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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 RESOLUTION N0. 2024 PAGE 2 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 r ~f ,, f. r a i i a a k RESOLUTION N0. 2024 PAGE 3 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 RESOLUTION N0.,2024 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 { of parties shall be preserved. L. Admissibility of Evidence ;i i RESOLUTION N0. 2024 PAGE 5 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 RESOLUTION N0. 2024 PAGE 6 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 ,, A )~~~ RESOLUTION N0. 2024 PAGE 7 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