PC Res 2024CITY OF CAMPBELL
PLANNING COMMISSION
RESOLUTION NO. 2024
WHEREAS, THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL, IN REGULAR MEETING ASSEMBLED ON
THE 7TH DAY OF JULY 1981, DOES HEREBY AMEND
RESOLUTION N0. 66, ADOPTED ON MAY 5, 1955, AND
RESOLUTION N0. 304 ADOPTED ON JULY 21, 1959, AND
RESOLUTION N0. 698 ADOPTED ON MARCH 2, 1965, AND
RESOLUTION N0. 761 ADOPTED ON APRIL 18, 1966, AND
RESOLUTION N0. 1070 ADOPTED ON JANUARY 4, 1971, AND
RESOLUTION N0. 1103 ADOPTED ON JUNE 21, 1971, AND RESOLUTION
N0. 1358 ADOPTED ON DECEMBER 17, 1973 , AND RESOLUTLON'NO.
1487 ADOPTED ON JANUARY 8, 1976 TO READ AS FOLLOWS:
In accordance with the terms set forth in Ordinance No. 25 creating
a City Planning Commission of seven members and providing:
1. ELECTION OF OFFICERS
The Commission shall elect its Chairman and Vice
Chairman from among its appointed members for a
term of one year or as required to fill vacancies.
The annual election of officers shall take place
at the first meeting in January of each calendar year.
II. PROCEDURE
A. Regular Meetings
Regular meetings of the Planning Commission of the City
of Campbell shall be held on the first and third Tuesday
of each month at the hour of 7:30 P.M. in the Council Chambers
of the City Hall, 75 North Central Avenue, Campbell,
California. (Amended by Res. No. 1552, October 21, 1976)
B. Special Meetings
Special or adjourned meetings may be held at any time or
place specified at the time the meeting is called. Special
meetings for the purpose of considering non-legislative
matters may also be called by the Chairman with written
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consent of at least five members. Notice of such
special meetings shall be given all Commissioners and
Staff members at least 24 hours prior thereto and to
such other persons as required by law.
C. Notice of Hearing
The Commission shall notice all public hearings as
required by law. In the event the Commission shall
require a notice in addition to that required by law,
it shall be directed by the Chairman that notice be given
by a specified method. Failure to notify in accordance
with such directions shall not be considered jurisdictional
by the Commission since it is not required by law and
is intended only to elicit public comment on pending
matters for the Commission's information.
D. Quorum
The Planning Commission is said to have a quorum when at
least four members are in attendance at the meeting.
E. Rules
A simple majority is all that is required for a change of
rules. Any rules not specified herein nor dictated by
State law automatically are governed by the ascribed policy
and by parliamentary procedure as contained in Robert's
Rules of Order.
F. Agenda
Not less than six calendar days prior to any regular
meeting the Secretary to the Commission shall prepare an
agenda which shall list all matters to be taken up by
the Commission at the meeting for which the agenda is
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prepared. This agenda shall be a public record and shall
be delivered to all members of the Commission and its Staff
and to such other persons as the Commission and City Council
may direct.
G. Filings
(1) All petitions for change of zone, applications for
conditional use permits, variances, or for architectural
approval, together with all other matters which may
properly come before this Commission and which require
the filing of any map, drawing, or other document, shall
be filed in the office of the Planning Department not
less than 21 calendar days prior to the day of the
meeting on which the matter is to be considered.
(2) The Secretary shall furnish to each person requesting
application forms for zone changes, conditional use permits,
variances, and site and architectural approvals, together
with approved instructions for .using such forms. All
applicants shall comply, insofar as possible, with such
instructions.
(3) The Secretary shall examine all applications filed with
the Commission to ascertain whether the same are complete
and in conformance with the Commission's requirements.
The Secretary may return to applicants for corrections
and additions any application found to be inadequate
or incomplete. All such returned applications shall
be accompanied by a statement in writing, signed by
the Secretary, stating in what manner the application
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PAGE 4
is inadequate and incomplete, or does not meet with
the requirements of the Commission. (Amended Res. No. 304,
July 21, 1959).
H. Order of Procedure
In matters to be presented it shall be the policy of the
Commission that its Planning Director and staff shall have the
right to the initial presentation. The petitioner shall be
next in order and shall present his evidence subject to such
examination by other parties or the Commissioners as the
Chairman shall direct. Intervening parties shall then present
their evidence subject to examination as provided herein. The
Chairman may vary the order provided for herein.
I. Reports by Consultant or Staff
Reports by consultant or staff shall be considered as part of
the official record of the proceeding to which they relate.
Copies of any such written report shall be made available to
the public at any hearing held on the proceeding to which
such report relates.
J. Exhibits
All exhibits filed in connection with any pending matter
become the property of the Commission and may be disposed
of as the Chairman sha11 direct.
K. Evidence
Although technical rules of evidence need not be applied
in hearings before the Commission, the substantial rights
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of parties shall be preserved.
L. Admissibility of Evidence
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The Chairman shall rule on the admissibility of all
evidence upon objection being made to the filing
thereof. Such rulings may be referred to the Commission
for review and final determination.
M. Objections
When objections are made to the admission and exclusion
of evidence, the grounds relied upon shall be stated briefly.
N. Code of Ethics
Any person who signs a petition, enters an appearance
at a hearing, or transacts any business with the Commission
by such act represents that he is authorized to do so and
agrees to comply with the laws of this State; to maintain
the respect due the Commission and its Staff; and never to
mislead the Commission or its Staff by an artifice, or
false statement of fact or law.
0. Intervening Parties
It shall be the policy of the Commission to entertain
informally the opinions of any person, firm or corporation
relative to any pending matter. Such parties may intervene
in any proceedings in accordance with these rules.
P. Number of Witnesses
To avoid unnecessary cumulative evidence, the Chairman
may limit the number of witnesses or the time of testimony
upon a particular issue.
Q. Signature and Verification by Attorney
The attorney for a party may sign and verify a petition
or other document when the party in interest is for some
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reason unable to sign and verify. The reason for
such action shall be set forth in an affidavit by such
attorney.
R. Prepared Testimony
A witness may read into the record his testimony on
direct examination, or the Chairman may direct that
such statement be incorporated into the record without
reading where such action is indicated in the interest
of time.
S. Oral Argument
Upon the Chairman consenting, parties may offer oral
argument before the hearing is closed.
T. Amendment of Petitions; Rejection for Error
Except as otherwise provided by the Campbell Municipal
Code, any petition or other document filed with the
Commission shall not be amended unless such amendment
is permitted on motion by the Commission. The Chairman
of the Commission shall have the power to reject any
petition or other document which is shown to be in error.
U. Commission Investigations
The Commission may at any time institute investigation
as to any matter pending before it or on any related
matter. The Chairman may direct or authorize Commissioners
to inspect property or proposed operations on property and
to report on their investigations.
V. Issuance of Decisions
A proceeding may stand under advisement after the taking
of evidence, oral or documentary. The Commission may
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decide matters under advisement without discussion from
the attending public unless such is permitted by the
Commission.
W. Committees
The Commission may establish such committees as it deems
necessary for the expeditious handling of Commission business.
The size and composition of such committees, their terms of
service, and the rules and conditions under which they
may operate, shall be determined by a majority vote of the
Planning Commission.
X. Docket
The Secretary shall maintain a docket of all proceedings.
The docket shall be a public record and available for
inspection.
Y. Passage of a Motion
In order for a motion to pass, a majority of the quorum
of concurring votes is required. (Amended by Res. No. 2024,
July 7, 1981)
PASSED AND ADOPTED this 7th day of July 1981 by the following roll
call vote:
AYES: Commissioners: Pack, Kotowski, Campos, Meyer, Fairbanks,
Kasolas
NOES: Commissioners: Dickson
ABSENT: Commissioners: None
APPROVED: George C:__Kasolas
Chairman
ATTEST: Arthur A: Kee
Secretary