Planning Commission that rules be established for the management of
Planning Commission meetings to ensure compliance with relevant laws and to conduct the
public’s business in an open, transparent, and efficient manner. The Planning Commission
strives to ensure that business requiring Planning Commission deliberation and action is given
priority in the planning and conduct of Planning Commission meetings, and that the public has
the opportunity to make comments and provide input on any item of interest.
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1. Planning Commissioners’ Rules of Procedure
A. Procedural Rules: All meetings of the Planning Commission shall be conducted in an
orderly manner designed to expedite the business of the Planning Commission.
Robert’s Rules of Order will be used as a guide to resolve questions of parliamentary
procedures. The City Attorney or designee shall serve as the Parliamentarian.
B. Consent Calendar: Those matters which are considered routine by the Secretary may
be initially placed on the consent calendar. Before adopting the consent calendar, the
Chair will ask members of the public if they wish to move an item from the consent
calendar to the regular agenda. The Chair will then ask members of the Planning
Commission whether anyone wishes to add an agenda item to the consent calendar
or to move a matter from the consent calendar to the regular agenda. The
Commission will then proceed with consideration of the remaining Consent Calendar.
The consent calendar will be enacted upon with one motion. There will be no separate
discussion of these matters. Items pulled from the consent calendar will be considered
immediately following adoption of the remaining consent calendar, and staff reports
will only be given if requested by the person who pulled the item.
C. Action of Planning Commission: The Planning Commission shall act by motion or may
give direction to staff by consensus (minute order). Per Encinitas Municipal Code,
three affirmative votes are required for any of the following motions to be
approved:
i. Approve with findings if applicable
ii. Approve subject to conditions and findings
iii. Deny with findings if applicable
iv. Continuance
D. Rules of Debate: Debate upon all matters pending before the Planning Commission
shall be under the direct supervision of the Chair and conducted in such a manner as
to expedite the business of the Planning Commission, subject to the procedural rules
of the Planning Commission.
E. Electronic Devices: The use of electronic devices for communication by the Planning
Commissioners at the dais during Planning Commission meetings is prohibited (e.g.,
mobile phones, smart phones, tablets for e-mailing, text messaging, etc.) The
limitation shall not apply to receipt of electronic communications in the event of an
urgent family or personal matter. If, in the opinion of the Chair, a Commissioner’s use
of an electronic device is disruptive to the Planning Commission deliberations or
disrespectful to the public, the Chair may request that the Commissioner cease his or
her use of such device. Commissioners may use a tablet or laptop computer at the
dais to view the electronic/digital agenda packet for that meeting and any official, public
document posted or linked on the Development Services Department Internet site.
F. Remarks by Planning Commissioners: Every Planning Commissioner desiring to
speak shall so indicate using the “request to speak” button on the display screen or
otherwise address the Chair, at the discretion of the Planning Commission. Upon
recognition by the Chair, the Planning Commissioner shall confine remarks to the item
under consideration, avoiding remarks regarding the personalities involved and
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avoiding indecorous language. A Commissioner, once recognized, shall not be
interrupted when speaking unless it is to call him/her to order. If a Planning
Commissioner while speaking is called to order, the Planning Commissioner shall
cease speaking until the question of order is determined.
G. Abstention Votes: Commissioners wishing to abstain from a vote may either announce
that they are abstaining or select Abstain on the computer screen. Silence or not
voting electronically shall be recorded as voting with the majority. The Commissioner
abstaining shall state a short sentence explaining the reason for abstaining and this
sentence shall be included in the minutes. (This assumes that the abstentions are not
due to a conflict of interest. In a conflict of interest, the conflicted Commissioner leaves
the room and is considered absent for purposes of both a quorum and a vote.)
H. Recusal: Any Commissioner who has, or believes they have the appearance of, a
conflict of interest on any item shall state at the beginning of the hearing that they are
recusing themselves for that item, briefly explain the reason for the recusal, and shall
leave the Council Chambers immediately and shall not be included in the vote tally. A
Commissioner identifying a potential issue in the interest of transparency but for which
the Commissioner states will not affect their impartiality and does not conflict wit h the
Brown Act, Encinitas Municipal Code or Council Policy may make a disclosure and
affirmative statement of impartiality rather than recuse. If an objection to that
Commissioner’s continuing participation in the item is raised by another Commissioner
or, during the public hearing, a member of the public, the Chair shall refer the concern
to counsel for advice on how to proceed. If the matter involves the Chair, then the
Vice Chair shall refer the concern to counsel.
I. Teleconferencing: Teleconferencing may be allowed at the discretion of the Chair and
shall comply with associated Government Code regulations.
J. Tie votes: A motion fails on a tie vote. Identical or similar motions that result in
repeated tie votes should be avoided so that the Commission can come to a decision.
The Commission may continue an item once if it remains deadlocked, provided it
articulates potential solutions or needs for more information such that further
consideration of the project may occur at the subsequent continued public hearing. If
the deadlock remains, the Secretary will propose a motion to the Chair to introduce to
facilitate the Commission reaching a decision.
K. Continuances. The Commission may continue an item for any reason, provided the
Commission states the reasoning for the continuance, which must include an
explanation for why the continuance would potentially enable the Commission to
obtain the additional information or project revisions they may need to reach a decision
at the subsequent continued hearing date. Examples include but are not limited to a
lack of remaining meeting time, request for more information and request for an
applicant to make revisions to the project resulting from the public hearing. It is the
Chair’s discretion whether to ask the applicant for a voluntary continuance. The Chair
will consult with the Secretary about whether to continue to a date certain or uncertain.
L. Remote Meetings: Remote meetings shall follow Government Code Section 54953
protocol.
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2. Citizen Participation in Planning Commission Meetings – Oral Communications
A. At each regular Planning Commission meeting up to 30 minutes shall be reserved for
Oral Communications subject to Planning Commission approval to allow for additional
time, which may be placed at end of agenda.
B. The purpose of oral communications is to bring to the attention of the Planning
Commission a matter or matters which do not appear on the agenda. Remarks shall
be addressed to the Planning Commission as a body and not to any member of the
Planning Commission, staff or the public. State law prohibits Planning Commission
action on non-agenda items because the public would be unaware prior to the meeting
of any potential action. If needed, Oral Communication items will be referred to the
Secretary either for resolution by administrative action or placement on a future
agenda by the Chair or at the request of at least two Planning Commissioners per
Section 5.1.B of these Bylaws.
C. Oral Communication speaker’s slips will be available at the back of the Council
Chambers to be filled out indicating a person’s wish to address the Planning
Commission under the agenda title “Oral Communications” and the subject on which
the person wishes to speak. The slips will be accepted by the Planning Commission
Clerk in the Council Chambers no earlier than 30 minutes before the start of the
meeting. All oral communications speaker slips must be received by the Planning
Commission Clerk by the start of oral communications.
D. The Planning Commission Clerk will review the slips. The Planning Commission Clerk
will inform the Chair of the number of slips. If the number of speakers, at three minutes
each, exceeds the 30-minute allotted time for Oral Communications, the Chair, in
consultation with the Planning Commission, will determine the time allotted per
speaker, extension of Oral Communications time, or continuation of remaining
speakers to the end of the meeting.
E. Donations of time from one speaker to another speaker will not be permitted in Oral
Communications.
F. Only the Chair shall respond to a speaker during Oral Communications. Discussion
is not allowed under law. If a Planning Commissioner has a valid question to clarify
the issue, the question will be directed through the Chair.
3. Public Comment on Agenda Items
A. The public is allowed to comment on items which appear on the agenda.
B. Speaker slips will be available in the Council Chambers to be submitted by persons
wishing to speak on an agenda item. The normal time allowed for a person to speak
will be three minutes. Donation of time from one person to the person speaking on
the item will be permitted with up to two (2) time donations for a maximum of nine (9)
minutes. The donor(s) must be present. The Chair shall have the authority, with
Commission consensus, to reduce equally each speaker’s time to accommodate a
larger number of speakers, or to limit the total speakers’ time on an agenda item.
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C. Speaker slips for agenda items will be accepted by the Planning Commission Clerk in
the Council Chambers no earlier than one-half hour before the meeting and up until
the public testimony on the item is finished. Included on the speaker slip shall be the
option for an individual to register support or opposition but do not wish to speak
(individual must be present).
D. Remarks shall be addressed to the Planning Commission as a body and not to any
member of the Commission, staff or the public. No person shall enter into a discussion
without the permission of the Chair. No questions shall be asked of a Planning
Commissioner or staff member except through the Chair. The Chair may limit
interaction between Planning Commissioners and public speakers to questions of
clarification.
E. If there is a group representing a common position, designation of a spokesperson is
encouraged. The Chair may allot a fixed amount of time for presentations of this
nature, which is commonly 10 minutes.
F. Outside presentations shall be limited to 10 minutes maximum unless additional time
has been requested through the Chair.
4. Public Hearings
A. Public Hearings are occasions specifically for the purpose of obtaining public input.
B. Speaker slips will be available in the back of the Council Chambers to be submitted
by persons wishing to speak at a public hearing.
C. Speaker slips will be accepted by the Planning Commission Clerk in the Council
Chambers no earlier than one-half hour before the meeting and up until the public
testimony on the item is finished.
D. The normal time allowed for a person to speak in a public hearing will be three
minutes. The Chair shall have the authority, with Planning Commission consensus, to
reduce equally each speaker’s time to accommodate a larger number of speakers, or
to limit the total speakers’ time in a public hearing.
E. Donation of time from one person to another will be permitted with up to two time
donations for a maximum of nine (9) minutes, when speaking in a public hearing. The
donor(s) must be present.
F. Each public speaker shall appear once per item before the Commission unless called
back by the Chair to answer questions.
G. If there is a group representing a common position, designation of a spokesperson is
encouraged. The Chair may allot a fixed amount of time for presentations of this
nature, which is commonly 10 minutes.
H. Applicant presentations may be a maximum of 10 minutes. The Chair may allow
additional time for complex projects. If offered at the discretion of the Chair, closing
statements may be a maximum of three (3) minutes, unless the Chair grants additional
time.
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I. Applicant and speaker responses to Commissioner Questions may only take the
amount of time the Chair deems necessary to answer the question.
5. Written Communications
A. Per Government Code Section 54957.5, any agenda related writings received by a
majority of the Planning Commission within 72 hours before a regular meeting, must
be distributed to all the Commissioners and a copy placed in the designated binder in
the Planning and Building lobby. However, it is the City’s practice to distribute all
written correspondence received by any one Commissioner to all Planning
Commissioners and correspondence pertaining to an agenda item, is also placed in a
binder in the lobby.
B. Written communications may also be presented to the Planning Commission Clerk at
Planning Commission meetings, as part of the record of the meeting and for
distribution to the Commission.
C. Written communications submitted after the agenda packet is posted, but before the
meeting begins, will be provided to the Commission at the beginning of the meeting.
D. Written correspondence directed to the Commission that is received prior to an agenda
packet being posted shall be held by the Secretary and included for Planning
Commission review as part of the agenda packet.
E. Any electronic agenda related communication received within 72 hours before a
meeting should be distributed to all commissioners and printed out before the meeting.
Electronic communications received within three (3) hours prior to the start of the
meeting will be distributed but cannot be guaranteed to be reviewed by any or all
Planning Commissioners prior to the start of the meeting.
F. Any memorandums or correspondence not in the agenda report prepared and
distributed by staff to the Planning Commission must be posted on the City’s website
with the Agenda Item as soon as practicable.
6. Minutes
A. The Planning Commission Clerk is instructed to prepare action minutes for eac h
Planning Commission meeting. The Planning Commission Clerk shall add a brief
description/topic for oral communication speakers, add any staff direction to the
minutes that was a result of oral communication requests, add a one sentence
statement as to why an item was removed from the Consent Calendar, and note
whether the speaker was speaking in favor or opposition to agendized items.
7. General Meeting Rules
The Planning Commission is pleased to have people attend Commission meetings to
participate in their local government. The following rules are established in order to ensure
an orderly meeting where all can exercise their rights of free speech:
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A. No smoking, including electronic vapor inhalation devices.
B. No alcohol.
C. Signs limited to 8-1/2 in. x 11 in. or smaller flexible paper without rigid support (due to
safety concerns).
D. To assure that every speaker is listened to in a respectful manner, cheering, shouting
or disruptive behavior shall not be tolerated. The Chair may direct appropriate
remedial action if necessary.
E. In the interests of saving time, the Commission requests that the audience refrain from
clapping for speakers.
F. No pets are allowed in Council Chambers. Service animals are permitted.
G. Disruptive or unruly attendees may be removed from the Council Chambers to the
extent consistent with the Brown Act and applicable law or case law.
8. Public Communication Guidelines
A. Welcome to our Planning Commission meeting. When addressing the Commission,
please:
• Address the Commission as a body, not individuals
• Clarify your goal/purpose at the outset.
• Respect the three-minute time limit-stop at the buzzer
• The Commission may ask questions for clarification
• No dialogue with Commissioners during oral communications
• Be courteous, professional and respectful
SECTION 7: REGULAR MEETING SCHEDULE AND TIME LIMITS
1. The Commission’s regular meetings are scheduled for every first and third Thursday,
beginning at 6 p.m. in the Encinitas Council Chamber. Special meetings may be called
as needed, pursuant to the Government Code and Brown Act.
2. The Commission must move to extend the meeting beyond 10 p.m. At midnight, the
meeting will be adjourned to the next meeting; Planning Commission meeting shall end at
midnight, unless under special circumstances through a unanimous vote.
3. A public hearing for any item that requires an action may not begin after 9:30 p.m. if in the
estimation of the Chair, or by vote of the Commission, it is unlikely to finish before midnight
and would likely be continued due to a lack of time. The agenda order may be changed
to allow subsequent items to be heard, if the Chair estimates that those items could be
finished in time. An item that is continued due to a lack of time will be continued to a date
certain.
4. Under special circumstances, an item may be continued to a special meeting provided
proper notice is issued per Government Code Section 54956(a).
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SECTION 8: ACTIONS OF THE PLANNING COMMISSION
1. Findings, supported by evidence, must be made for Planning Commission actions on
quasi-judicial and legislative matters. Conditions and mitigation measures may be
imposed to bring a project into full compliance with requirements or lessen potential
impacts.
2. For actions involving a resolution, the Commission's action on that item is not official until
memorialized by resolution.
3. Planning Commission action against staff recommendation must require modification to
the resolution and return to Planning Commission unless directed by Planning
Commission to authorize staff to prepare and finalize.
SECTION 9: ORDER OF BUSINESS FOR REGULAR MEETING
1. The following is the standard order of the agenda. The Chair may alter the agenda order.
• Call to Order
• Roll Call
• Pledge of Allegiance
• Oral Communications
• Changes to the Agenda
• Consent Calendar
• Items Removed from the Consent Calendar
• Regular Agenda (may include action, information and study session items)
• Future Agenda Items Added by Planning Commissioners
• Planning Commission Reports
• City Planner Reports and Planning Commission Future Agenda/Follow-Up Log
• Adjournment
2. The following is the standard order of a public hearing item. The Chair may alter the order
of testimony and Planning Commission discussion.
• Chair introduces item
• Planning Commission disclosures
• Summary presentation provided by staff
• Questions of clarity asked of staff by Commissioners; no deliberation may occur
• Applicant presentation
• Questions of clarity asked of the applicant by Commissioners; no deliberation may
occur
• Public testimony received; Commissioners may request of the Chair to ask questions
of clarity of the speaker; no deliberation may occur
• Applicant closing statement, if offered by the Chair; no questions may be asked
• Planning Commission deliberation; recall of applicant for questions is at the discretion
of the Chair
• Motion
• Discussion on the motion; no recall of the applicant for questions may occur when a
motion is on the floor
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3. The following is the standard order of an appeal item. The Chair may alter the order of
testimony and Planning Commission discussion.
• Staff presentation
• Questions of clarity asked of staff by Commissioners; no deliberation may occur
• Appellant presentation (10 minutes)
• Applicant presentation (10 minutes)
• Public comments; Commissioners may request of the Chair to ask questions of clarity
of the speaker; no deliberation may occur
• Applicant rebuttal (5 minutes)
• Appellant rebuttal (5 minutes)
• Close public comments
• Planning Commission deliberation; recall of applicant for questions is at the discretion
of the Chair
• Motion
• Discussion on the motion; no recall of the applicant for questions may occur when a
motion is on the floor
4. For an item docketed from the outset to be continued or removed from the agenda, no
public testimony will be taken on that item.
SECTION 10: CONDUCT OF COMMISSIONERS
1. The following guidelines apply to the conduct of Planning Commission members:
• Articulate own perspective with respect
• Focus on making “informed decisions”
• Stay on topic-current agenda item
• Ask questions for clarification-clarify the facts
• Acknowledge legitimate disagreement
• Respect the majority opinion
• Be courteous, professional and respectful
• Engage in respectful civil discourse and recognize that a difference of opinion and
disagreement about conclusions reached is normal and acceptable
• State reasons for decisions based on findings of facts related to applicable federal,
state or local laws or regulations
SECTION 11: GENERAL FRAMEWORK OF ANNUAL REPORT AND WORK PLAN
General Annual Report Format and Work Plan
1. Summary
A. Overview and highlights
2. Introduction and Background
A. Purpose of the Annual Report and Work Plan
B. Acknowledgement of finite resources and establishing priorities
C. About the Planning Commission
3. Prior Year Report on Accomplishments and Activities
A. Implementation report on prior year Work Plan
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B. Docket statistics
4. Forward-looking Work Plan
A. Action item
B. Justification
C. Priority
5. Appendices
A. General Plan Implementation Report
B. Housing Element Implementation Report
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Encinitas Planning Commission’s Annual Report and Work Plan Framework
(Adapted from The Job of the Planning Commissioner by Albert Solnit, third edition, American Planning Association, 1987)
ANNUAL REPORT BUILDING BLOCK (final) COMMENT AND CONSIDERATION WORK PLAN (draft)
City Council Communications
1. The Planning Commission shall prepare an
annual report and work plan for City
Council’s consideration, pursuant to EMC
Section 2.30.040 C.
The City Council is ultimately responsible for
approving a work plan and may consider the
Commission’s annual report and work plan in
preparing the Council’s work plan; the
Commission understands that departmental
resources are finite, necessitating prioritization
of items in the work plan
• Hold a study session followed by an
action item to prepare and adopt the
annual report and work plan
approximately two months before
providing the report and plan to the
Council
2. The Commission’s annual report and work
plan is the manner in which the
Commission will comprehensively dialogue
with the Council and may be
communicated either by the Chair
presenting, a full joint study session or via
transmittal to the Council
Using the Commission’s annual report and work
plan provides a good starting point for
communicating with the Council; doing so
annually is an effective use of time and
resources
• Prepare an annual report and work
plan, with priority rankings
• Deliver to the Council in time for their
consideration as part of annual
budget preparation process
Focus Areas
3. Annually set aside a study session to
evaluate the Commission’s toolkit and
operations to identify and prioritize any
potential improvements in its work plan
Continuous improvement is important and
structuring time to ensure it happens will
strengthen the effectiveness and efficiency of
the Commission
• Include as a topic during study
session in advance of preparing the
annual report and work plan
4. Develop and adopt bylaws and
procedures; annually evaluate and update
as needed
Comprehensive update of bylaws will be
complete in summer/fall 2015; ongoing need to
evaluate and update as needed
• Include as a topic during study
session in advance of preparing the
annual report and work plan
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ANNUAL REPORT BUILDING BLOCK (final) COMMENT AND CONSIDERATION WORK PLAN (draft)
5. Rely upon the General Plan and Specific
Plans in decision-making; provide
observations to the City Council on the
progress in its implementation and an
evaluation of its present-day effectiveness
As part of its required annual report to the
Council, the Commission will provide its
observations on the progress in implementing
the General Plan, so the Council may consider
those observations when, in acting as the
Planning Agency, the Council files an annual
progress report with the state Office of Planning
Research, pursuant to Government Code
Section 65400(a)(2)
• Items as directed by Council
• Identify priority policy needs
• Identify Zoning Code cleanups, new
regulations, obsolete regulations and
process streamlining
• General Plan and Housing Element
implementation annual report for
SANDAG and OPR via Council
• Standard project conditions
Ongoing Education
6. Commissioners are encouraged to utilize
available and accessible training and
learning opportunities aligned with the
needs of Encinitas, including networking
with other agency Planning Commissions
The Commission may identify topics they wish
to gain further understanding in furtherance of
their duties
• Consider attending American
Planning Association, California
Chapter, conference
• Watch webinars as suggested by
staff
• Consider attending occasional
SANDAG topical sessions as
suggested by staff
7. Provide orientation materials and
resources to the City Clerk to include in the
Commissioner’s Handbook specific to the
Planning Commission
The City Clerk is responsible for preparing the
Commissioner’s Handbook, so the Planning
Commission, Secretary and Assistant City
Attorney will suggest materials to include in the
orientation packet that will meet specific
Planning Commission needs
• Prepare and review updated
orientation packet
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