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Planning Commission By‐Laws
City of Manteca
ARTICLE I: NAME
1. The name of this Organization shall be the City Planning Commission of the City of Manteca, California; hereinafter referred to as the Planning Commission or the Commission.
ARTICLE II: MEMBERSHIP AND TERM OF OFFICE
1. Membership, term of office and procedures for removal of members and the filling of vacancies shall be as established by Ordinance No. 271 of the City of Manteca. (Refer to Ordinance No. 271 attached)
(Amendments: Ordinance No. 1437: 2009; Ordinance No. 434: 1973; Ordinance No. 271: 1966; Ordinance No. 128: 1954; Ordinance No. 92:
1948; Ordinance No. 22: 1921)
ARTICLE III: OFFICERS
1. There shall be annually elected, on the first meeting in January of each year, from the membership of the Commission, a Chairman, Vice Chairman, and Secretary. The Planning Director of the City of Manteca, may, at the option of the Commission, be appointed as Secretary.
2. Should the membership term of an officer expire prior to the next annual election of officers, a special election shall be held to fill that office for the duration of the term.
ARTICLE IV: DUTIES OF OFFICERS
1. The Chairman shall preside at all regular meetings and shall call all special meetings.
2. The Vice Chairman shall assume all duties of the Chairman in his or her absence or disability.
3. In case of the absence of both the Chairman and Vice Chairman from any meeting, an acting Chairman shall be elected from among the members present.
4. The Chairman shall establish all standing and special committees of the Commission which may be deemed necessary for carrying out the functions and purposes of the Commission.
5. The Chairman shall decide on all points of order and procedure during meetings and his decisions shall be final unless over‐ruled by a majority of the members present.
6. The Chairman shall sign all official copies of minutes of meetings upon approval of same.
7. The Secretary shall receive and record all exhibits, petitions, documents or other materials presented to the Commission in support of, or in opposition to any question before the Commission.
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8. The Secretary shall sign all notices prepared in connection with Commission business and shall attest to such records of actions, transmittals, and referrals as may be necessary or required by law.
ARTICLE V: STAFF
1. It shall be the duty of the Planning Director to transact official business of the Commission, carry out its policies and directives, prepare, supervise, and administer the Planning program subject to the approval of the City Manager.
2. The Planning Director shall be responsible for the maintenance of proper records and files having to do with Commission business.
3. The Planning Director shall prepare not less frequently than annually a report of the activities of the Planning Commission. This report covering the activities of the preceding year shall be submitted at the second regular meeting in January for its adoption and report to the City Council.
(Amendment: Planning Commission Resolution No. 670: 1970) ARTICLE VI: COMMITTEES
1. The Chairman of the Planning Commission shall make all committee assignments and appoint the Chairman of each committee.
2. The Chairman shall serve as an ex‐officio member of the all committees.
3. Committee meetings shall be held upon call of the Chairman of the Committee.
4. A verbal or written report may be made at any meeting of the Commission by the Chairman or member of a Committee on any subject under consideration by such Committee, or such report may be requested by the Chairman of the Commission.
ARTICLE VII: MEETINGS
1. Regular meeting of the Commission shall be held on the first and third Thursdays of each month beginning at 7:00 P.M. at the Council Chambers, City Hall of the City of Manteca.
2. In the event that the scheduled date for a regular meeting falls on a holiday, such meeting shall be held on the next business day.
3. Any regular meeting may be adjourned, or any item on the agenda continued to the next or any subsequent regular meetings of the Commission. If a meeting be adjourned, or an item continued to a special meeting to be held on other than a regular meeting date, the time, place, and date of such special meeting shall be specified in the order of adjournment or continuance.
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4. A special meeting may be called by the Chairman of the Commission or a majority of the membership. Notice of such special meetings shall be given as required by law, and the purpose of, or the business to be transacted during such special meeting shall be stated in the notice.
5. All meetings of the Commission shall be open, public meetings.
6. Any Planning Commissioner arriving at a meeting later than 7:30 P.M., or after meeting is adjourned whichever is earlier, shall be deemed to have an unexcused absence for the purpose of remuneration.
(Amendments: Planning Commission Resolution No. 768: 1986; Planning Commission Resolution No. 677: 1977; Planning Commission Resolution No. 669: 1970; Planning Commission Resolution No. 668: 1970) ARTICLE VIII: QUORUM
1. A quorum shall consist of three (3) members of the Planning Commission for all matters of routine nature.
2. For public hearing dealings with the review, adoption or amendment of the General Plan or parts thereof, including zoning, set‐back or subdivision ordinance considerations, a quorum shall consist of three members.
3. In the event of a vacancy or vacancies on the Commission, a quorum for routine items shall consist of a majority of the existing membership; for Public Hearings a quorum shall consist of a majority of the existing membership plus one (1).
4. In the absence of a quorum at any meeting, such meeting may be adjourned by any member present, or, if no member be present, by the Secretary of the Commission, or, if the Secretary be not present, by the clerk, to the next regular meeting. (Amendment: Planning Commission Resolution No. 663: 1968) ARTICLE IX: CONDUCT OF MEETINGS
1. At the time and place established for meeting, and with a quorum present, the Chairman shall call the meeting to order.
2. Order of presentation during public hearings and petitions for variances or use permits shall be as follows:
a. Explanation of staff and committees. Report on formalities of notice. b. Presentation by applicant.
c. Statements of witnesses supporting request.
d. Statements of witnesses protesting application.
e. Rebuttal by applicant or his witness.
f. Questions by members of Commission and staff to applicant or opponent.
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g. Hearing closed.
h. Discussion amongst members of the Planning Commission. i. Motions and roll call, vote of the Planning Commission.
ARTICLE X: MOTIONS
1. Upon conclusion of discussion on a matter, or at such time as any member may feel that all points have been sufficiently reviewed, the Chairman may call for a motion or one may be offered by a member. In the event no motion is offered, the Chairman may offer a motion.
2. The Chairman shall receive all motions and shall call for a second to the motion if none has been made.
3. If, after a reasonable time, no second has been made, a motion shall be declared dead for lack of a second and this shall be so stated by the Chairman.
4. After a motion has been made and seconded, further discussion shall be limited to that of the motion only.
5. Persons having made a motion may accept amendment to it only after approval of the second. Should the second not approve a proposed amendment to the motion, he may withdraw his second and the motion, as amended, shall be restated as a new motion.
Should the second refuse to withdraw, the Chairman shall call for a vote on the original motion.
6. When required, the reasons for moving the proposed action shall be stated as a part of the motion.
7. At such time as any member of the Commission shall call for the question, the Chairman shall close discussion. Any member shall have the opportunity to make a statement, and then the Chairman shall immediately put the matter to a vote.
8. Should a motion fail to pass, the Chairman shall so state, and call for a new motion in the matter.
ARTICLE XI: VOTING
1. Upon acceptance of a motion and completion of discussion on same, the Chairman shall instruct the Secretary to read the motion and to poll the membership for the vote.
2. All votes shall be verbally stated as “Aye”, “No”, or “Abstain”. Should he so desire, a member shall be given an opportunity to state the reasons for his vote, which reasons shall be entered into the minutes of the meeting.
3. Except where the By‐Laws otherwise require, adoption of a motion shall be by a simple majority of the members present.
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4. The Chairman shall vote on all matters.
5. A tie vote shall automatically deny any agenda item that otherwise requires a simple majority of a quorum to adopt a motion.
6. The membership shall be polled in the order of the person making a motion, then the second, then the remainder of the membership alphabetically. (Amendment: Planning Commission Resolution No. 695)
ARTICLE XII: AMENDMENT
1. These By‐Laws may be amended from time to time as the need may arise, by resolution adopted by the favorable vote of a majority of the full membership of the Planning Commission.
Immediately upon favorable vote of not less than four‐fifths (4/5ths) of the full voting membership of the Planning Commission of the City of Manteca, Manteca, California, these By‐ Laws shall become in full force and effect, thereby invalidating any and all provisions of previously adopted By‐Laws, policies or procedures which may be, in total or in part, in conflict herewith. These By‐Laws, however, shall not be considered or construed as superseding any ordinance or directive of the City Council of the City of Manteca, nor shall they preclude the preparation and adoption of further procedural manuals and policies by which the Commission may direct its activities.
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