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10/12/2023 - Planning Commission Policies and Procedures SALT LAKE CITY PLANNING COMMISSION POLICIES AND PROCEDURES A. Organization 1. Election of Chair and Vice Chair: The Planning Commission, at its first regular meeting in September of each year, shall elect a Chair and Vice Chair, who shall serve for a term of one year each. The Chair and Vice Chair may not be elected to serve consecutive terms in the same office. 2. Special Election: A special election may be called by a majority vote of the Planning Commission in the event that the Chair or Vice Chair is unable to fulfill their elected term. 3. Orientation: All new Planning Commissioners are required to have one hour of required training as outlined by State law and attend one Planning Commission meeting for orientation purposes before participating in their first Planning Commission meeting. 4. Required Training: The Planning Director shall schedule additional commission training as outlined by State Law or as necessary. 5. Duties of the Chair: The Chair is to Preside at Commission Meetings: The Chair is the presiding member at all meetings of the Commission and shall provide general direction for the meetings. In addition to being the presiding member, the Chair shall have the following duties: a. To call the meeting to order on the day and the hour scheduled and proceed with the order of business. b. To announce the business before the Commission in the order in which it is to be acted upon. c. To receive and submit in the proper manner, all motions and propositions presented by the members of the Commission. d. To put to vote all questions which are properly moved, or necessarily arise in the course of proceedings, and to announce the results of the motions. e. To inform the Commission on any point of order or practice, and in the course of discharge of this duty, the Chair shall have the right to call upon legal counsel for advice. f. To serve as signatory of the Commission, affixing his/her signature on documents as may be required by the law or otherwise deemed necessary by the Commission. g. To maintain order at the meetings of the Commission Page 1 of 12 PC Policies and Procedures October 12,2023 h. To move the agenda along and hold down redundancy by limiting the time allowed for comments, if necessary, set guidelines for public input, and reference handouts and procedures during meetings. i. To recognize speakers and Commissioners prior to receiving comments and presentation. 6. Duties of the Vice Chair: During the absence of the Chair, the Vice Chair shall have and perform all of the duties and functions of the Chair. Should the Chair resign from the Commission, the Vice Chair shall serve as Chair until elections are held at the next available meeting. 7. Temporary Chair: In the event of the absence, disability, or a conflict of interest, of both the Chair and Vice Chair, the Chair or Vice Chair shall appoint another Planning Commission member to serve as Chair, until the Chair or Vice Chair returns. In such event, the temporary Chair shall have all the powers and perform the functions and duties assigned to the Chair of the Commission. 8. Secretary: A Planning Division secretary shall serve as secretary of the Planning Commission. 9. Planning Division Secretary's Duties relating to the Planning Commission: a. To post public notices of regular and special Planning Commission meetings, consisting of a quorum, in accordance with the noticing regulations of the zoning ordinance. b. To attend every meeting of the Commission, to take and record the roll, to read any communications, resolutions, or other papers which may be ordered to be read by the Chair of the meeting, and to receive and bring to the attention of the Commission all messages and other communication from other sources. c. To keep the minutes of the proceedings of the Commission and to record them in accordance with state law. d. To keep and maintain a permanent record file of all documents and papers pertaining to the Planning Commission meetings in accordance with state law e. To ensure Commissioners receive materials pertinent to regularly scheduled Commission meeting at least five (5) days prior to Planning Commission meetings, with the exception of draft meeting minutes which will be provided at least 24 hours in advance of the meeting. f. To perform such other duties as may be required. B. Rights and Duties of Planning Commission Members 10. Meeting Attendance: Every member of the Commission shall attend each session of the Commission including field trips, work sessions, and formal meetings, unless unable to Page 2 of 12 PC Policies and Procedures October 12,2023 attend due to extenuating circumstances. Any member desiring to be excused shall notify the secretary. The secretary shall inform the Chair and the Planning Director, or the appointed designee of the absence. a. If a Commission member misses three consecutive meetings, or six meetings in a calendar year, the Chair shall confer with the member regarding the ability, interest, and commitment of the member to continue membership on the Commission. b. If the Commission member continues to miss meetings,the Chair shall bring the matter to the full Commission. The Commission will decide upon an appropriate recommendation to the Mayor as to whether the member shall be removed from the Commission as per section 21A.O6 of the Salt Lake City Code. 11. Leave of Absence: The Commission may grant its members leaves-of absence not to exceed six months. 12. Conflict of Interest: No member of the planning commission shall participate in or be present at the hearing or disposition of any matter in which that member has any conflict of interest prohibited by Chapter 2.44 of the Salt Lake City Code. The Planning Commission may, by majority vote of the members present, allow a member, otherwise required to leave due to a conflict, to be present if required by special or unusual circumstances. It is considered a special or unusual circumstance if the member's presence is necessary to ensure the quorum requirement is maintained. 13. The following gives additional clarification relating to addressing conflicts of interest. A Planning Commission member may declare a conflict of interest regarding specific agenda items. Members of the Planning Commission who feel they or any other member of the Commission may have an actual, apparent, or reasonably foreseeable conflict of interest on any matter that is on the Commission agenda, shall explain the apparent conflict to the Commission. The Commission may then vote to decide whether the requested disqualification is justified. After declaring a conflict of interest, a Planning Commission member shall not participate in, or be present at the public hearing, the discussion, and the vote of the matter, nor attempt to use influence with other Commissioners before, during, or after the meeting and during any appeal period. The following are additional guidelines for conduct: a. There may be a conflict of interest if there are personal, familial, or financial ties between a Planning Commissioner and proponent/opponent of any item of business. b. A Planning Commissioner may appear before the Commission through their employment as an advocate or agent for a proponent only after the Commissioner's disqualification on the subject matter. c. If a Planning Commissioner is to appear before the Commission as an applicant or representative of an applicant and they have been disqualified on the matter, the Commissioner may make a presentation to the Commission, answer questions and be present during public testimony on the matter. The Commissioner shall leave the meeting after the Planning Commission closes the public hearing and before the Planning Commission begins deliberating the matter. Page 3 of 12 PC Policies and Procedures October 12,2023 d. A Planning Commissioner must not sell or offer to sell services or solicit prospective clients or employment by stating an ability to influence the Planning Commission's decisions. e. A Planning Commissioner must not use the power of office to seek or obtain a special advantage that is not in the public interest, nor any special advantage that is not a matter of public knowledge. f. A Planning Commissioner shall not have any ex parte discussions regarding any business before the Commission. For the purpose of the Planning Commission policy, ex parte discussions include any communication with interested parties of any issue coming before the Planning Commission, prior to the Commission's final decision. g. An applicant or a member of the public may raise a question of conflict of interest, after first obtaining the Chair's permission to speak. 14. Place: All meetings of the Commission shall be held in a room as determined appropriate in the City and County Building, located at 451 South State Street, Salt Lake City, Utah; or at such other place or by means of electronic meeting held in accordance with the law as the Chair or Planning Director may designate. A meeting having been convened at the place designated, may be adjourned by the Commission to any other place within Salt Lake City for the sole purpose of investigating some particular matter of business, or conducted electronically authorized by the law. In any of these circumstances, which may be more conveniently investigated at such other place or may be adjourned to any other room more convenient for conducting the business of the Commission, so long as proper notice of the meeting, including any publicly accessible electronic link in the event of an electronic meeting shall be posted for the general public. 15. Regular Meetings: The Planning Commission shall be held on the second and fourth Wednesdays of each month, or such other appropriate day as determined by the Planning Commission. The public meeting shall not begin before 5:00 p.m. At the discretion of the Chair, field trips or work sessions may be held on another day as determined by the Planning Commission, at 4:00 p.m. or at another appropriate time. The Planning Commission shall meet at least once a month. 16. Special Meetings: The secretary shall give notice of the time and purpose of every special meeting of the Commission at least twenty-four (24) hours prior to such meeting. Such notice shall be delivered to each member of the Commission via email or by telephone. 17. Other Matters Considered: Other business items pertaining to the affairs of the Salt Lake City Planning Commission and falling within the authority and jurisdiction of the Commission, may be considered, and acted upon at any regular meeting of the Commission. 18. Quorum: A quorum of the Planning Commission shall be as defined in the Salt Lake City Code Chapter 2.07.140. For purposes of determining whether a quorum is present, all members present shall be counted, including members who may abstain from a particular vote. A particular member is considered present when they are physically present at the Page 4 of 12 PC Policies and Procedures October 12,2023 place identified in paragraph 14 or are otherwise connected to the meeting via electronic means and make their presence known. C. Procedure: Order of Business 19. Order of Business. The order of business shall generally be as follows: a. Field Trip, if applicable; b. Dinner, if applicable; c. Roll Taken by Planning Division Secretary; Cl. Report of Chair and Vice Chair; e. Report of Director or designee; f. Open Forum g. Consent Agenda h. Consideration of Regular Agenda Items; i. Work session; and, j. Other business at the discretion of the Chair 20. Field Trips: On those occasions when site inspections are deemed advisable, field trips shall be held prior to the Planning Commission meetings, and the time of the field trip is to be posted on the agenda. Only Planning Commission members and pertinent City Staff shall be allowed to attend the field trip in the city-owned van. The public shall be allowed at the sites of the field trip but are encouraged to present their case at the Planning Commission meeting, not during the field trip. Field trips shall be for the purpose of gathering information, not for discussion or deliberating decisions. 21. Open Forum: The Commissioners may discuss planning, zoning, and general land use items that are not listed on the agenda. This discussion will be limited to no more than 10 minutes. There is no public discussion associated with this item. 22. Agenda for Meetings: The Secretary, with the assistance of the Planning Director, shall prepare a written agenda for each meeting as far in advance as possible and shall submit such agenda to each member of the Commission prior to the commencement of the meeting. Such agenda shall be delivered to the members of the Commission at least five (5) days prior to each meeting. A consent agenda may be used for matters which require limited or no discussion. Such items include the approval of minutes, requests for time extensions, and any other matters approved by motion of the Planning Commission. 23. Staff Report: All major issues presented to the Planning Commission for their consideration shall be accompanied by a staff report detailing the overview, background, analysis, and staff recommendation(s); which shall include findings of fact and, where applicable, conditions for approval. Staff reports shall address the portion of the Salt Lake City Zoning Ordinance or other applicable development codes relevant to the petitioner's request, and how the request fits within the criteria of the ordinance and the applicable master plan(s). Staff reports shall be as concise as possible, while allowing for adequate coverage of the subject matter and shall be made available to anyone requesting a copy of the staff report. Page 5 of 12 PC Policies and Procedures October 12,2023 24. Submission of Written Materials: Any written materials submitted for the Planning Commission's review should be submitted to the office of the Planning Division by the Thursday by noon prior to the next Planning Commission meeting, allowing time for incorporation into the Planning Commission packet. Materials submitted after Thursday will be emailed to the Planning Commission or handed out to Commission members as soon as is reasonably practical. Materials submitted after the Thursday deadline are not guaranteed to be given or reviewed by the Commission prior to the meeting. 25. Notification of Public Hearings: Notices of all items scheduled for the Planning Commission public hearings shall be provided to the appropriate parties consistent with Salt Lake City Code Chapter 21A.10, General Application and Public Hearing Procedures. Anyone wishing to receive notice of Planning Commission meeting agendas, copies of minutes and/or staff reports may be placed on the regular e-mailing list or US Mail list by contacting the Planning Division Secretary. 26. Requests to Postpone Agenda Items: After an agenda has been published and noticed, an applicant may request to remove their item from the agenda as follows: a. If the request is made more than 7 days prior to the public hearing, the agenda will be amended with that item removed. A notice will be mailed to the same mailing list used for the public hearing indicating that item has been postponed. In accordance with city ordinance the applicant is responsible for all required notice, including sending a notice for the future public hearing. b. If a request is made less than 7 days prior to the meeting the item will be held as scheduled. Planning staff and the applicant may present info priorto the public hearing being held. Because the public hearing will still be open, the commission should limit discussion to the information presented up to that point. After anyone in attendance who wishes to provide input has done so, the planning commission shall table the item and continue the public hearing to a future date to be determined. c. An applicant is not guaranteed to be on a specific agenda in the future. If an applicant requests their item be removed from the agenda and the item is tabled by the commission, the item shall be considered for a future public hearing based on the number of pending applications that have already been tentatively scheduled, the timeframe that the applicant requires to provide any additional information, and the city's ability to review any new information and provide required notice for the next available public hearing. d. The chair of the planning commission may consider granting a request by an applicant to postpone an agenda item made within 7 days of the public hearing if it is associated with an emergency that makes it impossible for the applicant to attend. Examples of emergency include illness, health of a family member, cancellation of travel plans to attend the meeting at no fault of the applicant, and other similar situations that are at no fault of the applicant. Requests to postpone that are due to changing plans, inconvenience, time to respond to public input or to the staff report, or other similar requests are not considered emergencies. D. Procedure: Order and Decorum 27. Public Meeting Rules: The meetings are a place for people to feel safe and comfortable in participating in their government. A respectful and safe environment Page 6 of 12 PC Policies and Procedures October 12,2023 allows a meeting to be conducted in an orderly, efficient, effective, and dignified fashion, free from distraction, intimidation, and threats to safety. In order to support a respectful meeting, items that disrupt the meeting, intimidate other participants or that may cause safety concerns are not allowed. For example: • Staff or security officers may ask you to open any large bags, purses, or backpacks for inspection, and may also request changes to placement of recording equipment or other props to help facilitate the meeting. • Jeering, cheering, clapping and waving signs may intimidate other speakers and cause a disruption, so such activities are not permitted during the meeting. • Please be respectful to the historic elements in the room such as: keep feet off furniture; avoid leaning or touching paintings and other decor; and no food or drinks are allowed in the Council Chamber (Room 315). • Generally, props and equipment are not allowed. If you have a prop or piece of equipment integral to a presentation, please clear its use with a staff member or security officer before entering the meeting room. • Signs are permitted; however, so that they do not cause disruption or block the view of others, please ensure that: signs are kept at your feet or on your lap; sticks or dowels are not allowed; signs can be kept near the podium on the floor during your turn to speak. • If you have questions about proper placement of recording equipment or recording in general, please coordinate this with a security officer or staff member before the beginning of the meeting who will make requests to help ensure that it does not disrupt the meeting or make other attendees feel uncomfortable. • If you have written remarks, a document, or other items you may want the commission to review, do not approach the dais. Instead, please give them to staff and they will distribute them for you. • Failure to follow these decorum rules may result in removal from the meeting. 28. Order of Consent Agenda Items: The following procedures will normally be observed: the Chair reserves the right to rearrange the order of individual items for the expeditious conduct of business. a. Chair reads Consent Agenda items to the Commission. b. Chair opens one public hearing to cover all items listed on the Consent Agenda: The public hearing is only for any consent agenda items for which a public hearing is required, the agenda will identify items with a required public hearing. The public can comment on any Consent Agenda item requiring a public hearing. i. Recognized Community Organizations presentation/response: There shall be a five (5) minute maximum presentation unless the Chair authorizes additional time. ii. General Public's comments: There shall be a two (2) minute maximum per individual unless the Chair authorizes additional time. c. Chair closed the public hearing. d. Chair calls for a motion: Possible actions are to either approve all of the items or to remove one or more items from the Consent Agenda. If items are removed from the Page 7 of 12 PC Policies and Procedures October 12,2023 Consent Agenda, then (1) such items are to be moved onto the Regular Agenda, and (2) the Chair shall solicit a subsequent motion to approve the remaining items on the Consent Agenda. If an item is moved to the Regular Agenda the public hearing associated with that item will be considered to have been opened and closed unless the Commission specifies that it will remain open. 29. Order of Regular Agenda Items: The following procedure will normally be observed; however, it may be rearranged by the Chair for individual items if necessary for the expeditious conduct of business. a. Item introduction by the Chair b. Staff presentation and recommendation c. Applicant presentation of the proposal. There shall be a ten (10) minute maximum petitioner presentation unless the Chair authorizes additional time. d. Opening of the public hearing, if applicable. 1. Recognized Community Organizations presentation/response: There shall be a five (5) minute maximum presentation unless the Chair authorizes additional time. 2. General Public's comments: There shall be a two (2) minute maximum per individual unless the Chair authorizes additional time. 3. Applicant's response to comments offered during the public hearing: There shall be a five-minute maximum response time from the applicant unless the Chair authorizes additional time. 30. Opening and Closing Public Hearings: The Chair shall open and close the public hearing prior to the Planning Commission's discussion/deliberation and vote on the matter. a. Planning Commission discussion and vote. The discussion is closed to the petitioner and public unless the Planning Commission requests additional information. Commission Chair outlines possible actions- approval, denial, continuation, or approval with conditions. If additional information is required, the public hearing portion of the meeting may be reopened or continued to a date certain by a majority vote. 31. Recess: The Chair may call for a break for a specific purpose while also stipulating a specific time to reconvene the meeting. The time to reconvene must be during the same day as the meeting in which the motion to recess was made. a. During the course of conducting Planning Commission business other than public hearings, the Chair, after consulting with the Commission, may elect to receive comment, or take testimony from the audience. However, the Planning Commission is not obligated to take any comment from the audience and any comment is at the will of the Chair. Page 8 of 12 PC Policies and Procedures October 12,2023 32.Adjournment: The Chair shall adjourn the meeting at the end of each Planning Commission meeting. E. Procedure: Motions 33. Making Motions: Any Planning Commissioner, but the Chair, may make, or second a motion. a. Motions should state findings at the beginning of the motion followed by the recommendation to the appropriate body, if any, and should be concluded with the conditions of approval. The motion may refer to the staff report for the detail of the findings of fact and conditions for approval if the author of the motion finds them acceptable. b. The staff motion sheet that is generally provided should be sufficient in detail to assist the Commission in stating findings. c. Motions may be repeated for clarification following discussion and prior to the vote at the request of any Commissioner. d. Planning Commissioners may request advice from the City Attorney or members of the Planning Management Team in the preparation, discussion, and deliberation of motions. e. Conditions to motions for approval: Conditions placed on the approval of an application must be germane to mitigating negative impacts relating to the proposal or are necessary to ensure the project meets the regulatory criteria. 34.A Second is required: Each motion of the Commission must be seconded with the exception of motions to amend a motion. 35.Withdrawing a Motion: After a motion is stated, the motion shall be in the possession of the Commission but may be withdrawn by the author of the motion prior to the vote, in this case withdrawal of a second is not necessary. 36. Motion to Table: A motion to table an agenda item for further study should be accompanied by specific reasons for continuing the matter and whenever possible, a specific date to rehear the matter should be scheduled. 37.Amending a Motion: When a motion is pending before the Commission, any member may suggest an amendment without a second, at any time prior to the Chair putting the motion to a vote. The amendment must be accepted by the author, and the second of the motion, in order to amend the stated motion. The author and the second may choose not to accept the amendment. 38.Amending Amendments to Motions: An amendment to a motion may be amended, no second required, at any time prior to the Chair putting the motion to a vote. The amendment to the amendment must be accepted by the author, and the second of the Page 9 of 12 PC Policies and Procedures October 12,2023 motion, in order for it to amend the stated motion. The author and the second may choose not to accept the additional amendment. 39. Substitute Motions: A substitute motion, which shall replace the original motion, may be made prior to a vote on the original motion. 40. To Rescind a Motion: A motion to rescind, or make void, the results of a prior motion may take place when the applicant and other persons directly affected by the motion have not materially changed their position in reliance on the Commission's action on the motion. A motion can only be rescinded within the appeal period identified in the Salt Lake City Code of Ordinances. 41. To Reconsider a Motion: To recall a previous motion for further evaluation and/or action, a motion for reconsideration may be made by a Commissioner who voted with the majority. The motion to reconsider a matter must pass with a majority vote; if it is determined that the motion should stand as previously approved then no formal vote is necessary. If the former motion is to be amended or made void, the motion shall be put to a formal vote of the Commission. Motions to reconsider a previous motion must take place during the same meeting the motion was made, or before the minutes containing that particular item are approved. F. Procedure: Debate/Questions a. No member of the Commission shall question another member in debate without obtaining the Commissioner's consent, and to obtain such consent, shall first address the Chair. b. No member of the Commission shall ask a question of the public without first obtaining permission of the Chair. c. No member of the Commission shall debate with the applicant or a member of the public during the public meeting. Opinions of the Commission members should be voiced after the public testimony period of the meeting and should focus on the project and not on individual(s). This shall not be construed to mean that the Commission cannot ask questions of a person providing testimony, City staff, or applicant. G. Procedure: Voting 39.Voting: All business of the commission that requires a vote shall be done via roll call vote. Commissioners who are present via electronic means shall vote after their name is called by the Chair, Vice Chair, or other person conducting the meeting in the absence of the Chair and Vice Chair. In conducting a roll call vote, the conducting member shall vote last. 40. Changing a Vote: No member shall be permitted to change their vote after the decision is announced by the Chair. Page 10 of 12 PC Policies and Procedures October 12,2023 41. Abstention: Any member abstaining from a vote may remain seated at the table and participate in the discussion. Reasons for abstention must be stated for the record, at the time of the abstention and such reason shall not be considered a conflict of interest. 42. Explaining the Vote: Before or after the vote is taken, any member of the Commission, desiring to explain their vote, shall be allowed an opportunity to do so. 43. Not to Vote Unless Present: No member of the Commission shall be permitted to vote on any motion unless the member is present when the vote is taken, and when the result is announced. No member shall give their proxy to any other person. Commissioners who are connected to the meeting via electronic means shall be considered present for the purpose of voting when they vote in a manner that indicates their presence. H. Procedures: Suspension of Rules Suspension of Alteration of Rules: No standing polices, or procedures of the Commission shall be altered, amended, suspended, or rescinded without the vote of a majority of a quorum of the Commission. L Summary of Actions After the meeting, the meeting secretary will create a "Summary of Actions" which includes the list of items acted upon and what action was taken (approved, approved with conditions, tabled, denied, recommended positively or negatively). The Summary of Actions shall be posted on the Planning Division website the day following the public meeting. J. Notification of Decision After the Planning Commission makes a decision, the project planner shall send a letter to the applicant identifying the action taken and outline any subsequent action the applicant must take. The letter shall be mailed or emailed within ten days from the action of the Commission. K. Annual Report The Planning Staff shall prepare an Annual Report to be presented to the Planning Commission at a regularly scheduled meeting no later than the second meeting in March. The report shall include information about the number, type and disposition of standard cases, administrative hearing cases, and information regarding other City or Staff activities involving planning. The Annual Report will be compiled with additional information detailing the activities of the Planning Division and forwarded to the City Council and Mayor's Office. L. Approval and Amendment of Policies and Procedures These policies and procedures may be amended at any meeting of the Planning Commission held upon a vote of a majority of a quorum of the members of the Planning Commission. M. Recording of Policies and Procedures Page 11 of 12 PC Policies and Procedures October 12,2023 These policies and procedures and all subsequent amendments shall be provided to the City Recorder by the Planning Division Secretary and copies shall be furnished to each member of the Commission in electronic form. Approved by the Planning Commission on October 11, 2023 Recorded on October 12, 2023 by Aubrey Clark, Administrative Assistant. Page 12 of 12 PC Policies and Procedures October 12,2023