15 Staff Report - Planning Policies and ProceduresMEETING DATE: 11/16/98
ITEM NO.
COUNCIL AGENDA REPORT
DATE: November 12, 1998
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNE4/
SUBJECT: PLANNING COMMISSION POLICIES AND PROCEDURES:
A. CONSIDER ACCEPTING PROPOSED POLICY PROHIBITING PLANNING
COMMISSIONERS FROM MEETING WITH APPLICANTS AND OTHER
INTERESTED PARTIES OUTSIDE THE PUBLIC HEARING PROCESS.
B. CONSIDER ADOPTING RESOLUTION APPROVING PLANNING COMMISSION
POLICIES AND PROCEDURES.
RECOMMENDATION:
1. Accept proposed policy prohibiting Planning Commissioners from meeting with applicants and other interested
parties outside the public hearing process.
2. Adopt resolution approving Planning Commission Policies and Procedures.
DISCUSSION:
On November 2, 1998, Council considered this matter and directed the Town Attorney to make changes for subsequent
consideration. Two alternatives are offered. The first (Attachment 1) adds an exception allowing for attendance at
meetings of the Town Council and its subordinate bodies such as CDAC, DRC, the General Plan Committee, etc. The
second (Attachment 2) is a substantial modification that adds to the above exception an explanation of "incidental
contacts" that would allow contacts outside of the public hearing process that are not intended to influence
Commissioners. The policy would further require the public disclosure of incidental contacts. This second version
responds to the challenge posed by some of the comments at the November 2 meeting about a policy aimed more at
discussion intended to influence the approval process.
The Planning Commission Policies and Procedures presented on November 2 have been further modified to correct
minor procedural matters, including the amendment of section 13.2 to delete reference to Commissioners attending
neighborhood meetings. The final version of the Policies and Procedures is not attached in light of the options discussed
above. Should Council approve either version of the policy tonight, Council may act on the resolution simply by
indicating in the motion that it is approved consistent with either Attachment 1 or 2 to this staff report.
Attachments:
1. Text of proposed policy, option 1
2. Text of proposed policy, option 2
3. Resolution adopting Commission Policies and Procedures (w/o Exhibit A)
Distribution: Members of the Planning Commission
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
Reviewed by: ia,L, Manager V Finance Revised: 11/12/98 12:49 pm
Reformatted: 10/23/95 File# 301-05
OPTION 1
PLANNING COMMISSION POLICIES AND PROCEDURES
Insert new section 4.2 to read as follows:
4.2 In order to avoid the appearance of bias or impropriety, individual Commissioners are
prohibited from discussing, outside of the public hearing process, the substance of any
project with project proponents, opponents and other interested parties. This prohibition
shall apply to all projects, whether conceptual or proposed, that can be considered by the
Commission in reviewing an application, on appeal or on remand. Incidental contacts
that do not address the substance of any project are not prohibited. Ad hoc meetings of
less than a quorum of the Commission are prohibited, unless specifically authorized by
the Town Council. Study sessions are encouraged as a means of facilitating informal
communication. Participation in or attendance at meetings of the Town Council or any
subordinate bodies are not prohibited. Individual Commissioners who have had
prohibited discussions shall recuse themselves from consideration of the project.
_ACHMENT 1
OPTION 2
PLANNING COMMISSION POLICIES AND PROCEDURES
Insert new section 4.2 to read as follows:
4.2 In order to avoid the appearance of bias or impropriety, individual Commissioners
are prohibited from discussing, outside of the public hearing process, the
substance of any project with project proponents, opponents and other interested
parties. This prohibition shall apply to all projects, whether conceptual or
proposed, that can be considered by the Commission in reviewing an application,
on appeal or on remand. Ad hoc meetings of less than a quorum of the
Commission are prohibited, unless specifically authorized by the Town Council.
Individual Commissioners who have engaged in prohibited discussions shall
recuse themselves from consideration of the project.
Incidental contacts that do not address the substance of any project are not prohibited.
Incidental contacts are those that are not reasonably understood to influence a
Commissioner's decision, and include speaking with an interested party to obtain
approval to enter a property and to obtain information intended to orient the
Commissioner about the physical aspects of the property or a project. Participation in or
attendance at meetings of the Town Council or any subordinate bodies are not prohibited.
Study sessions are encouraged as a means of facilitating informal communication.
Amend renumbered section 4.3 to read as follows:
4.3 Property visits by individual Commissioners are encouraged before the Commission
meeting. If it is important to the decision, Commissioners should introduce at the public
hearing any evidence observed at the property. Commissioners shall also disclose any
incidental contacts with interested parties, and the nature of the contact. Upon opening
the public hearing and prior to receiving any public testimony, the Chair shall ask each
Commissioner to introduce any relevant evidence obtained outside the public hearing,
including that observed at the property.
ACHMENT rj
RESOLUTION NO.
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING PLANNING COMMISSION POLICIES AND PROCEDURES
WHEREAS:
A. On June 29, 1983, the Town Planning Commission adopted Policies and Procedures
governing the conduct of Commission meetings. These Policies and Procedures were revised on
May 8, 1985, on November 18, 1987, and on September 22, 1993. These Policies and Procedures
have not been reviewed or approved by the Town Council; and
B. On October 19, 1998, the Town Council directed the Town Attorney to draft a policy
regarding contacts occurring outside the public hearing process between members of the
Commission and persons interested in projects that are or might be under consideration by the
Commission. Adoption of that policy requires revision of the Planning Commission Policies and
Procedures; and
C. Council finds that the Policies and Procedures contained in Exhibit "A" attached
hereto reflect its view of the proper conduct of Planning Commission meetings.
RESOLVED:
1. Council hereby approves the Planning Commission Policies and Procedures attached
hereto as Exhibit A.
1
_ACHME NT 3
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California held on the day of , 1998, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NAATY\PCNOTALK.RES
2
INTERNAL TRACKING
.�JMPLETE AND INITIAL EACH S i _I
ACTION
AGENDA ITEM:
DESCRIPTION: --,119
RESO/ORD NUMBER:
DATE
LIST IN BOOK
ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED -
SUMMARY Y/N
DATE of Publication.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
/
//i<
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
PROOF OF MAILING SENT:
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN OUR FILE.
i'
,a, ft
FILE IN VAULT
SEND FOR CODIFICATION IF ORDINANCE !
cIk fonbrdte.2
RESOLUTION NO. 1998-187
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING PLANNING COMMISSION POLICIES AND PROCEDURES
WHEREAS:
A. On June 29, 1983, the Town Planning Commission adopted Policies and Procedures
governing the conduct of Commission meetings. These Policies and Procedures were revised on May
8, 1985, on November 18, 1987, and on September 22, 1993. These Policies and Procedures have
not been reviewed or approved by the Town Council; and
B. On October 19, 1998, the Town Council directed the Town Attorney to draft a policy
regarding contacts occurring outside the public hearing process between members of the Commission
and persons interested in projects that are or might be under consideration by the Commission.
Adoption of that policy requires revision of the Planning Commission Policies and Procedures; and
C. Council finds that the Policies and Procedures contained in Exhibit "A" attached
hereto reflect its view of the proper conduct of Planning Commission meetings.
RESOLVED:
1. Council hereby approves the Planning Commission Policies and Procedures attached
hereto as Exhibit A.
1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California held on the l 6th day of November, 1998, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Jan Hutchins.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Jan Hutchins
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
TOWN OF LOS GATOS
PLANNING COMMISSION POLICIES AND PROCEDURES
Adopted June 29, 1983
Revised 5/8/85; 11/18/87; 9/22/93, 11/16/98
1.0 Planning Commission Meeting:
1.1
Planning Commission meetings start promptly at 7:30 p.m. with a ten (10) minute break at
approximately 9:30 p.m., and adjourn at 11:30 p.m., unless there is a motion to continue past 11:30.
The agenda is frequently heavy and not all items can be heard within this time frame.
1.2 Agenda Format:
a. Roll Call
b. Approval of Minutes
c. Written Communications
d. Verbal Communications (Audience)
e. Requested Continuances
f. Report from Planning Director
g. Consent Calendar
h. Continued Public Hearings
New Public Hearings
j. Continued Other Business
k. New Other Business
1.3 The format for each agenda item is:
a. Staff report
b. Presentation by the applicant
c. Testimony by the public, including Commissioners
d. Closing remarks by the applicant responding to any new information presented by staff or the
public or to Commission comments
e. Commission motion, discussion and decision
1.4 The Chair and the Planning Director will estimate the amount of time for each item and the times will
appear only on the Commissioners' copies of the agenda. Each Commissioner is responsible for
helping the Chair hold to the times listed on the agenda.
1.5 Applicants are asked to keep their presentations brief, preferably no more than five minutes.
Questions by the members of the Commission do not count against the time.
1.6 Members of the public addressing the Planning Commission should be instructed to give their
name and full address and to please speak into the microphone as all meetings are recorded.
1.7 Members of the public who wish to speak on any items are asked to be brief and to limit their
comments to three minutes. If any Commissioner cannot hear the name of the speaker, that person
should be asked to spell the name. This request should go through the Chair.
1.8 At the discretion of the Chair, in order to speed the transcribing of the Minutes and ensure correct
spelling of names and addresses, after speaking, the members of the public are encouraged to sign
on the forms next to the recording secretary. Each speaker should write name and full address and
list the agenda item of concern.
L 1 t
t oft a
PLANNING COMMISSION POLICIES AND PROCEDURES -- 2
June 29, 1983 - Revised 5/8/85; 11/18/87; 9/22/93, 11/16/98
Speakers should address all comments and questions through the Chair.
Speakers shall not address the Commission from their seat.
The public should be encouraged to refrain from applause or other signs of approval or disapproval
as this consumes time and doesn't contribute anything to the Commission's knowledge of the facts
needed for decision -making.
1.12 Speakers should not speak more than once so that others may have a turn. If time permits, the
Chair may allow a speaker to make additional comments after everyone has had a turn.
1.13 Staff reports with plans are posted in the lobby of the Council Chambers.
1.14 Plans are only posted in the Council Chambers for non -consent items.
2.0 Commissioner's Conduct at Meeting:
2.1 Consensus motions are used to indicated the sense of the Commission and are non -action motions.
Commissioners are encouraged to offer consensus motions in order to focus on specific issues within
a larger item or to indicate the sense of the Commission.
2.2 Motions should be very crisp. If findings are required, not only must findings be stated, but also the
reasons behind the findings.
2.3 Motions shall begin with the words "I move ... ".
2.4 Commissioners should not debate or offer opinions on the merits of the project when:
a. asking questions of staff;
b. asking questions of applicant(s);
c. asking questions of the audience.
The sequence of asking questions should normally be:
1. questions of staff;
2. questions of the applicant(s) or audience;
3. questions of the applicant(s) responding to the audience.
Then, and only then, Commission debates.
2.5 Commissioners should be considerate of people's feelings and should not place pressure upon the
speakers in an attempt to elicit or clarify a response.
2.6 Procedural questions should be asked of staff or asked of an experienced Planning Commissioner
well ahead of the meeting rather than voicing them during the meeting.
2.7 Commissioners should avoid extended discussion of relatively minor points or items.
PLANNING COMMISSION POLICIES AND PROCEDURES -- 3
June 29, 1983 - Revised 5/8/85; 11/18/87; 9/22/93, 11/16/98
2.8 Each speaker should talk into the microphone loudly so that the audience can hear. Commissioners
who cannot hear a speaker should so indicate to the Chair.
2.9 Comments or questions pertaining to items not on the agenda should be addressed to staff before
or after the meeting, or at the break.
2.10 It is not necessary for each Commissioner to repeat his/her argument just because another
Commissioner spoke against it.
2.11 Other than appeals, staff reports outlining recommendations for approval or denial are
recommendations only and should be referred to only in this manner.
2.12 Commissioners should not talk before being recognized by the Chair and should not talk at the same
time as another Commissioner who has been recognized.
2.13 Commissioners should avoid asking to speak at the last minute, when the Commission is preparing
to vote.
2.14 A Commissioner should prepare a motion so that it is complete, clear, and concise. It is advisable
to write down a motion during the meeting, prior to stating ft.
2.15 Commissioners should not make a motion until after the Chair has terminated public discussion.
Once the Chair has closed the public hearing, it shall not be reopened absent compelling
circumstances.
2.16 When asking questions of staff or the applicant, Commissioners should ask single, simple questions,
one at a time, rather than a multi -barrel barrage. This will allow staff or the applicant to give concise
answers.
2.17 Commissioners should not make editorial comments unrelated to the issue being heard.
2.18 Commissioners should not discuss pending hearing items during the break, nor give the appearance
of using the break in order to discuss a pending item.
3.0 Absences:
3.1 A Commissioner who expects to be absent should notify the Chair and/or the Planning Department
prior to the meeting.
3.2 Town Policy provides that a Commissioner with three consecutive unexcused absences is subject
to removal from the Commission.
3.3 If a Commissioner expects to be absent at two or more consecutive regular meetings, he/she should
write a note to the Chair, stating the reasons for the absences and request that they be shown as
excused absences.
3.4 If a Commissioner expects to be absent for three or more consecutive regular meetings, he/she
should also address a letter to the Mayor and Town Council stating the reasons for the absence. A
Commissioner should notify the Council if he or she expects to be out of the country.
PLANNING COMMISSION POLICIES AND PROCEDURES -- 4
June 29, 1983 - Revised 5/8/85; 11/18/87; 9/22/93, 11/16/98
3.5 Whenever a Commissioner is absent for any part of a public hearing that is subsequently continued
to another date, that Commissioner is ineligible to vote on that matter at the continued hearing unless
he/she has listened to the tapes of the proceedings. Staff will keep track of absences and will notify
Commissioners when they need to listen to tapes. The individual Commissioner will then be
responsible for making arrangements with the Planning Department secretary to listen to the
appropriate tape(s) and for stating for the record at the continued hearing that he or she has (or has
not) listened to the tapes and is (or is not) eligible to participate and vote.
4.0 Field Trips and Evidence Outside Formal Hearings:
4,1 Applications before the Planning Commission involve quasi-judicial matters, legislative matters and
matters that have attributes of each. On quasi-judicial matters California law requires decisions to
be based on findings, and findings to be based on evidence presented at the hearing. Accordingly,
the actual decision of the Commission on a quasi-judicial matter must be supported by evidence
presented at the hearing, i.e. the staff report, testimony given during the hearing and comments from
other Commissioners. A Commissioner may not state or predetermine his or her decisions on an
application prior to the hearing.
4.2 In order to avoid the appearance of bias or impropriety, individual Commissioners are prohibited from
discussing, outside of the public hearing process, the substance of any project with project
proponents, opponents and other interested parties. This prohibition shall apply to all projects,
whether conceptual or proposed, that can be considered by the Commission in reviewing an
application, on appeal or on remand. Study sessions may be used as a means of facilitating informal
communication. Ad hoc meetings of less than a quorum of the Commission are prohibited, unless
specifically authorized by the Town Council. Individual Commissioners who have engaged in
prohibited discussions shall recuse themselves from consideration of the project.
Incidental contacts that do not address the substance of any project are not prohibited. Incidental
contacts are those that are not reasonably understood to influence a Commissioner's decision, and
include speaking with an interested party to obtain approval to enter a property and to obtain
information intended to orient the Commissioner about the physical aspects of the property or a
project. Participation in or attendance at meetings of the Town Council or any subordinate bodies are
not prohibited.
4.3 Property visits by individual Commissioners are encouraged before the Commission meeting. If it is
important to the decision, Commissioners should introduce at the public hearing any evidence
observed at the property. Commissioners shall also disclose any incidental contacts with interested
parties, and the nature of the contact. Upon opening the public hearing and prior to receiving any
public testimony, the Chair shall ask each Commissioner to introduce any relevant evidence obtained
outside the public hearing, including that observed at the property.
4.4 The Brown Act clearly applies to any field trip where a quorum of the Commission is present. It would
also apply if separate trips were pre -arranged for groups of Commissioners representing less than
a quorum. Accordingly, the best way to conduct a field trip is for the Commission to formally adjourn
one of its meetings to a specific time and place for that purpose, thereby dispensing with the
requirements for special notice to the media or neighbors.
PLANNING COMMISSION POLICIES AND PROCEDURES -- 5
June 29, 1983 - Revised 5/8/85; 11/18/87; 9/22/93, 11/16/98
4.5 If a Commissioner misses a regular meeting, the rule is that he/she may still vote on matters
discussed at the meeting, provided the tapes are listened to. If the Commissioner misses the official
field trip, he/she may not vote. Attendance at a field trip is mandatory to be eligible to vote.
5.0 Consent Items:
5.1 The Planning Commission acts on all items on the consent calendar in one motion.
5.2 Requests for discussion made after action has been taken on the consent calendar will not be
considered.
5.3 If at all possible, each Commissioner should discuss concerns on consent Items with staff before the
Commission meeting.
5.4 Before the Commission acts on the consent calendar, any person wishing to have a consent item
discussed may request Commission to remove ft from the consent calendar and hear it in normal
agenda order.
5.5 It is not necessary to remove an item from the consent calendar under the following circumstances:
a. Clarification regarding the recommended action, proposed conditions, or suggested findings
is requested, and the Chair determines that the discussion will be noncontroversial or minor.
b. A Commissioner proposes a change because of deficient or missing conditions or findings,
and the change is explicitly accepted by the Commission and the applicant.
5.6 If discussion beyond that described in sections 5.4 and 5.5 above is sought, then the item will be
removed from the consent calendar.
5.7 A Commissioner must state the specific reason for removing an item from the consent calendar.
6.0 Continuances:
6.1 Planning Commission Resolution No. 78-4, adopted May 10, 1978, states that the Planning
Commission "... will not accept requests for continuances from applicants on planning applications
after 12:00 noon of the Friday preceding any Commission meeting, provided, however, that the
Commission retains the right to make exceptions to this policy when it finds that a genuine emergency
exists which was not known to the applicant prior to 12:00 noon of the Friday prior to such
Commission meeting."
6.2 It is the responsibility of each Commissioner to keep staff reports and other materials necessary for
the continued hearing. The only exception is for items continued for an excessively long interval (9
months or a year). Staff will resubmit old reports only if the Commissioner requests a copy of an
earlier report, if he/she can make the necessary arrangements in a timely manner.
PLANNING COMMISSION POLICIES AND PROCEDURES -- 6
June 29, 1983 - Revised 5/8/85; 11/18/87; 9/22/93, 11/16/98
7.0 Findings:
7.1 Most matters that come before the Commission require findings. It is the practice of the Commission
(with the exception of consent items) that all findings are formulated by the Commission. The types
of matters requiring findings and the location of the findings to be made are summarized below:
Zonina Approvals
a.
b.
c.
d.
e.
f.
9.
h.
i•
k.
m.
n.
o.
p•
q•
r.
s.
t.
Zone changes and Planned Developments
Conditional Use Permit
1. Findings for CUPS:
2. Alternating Uses:
3. Density - Multiple Family Dwelling:
Variances
Architecture and Site Application
(Considerations)
1. Access to Remote Areas:
2. Demolition permits:
Historic applications
. Construction
2. Use
Tree permits
Nonconforming lots
Use of nonconforming buildings
Changing nonconforming uses
Expansion of nonconforming buildings
Determine nonconforming use is no
longer lawful
Exceed Floor Area Ratio
Conversion of Mobile Home Parks
Setbacks in C-2 zone
Reciprocal parking
Parking for major additions to
Single Family Dwellings (findings required for two spaces)
Waiver of underground utilities Town Code Section 27-50-025
Revocation or Modification of Zoning Approval Town Code Section 29.20.315
Roof Signs Town Code Section 29-10.125
Time Extensions Town Code Section 29.20.325
Citation
Statute
Town Code Section 29.20.190
Town Code Section 29.10.150
Town Code Section 29.40.635
Town Code Section 29.20.170
Town Code Section 29.20.150
Town Code Section 29.40.180
Town Code Section 29.10.09030
Subdivision Approvals
a.
b.
c.
Tentative Maps
Final Maps
Double Frontage Lots
General Plan Approvals
a.
b.
Other
a.
b.
c.
d.
e.
f.
General Plan amendments
Specific Plan adoption and amendments
Substantive Zoning Ordinance Amendments
Capital Projects
Acquisition or disposition of interests in land
Street Vacations
Negative Declaration and Environmental
Impact Report
Community Benefit for projects with
traffic impact
Town Code Section 29.80.290
Town C ode Section 29.80.230
Town Code Section 29.10.0990
Town Code Section 29.10.265(3)
Town Code Sections 29.10.235 &
29.10.240
Town Code Section 29.10.210
Town Code Section 2.10.225
Town Code Section 29.10.225
Town Code Section 29.40.075(c)
Town Code Section 29.20.820
Town Code Section 29.60.335
Town Code Section 29.10.150(e)
Town Code Section 29.10.150(h)
Map Act Section 66473 et seq
Map Act Section 66473 et seq
Town Code Section 24.50.130
Statute
Statute
Statute
Statute
Statute
Statute
CEQA Guidelines
Council resolution 1991-174
PLANNING COMMISSION POLICIES AND PROCEDURES -- 7
June 29, 1983 - Revised 5/8/85; 11/18/87; 9/22/93, 11/16/98
7.2 Findings cannot simply be a repeat of the ordinance sections, findings must be "sufficient to bridge
the analytical gap between the raw evidence and the decision."*
*Topanga Association for a Scenic Community vs. County of Los Angeles
(1974) 11 Ca1.3d 506, 515.
8.0 Environmental Impact Reports and Negative Declarations:
Environmental Impact Reports provide the Commission with very useful information for the decision
making process; however, they are not needed for most applications. In the few instances where an
EIR would be helpful, the Commission must make a decision on the issue of a Negative Declaration
or an EIR before discussion of an application.
In effect, the Commission will take a vote on whether or not the EIR issue should be determined
first. If the Commission votes to consider the EIR issue first, then testimony on issues concerning
the environmental impact will be heard. After hearing the applicant and public on the EIR issue, the
Commission will make its decision. If an EIR is required, further discussion of the application will be
continued until the EIR is presented to the Commission.
9.0 Voting:
9.1 A quorum of the Planning Commission for the conduct of business is 4 members.
9.2 A simple majority of a quorum is sufficient for action on any item coming before the Commission,
except that a majority of the full Commission is necessary for the following:
a) General Plan Amendments
b) Adoption of or amendment to a Specific Plan
c) Substantive amendment to the Zoning Ordinance including zone changes.
9.3 An abstention does not diminish the quorum in order for the Commission to conduct business.
9.4 An abstention is counted on the prevailing side of any vote. For example, if 4 Commissioners are
present and one abstains and the vote is 2 to 1 (in favor), the motion passes. If the vote is 1 to 2
(against), the motion fails.
9.5 Tie votes mean that the motion fails.
9.6 Since most Commission decisions are either wholly or in part quasi-judicial, in those cases where a
motion to approve an item fails, it is necessary to make a new motion to deny, since the findings for
denial need to be stated and cannot be assumed that they are simply the reverse of the findings
stated for approval.
9.7 The Commission elects its Chair and Vice -Chair annually at the second regular meeting in
February. The Planning Director is the permanent secretary of the Commission as specified in the
Town Code.
PLANNING COMMISSION POLICIES AND PROCEDURES -- 8
June 29, 1983 - Revised 5/8/85; 11/18/87; 9/22/93, 11/16/98
10,0 Abstentions:
10.1 The reason for an abstention should be given by the Commissioner at the time of the abstention; i.e.
absence during part of the hearing, conflict of interest (actual interest need not be disclosed) or
appearance of conflict of interest. There is seldom any other reason for abstaining.
10.2 A Commissioner may vote on the Minutes of a meeting at which he or she was absent.
11.0 Minutes:
11.1 The Minutes are not verbatim, but are action Minutes.
11.2 The Minutes are presented to the Planning Commission as "Draft Minutes" and any corrections are
incorporated into the final Minutes rather than appearing in the subsequent set of Minutes as
"corrections to ...".
11.2.1 Only substantive corrections should be made during meetings.
11.2.2 Corrections to mechanics (spelling, punctuation, typos, etc.) shall be transmitted to the Planning
Director or the Administrative Secretary in writing, by phone, or at a convenient time outside public
session.
11.3 General Rules:
11.3.1 Staff and Commissioners should be identified by title and name.
11.3.2 The vote on each item will list the vote of Commissioners present and will also list those
Commissioners absent. This is done because the Minutes are filed by Item and when a matter goes
to the Town Council they only receive the Minutes pertaining to the Item in question.
11.3.3 Consent Items appear in the Minutes in the same order as they appear on the agenda and the vote
on the Consent Item motion is repeated on each Item. If a Commissioner wishes to dissent on one
or more Consent Items it must be announced at the time of voting.
11.4 Content of Minutes:
11.4.1 The Minutes will include a brief description of the item being considered (usually a restatement of
the Item as it appears on the agenda).
11-4.2 The Minutes will include a listing of who speaks on the item by name and address, generally
categorized as pro and con with a synopsis of the points raised. Specific comments may not be
attributed to each speaker.
11-4.3 The Minutes will include the motion on the item with the maker and seconder identified and the vote.
11.4.4 The motion is shown in its entirety as restated by the Chair prior to the vote. All conditions and
findings made by the maker of the motion are also shown.
11.4.5 Motions to amend and subsequent motions are also shown.
PLANNING COMMISSION POLICIES AND PROCEDURES -- 9
June 29, 1983 - Revised 5/8/85; 11/18/87; 9/22/93, 11/16/98
11.4.6 All motions shall be listed in the Minutes. Motions not receiving a second will be shown to die for
lack of a second.
11.4.7 Comments and discussion made by a Commissioner or staff before a motion is made and seconded
are not included in the Minutes.
11.4.8 Comments made by a Commissioner when speaking to a motion are included, but in summary form
only.
11.4.9 Minority Reports. Comments made by a Commissioner against a motion will be included as stated
above and automatically becomes a minority report. If a Commissioner wants a specific statement
included as a minority report, it can be done in one of two ways:
a. By stating immediately prior to or after a specific comment made during the meeting that it
should be included in the Minutes.
b. By announcing at the end of the item before the next item is commenced that the
Commissioner desires to have a minority report included in the Minutes and that a written
report will be submitted to the full Commission for information and inclusion with the draft
Minutes.
11.4.10 If a Commissioner has an additional reason for wanting an item included in the Minutes, the
Commissioner should state that "for the record" the comments should be included. This procedure
should be used sparingly.
12.0 Recycling Program:
The Town is actively participating in recycling of paper. Commissioners are encouraged to:
a. Return the brown envelopes (in which the packet is delivered) to the secretary.
b. All Planning Commission reports dealing with issues that will go to Council should also be
given to the secretary.
c. All white paper that is no longer needed should be left in a neat pile on the floor or in the
recycling bin provided.
13.0 Guidelines for Applicants:
13.1 All drawings must be clear and legible and must include the following, if applicable:
13.1.1 Project location relative to nearest arterial and collector street intersection.
13-1.2 Direction Arrow (north) on all relevant drawings, i.e.: site, topography.
13.1.3 To avoid confusion and increase legibility, site plan, grading plans, and landscape plans should be
on separate drawings. Applicants should consult the Planning Department if they feel plans can be
combined. A Commissioner may move to continue an item based on illegible plans, provided that
such continuance will not result in automatic approval.
13.1.4 All building elevations should indicate whether they are N, S, E, or W.
PLANNING COMMISSION POLICIES AND PROCEDURES -- 10
June 29, 1983 - Revised 5/8/85; 11/18/87; 9/22/93, 11/16/98
13.1.5 All notations, including, dimensions, shall be readable without magnification whether reduced
drawings or not. (Scale of buildings, etc., and contours to be determined by staff to assist the
Commission for reviewing significant details.)
13.1.6 Any development which might have an impact on the solar accessibility of adjoining properties, all
PDs and multiple family projects shall provide building and tree shadow plans based on shadows
cast from 9 a.m. to 3 p.m. on December 21 st to allow for evaluation of solar access protection of
south roofs and walls.
13.1.7 All plant designations shall have common names as well as botanical names shown on Landscape
Plans.
13.2 After the first DRC meeting, and if the staff determines it is necessary (for instance, in the case of
applications for PD, multiple -residential, major commercial, industrial adjacent to a residential, or
any application requiring an EIR, or likely to engender neighborhood controversy), staff shall advise
the applicant to arrange to hold neighborhood meetings with both property owners and residents
who will be affected by the applicant's proposed project (within 300 feet). This shall be
accomplished prior to scheduling for a Planning Commission meeting and shall be for the purpose
of averting conflicts at the Planning Commission level, i.e.: achieving satisfactory compromises. A
summary of the neighborhood meeting should be included in the staff report.
13.3 Timing of Submissions:
Once an application is scheduled for the Planning Commission, all submittals (drawings, reports,
etc.) shall be provided to the Planning Department sufficiently in advance that they can be evaluated
by Staff for completeness and be in the Commissioner's packets the Friday before the
Commission's Wednesday meeting. Staff shall advise applicants that failure to provide materials on
time will mean a continuance by the Planning Commission or possible denial if applicant refuses a
continuance.
13.4 Town Policy for Handling Abandoned Applications:
13.4.1 Where there has been no activity for at least three (3) months, the applicants shall be notified in
writing that the matter is being set for public hearing before the Planning Commission with a
recommendation for denial.
13.4.2 If no additional response is received within 15 days of the date the letter is sent, or if the applicant
advises staff that he decides not to pursue it, the application will be set for public hearing for
denial/withdrawal as appropriate. No mailed notice will be made unless required by State law. The
legal advertisement and the agenda shall note the recommended action and reason for such action.
13.4.4 A request to extend the processing time can be granted by the Planning Director at any time before
the matter is set for public hearing. If after such an extension is granted, and there is still no
satisfactory action to complete the application, the matter will automatically be set for public hearing
as described under 2. above.
13.4.5 There shall be no fee refunds or off -sets on future applications.
PLANNING COMMISSION POLICIES AND PROCEDURES -- 11
June 29, 1983 - Revised 5/8/85; 11/18/87; 9/22/93, 11/16/98
13.5 Applications for Demolition of Housing:
Such applications shall be accompanied by a staff report prepared by Town Building Official which
assesses the condition of the housing units in terms of compliance with the Health and Safety
Codes (UBC, NEC, UPC, etc.) and what measures might be necessary to rehabilitate such housing.
13.6 Applications to cut down trees:
Such applications shall be accompanied by a report by the Superintendent of Parks and Forestry on
the health and viability of the trees and a recommendation on the action the Commission should
take.
13.7 Revocation and Modification Proceedings:
In Code Enforcement proceedings, the Planning Director is authorized to set public hearings for
revocation and/or modification of zoning approvals.
14.0 Planning Commission Committees:
The Commission has several standing committees, and individual Commissioners also represent
the Commission on a number of Council appointed committees as follows:
14.1 Commission Committees:
Architectural Standards/Hillsides Committee - 3 members
Noise Committee - Inactive
Policies and Procedures Committee - Inactive
14.2 Council created Committees:
Trails Committee - 1 member
General Plan Committee - 3 members
Liaison with Community Services Commission - 1 member with 1 alternate
Historic Preservation Committee - 2 members
Redevelopment Advisory Committee - 1 member with 1 alternate
Conceptual Development Advisory Committee - 3 members
Committee members are appointed by the Chair at the next Commission meeting following the
election. Committee terms are for one year.
N: \S HARE\POL ICIES. PC4
Town Council Minutes November 16, 1998
Redevelopment Agency Los Gatos, California
UNIVERSITY AVENUE 330/PLANNED DEVELOPMENT/ZONE CHANGE/Hearing Continued
Council Comments:
Ensure a unique development compatible with the neighborhood
Promote a grand compromise and consensus
Come to agreement on design
Establish the neighborhood compatibility as regards look and feel of design
Unit 5 does not fit the topography gracefully, units should be designed to take advantage
of the topography
Cut and fill should be eliminated
Basic safety issue with ingress and egress
Which neighborhood are we trying to replicate? The apartments or the houses or both?
What about six victorian apartments with twenty-two smaller units?
Operational traffic study for the community is a must
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, to return this project to the Planning
Commission to discuss all aspects of the project; to establish a meeting with the intent to build
consensus between neighborhood, Planning Commission and builder; to look at all of the
problems, all of the issues, and have the neighborhood and builder resolve the problems and
come to some consensus. This meeting will be a study session properly noticed for the Brown
Act.
RISK MANAGEMENT POLICIES AND PROCEDURES/RESOLUTION 1998-186 (14.14)
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1998-186
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING RISK
MANAGEMENT POLICIES AND PROCEDURES, and including the following amendment to
Exhibit A, Section I, First Sentence: "The Town Manager, Town Attorney, Department Heads
and/or their designees shall act as the Town's Risk Management Committee." Carried
unanimously.
PLANNING COMMISSION POLICIES AND PROCEDURES/RESOLUTION 1998-187 (15.47)
Mayor Hutchins stated that this was the time and place duly noted to consider accepting
proposed policy prohibiting Planning Commissioners from meeting with applicants and other
interested parties outside the public hearing process and adopting resolution approving Planning
Commission policies and procedures.
The following people from the audience spoke to this issue:
Jim Creighton, 142 Tait Ave, the principle of openness and visibility must be maintained but not
at the expense of practicality. Mechanisms should be established by which the Planning
Commission can openly and visibly discuss with applicants. Council must structure ways for this
openness of communications can occur.
Richard Stowers, 17179 Crescent Drive, appreciates the open communications in this community
that has been demonstrated historically by the Council and Planning Commission. The Town
representatives have consistently shown integrity and dedication and have not imposed any
special interests on the community.
Richard Minert, 255 University, spoke of the expense of architectural plans and the time
involved between client and architect and noted that the additive of a preliminary public study
session might prove helpful.
Bill Hirschman, 1540 Parkmoor Ave, San Jose, asked that a guide be made for the use of these
proposed meetings, that they be used sparingly but when developers feel a need for discussion
with the Commission and others affected by the project.
TC:D10:MM111698
6
Town Council Minutes November 16, 1998
Redevelopment Agency Los Gatos, California
PLANNING COMMISSION POLICIES AND PROCEDURES/CONT.
Speakers continued:
Maggie Creighton, 142 Tait Ave, spoke of flushing out issues, submitting alternatives, developing
scenarios, choosing options, creating consensus. Establish forums where public and planners get
together and problem solve. Always invite the public so meetings represent all interested parties.
Gary Schloh, has always felt free to discuss with neighbors and commissioners the different
aspects of his projects.
No one else from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council accept proposed policy
prohibiting Planning Commissioners from meeting with applicants and other interested parties
outside the public hearing process. This policy is Option 2 in the staff report with the following
correction to the last sentence in Section 4.2, "Study sessions may be used as a means to
facilitating informal communication." That sentence will be inserted after the second sentence
in Section 4.2 which ends with the word "remand." Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1998-187
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANNING
COMMISSION POLICIES AND PROCEDURES, which will include Option 2 in the staff report
with the correction noted in the previous motion. Carried unanimously.
DOWNTOWN OPERATIONAL TRAFFIC STUDY/SCOPE OF WORK (16.40)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, to approve the full scope of work in the staff
report for the downtown operational traffic study prepared by Town Traffic Engineer, Mark
Wessel. Carried unanimously.
DOWNTOWN PARKING ISSUES (17.39)
Mayor Hutchins stated that this was the time and place duly noted to consider Chamber of
Commerce volunteer Business Action Plan; Parking Commission short term parking solutions;
Valet Parking requests from Lyndon Plaza and Old Town.
The following people from the audience spoke to this issue:
Rex Morton, 51 University Ave, asked Council to support the Chamber's proposal and for
cooperation between the residential and business neighborhoods.
Kent Cooper, 718 University Ave, Ste 217, Cooper & Company, spoke in support of the
Chamber's proposal and noted that many others had attended in support but had to leave the
meeting earlier.
Maggie Creighton, 142 Tait, asked for clarity regarding the proposal, such as: Articles in the
Weekly to let more people know about it; Where are the people going to park? Where are the
designated areas? Why were those areas identified? What was the rationale? How long will
these areas be targeted for overflow parking? What are the specifics of the parking structures
proposed? Have the impacted neighborhoods been assessed of those specifics? The
neighborhoods must be kept abreast of the preparations for long term parking solutions. The
Neighborhood Captains and Block Captains need to be better prepared on what is occurring and
what the expectations are and they need to discuss this with their neighbors and return this
information to the Chamber so that the Chamber can garner the appropriate support from the
residential neighborhoods.
Kurt Lemons, 54 N. Santa Cruz, addressed the Chamber's parking program and explained how
the business owners were instructed to inform their personnel of parking etiquette in the
residential neighborhoods.
TC:D10:MM111698
7
IS ut i1cg'
01.ub
Although there may be disagreement with the Town Council on an issue, once the
Council has established its position, the commission, committee or board, or
individual members, should not do anything contrary to established policies and
programs adopted by the Town Council. If the appointed individual would like to
discuss the Council's action, they should contact the staff person responsible for their
advisory body.
Business transacted with the Council should be in writing from the body as a whole
and forwarded through staff who will then forward it to the Town Manager's Office.
The Town Manager will review all reports, findings and recommendations and
forward to the Council those matters within its province.
4 Whenever a commission, committee or board has an item before the Town Council,
a representative of that body shall usually be present at the Council meeting.
Letters from commissions, committees or boards, addressed to the public or other
agencies and concerning official positions being taken, must first be forwarded to the
Town Council for approval before being mailed. Letters from individual commission,
board, or committee members to either the public or the media regarding issues that
are within the jurisdiction of that commission, board, or committee should be
distributed to the other members and the Council as a matter of courtesy.
When a member of an advisory body addresses the Town Council at a public
meeting, it should be made clear whether the member is speaking on behalf of the
advisory body or as an individual citizen.
Commissions, committees and boards and their individual members should not
attempt to predict Council action, either publicly or privately. However, they may,
and should, interpret Council policies or identify trends in Council thinking.
D. Relationship with the Public
Members are encouraged to become aware of public opinion relating to their field
of influence. They should welcome citizen input at meetings and ensure that the
rules and procedures for these Public Hearings are clearly understood.
Members should conduct themselves at public meetings in a manner that is fair,
understanding and gracious. Members should be considerate of all interests,
attitudes and differences of opinion. They should also take care to observe the
appearance as well as the principle of impartiality.
Members shall not accept any gifts from applicants or other persons concerned with
matters which have been or might come before the commission, committee or board.
Except for very limited exceptions such as from a close member of the family,
members are prohibited from receiving gifts totalling more than $280 during a single
calendar year from a single source.
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