2010120613 - appointments to the boards, commissions, and committees chair and vice chair�pWN uF MEETING DATE: 12 /6/10
ITEM NO:
.,.
13
COUNCIL AGENDA REPORT
DATE: NOVEMBER 17, 2010
TO: MAYOR AND TOWN COUNCIL ,l /
FROM: GREG LARSON, TOWN MANAGER �/
SUBJECT: ADOPT RESOLUTIONS RESCINDING RESOLUTIONS 2001 -42 AND 1998 -49
AND TO ADOPT NEW RESOLUTIONS TO AMEND THE APPOINTMENT OF
BOARDS /COMMISSION /COMMITTEE CHAIRS AND MEMBERS
PROCEDURES
RECOMMENDATION
Rescind Resolutions 2001 -42 and 1998 -49 and adopt attached resolutions to amend the Planning
Commission Policies and Procedures regarding the appointment of the Chair and Vice -Chair of the
Planning Commission, representatives for the Conceptual Development Advisory Committee and
the General Plan Committee, and to change the member status of committees represented by the
Planning Commission.
BACKGROUND
The Planning Commission has requested that the timing of appointing their Chair and Vice -Chair
be moved a month earlier. Based on comments raised by the Parks Commission, and the
Transportation and Parking Commission during the General Plan update process, the Town
Council may want to consider rotating members of these Commissions onto the General Plan
Committee to fill the position currently assigned to the Community Services Commission. In
order to facilitate these changes the enabling Resolutions 2001 -42 and 1998 -49, need to be
rescinded and replaced with new resolutions to incorporate these changes. Council may also want
to consider changing the authority for appointing the Planning Commission representatives to the
Conceptual Development Advisory Committee (CDAC) and the General Plan Committee (GPC)
from the Planning Commission Chair to the Town Council.
PREPARED BY : 1wendie R. Rooney, Director of Community Development
Reviewed by: - LSV Assistant Town Manager own Attorney
Clerk Administrator Finance AY Development
Develo ment
N:\DEV \TC REPORTS\2010\PC Procedure. 12-6- 10 TC Mtg.docx Refonnatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PLANNING COMMISSION POLICIES AND PROCEDURES
December 1, 2010
DISCUSSION
The following is a discussion of the possible changes to the Planning Commission Policies and
Procedures and the enabling resolution for the General Plan Committee.
A. Planning Commission Policies and Procedures
Chair and Vice -Chair Appointments - Section 9.7 of the Planning Commission Policies and
Procedures states that the Commission shall elect its Chair and Vice -Chair annually at the
second regular meeting in February. Based on the Planning Commission's request, staff is
recommending that the timing of the election be moved to any meeting in January. The basis
for this recommendation is as follows: 1) Moving the date earlier will align closer with the
appointment of new Commission Members and the election of the Mayor and Vice- Mayor;
and 2) The resolutions regarding the GPC, CDAC, and the Historic Preservation Committee
all state that the term of office for those Chairs and Vice - Chairs shall begin on February 1.
Based on the present timing of appointments, the current term commencement dates occur
before the Planning Commission is directed to elect its own Chair and Vice - Chair, and before
the new Chair of the Planning Commission appoints representatives to the various
Committees. Therefore, the term of office for the Committees is not consistent for the
Planning Commissioners appointed to these Committees.
Representatives for the CDAC and GPC - Section 14.2 of the Planning Commission Policies
and Procedures states that the Chair of the Planning Commission appoints the Commission's
representatives for the CDAC and GPC. However, the Town Council Code of Conduct Policy
states that ".....The Town Council appoints individuals to serve on boards, commissions and
committees...." If Town Council has an interest to appoint the Planning Commission
representatives for these other Committees as with other boards and commissions, then the
Planning Commission Policies and Procedures must be amended to reflect this change.
Member status of Commission and Council appointed Committees - Sections 14.1 and 142 of
the Planning Commission Policies and Procedures erroneously states that the Planning
Commission has representatives on the Trails Committee, Community Services Commission,
the Redevelopment Advisory Committee, and the Architectural Standards /Hillside Committee.
The Planning Commission has either been removed from being a representative of these
Committees over the past several years or the committee is now inactive. Staff is
recommending that this section be corrected to accurately reflect what committees the
Planning Commission represents.
B. General Plan Committee Enabling Resolution
Appointment and term of office — The current resolution states that one of the members of the
GPC shall be a member of the Community Services Commission. During the General Plan
update, the Parks Commission and the Transportation and Parking Commission expressed a
concern that they were not represented on the GPC. Rather than increasing the GPC by two
new members, staff recommends as an alternative, that the Town Council could alternate the
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: PLANNING COMMISSION POLICIES AND PROCEDURES
December 1, 2010
appointment of this one position to either the Community Services Commission, Parks
Commission, or Transportation and Parking Commission, depending on the issues prevalent at
the time of appointment of new representatives. Since the appointment would be based on the
issues prevalent at the time, staff also recommends that the Town Council determine the term
of office for this member. If Town Council determines that the rotation of these Committee
representatives has merit, the composition of the GPC members in the enabling resolution
requires an amendment.
CONCLUSION
Staff recommends that Town Council adopt the resolution rescinding Resolution 2001 -42 and to
adopt a new resolution to incorporate changes to the Planning Commission Policies and
Procedures as discussed above (Attachment 1 or Attachment 2). Attachment 1 includes the
change that Town Council appoints the Planning Commission representatives to the CDAC and
the GPC, Attachment 2 does not include the Town Council appointment change. Staff further
recommends that the Town Council adopt the resolution rescinding Resolution 1998 -49 and to
adopt a new resolution to incorporate changes for the GPC as discussed above if Town Council
finds merit with this change (Attachment 3).
ENVIRONMENTAL ASSESSMENT
It has been determined that this project could not have a significant impact on the environment;
therefore, the project is not subject to the California Environmental Quality Act. (Section
15061(b)).
FISCAL IMPACT
There is no fiscal impact to the Town.
Attachments:
1. Resolution amending Planning Commission Policies and Procedures (which includes the
modification that the Town Council appoints representatives to the CDAC and the GPC).
2. Resolution amending Planning Commission Policies and Procedures (which does not include
the modification that the Town Council appoints representatives to the CDAC and the GPC).
3. Resolution amending the composition of the General Plan Committee.
THIS PAGE
INTENTIONALLY
LEFT BLANK
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING PLANNING COMMISSION
POLICIES AND PROCEDURES AND RESCINDING
RESOLUTION 2001 -42
WHEREAS:
A. The Town Council has determined that it is in the best interest of the Town to
change the month of appointing a Chair and Vice Chair of the Commission from the second
regular meeting in February to any meeting in January. The appointment schedule is noted in
Section 9.7 of the Town of Los Gatos Planning Commission Policies and Procedures.
B. The Town Council has determined that the Council shall appoint the
representatives of the General Plan Committee and the Conceptual Development Advisory
Committee. The Council further finds that the Committees represented by the Planning
Commission shall be updated to reflect the current status of these Committees. The Planning
Commission committees are noted in Sections 14.1 and 14.2 of the Town of Los Gatos Planning
Commission Policies and Procedures.
C. The Town of Los Gatos Planning Commission Policies and Procedures were last
amended on April 16, 2001, by Resolution No. 2001 -42.
RESOLVED:
That Resolution No 2001 -42 is hereby rescinded.
2. That Section 9.7 of the Town of Los Gatos Planning Commission Policies and
Procedures is hereby amended to read as follows:
9.7 The Commission elects its Chair and Vice -Chair annually at a meeting in January.
The Planning Director is the permanent secretary of the Commission as specified in the
Town Code.
Attachment 1
3. That Sections 14.1 and 14.2 of the Town of Los Gatos Planning Commission
Policies and Procedures is hereby amended to read as follows:
14.1 Commission Committees:
Architectural Standards /Hillsides Committee - Inactive
Noise Committee - Inactive
Policies and Procedures Committee - Inactive
14.2 Council created Committees:
General Plan Committee - 3 members
Historic Preservation Committee - 2 members
Conceptual Development Advisory Committee - 3 members
Committee members for the Historic Preservation Committee are appointed by the Chair
at the next Commission meeting following the election. Committee members for the
General Plan and Conceptual Development Advisory Committees are appointed by Town
Council. Committee terms are for one year.
4. All other sections remain unchanged.
The revised Town of Los Gatos Planning Commission Policies and Procedures
are attached hereto and by this reference incorporated herein as Exhibit "A."
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California held on the sixth day of December, 2010, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:.
ABSENT:
ABSTAIN
SIGNED:
ATTEST:
NADEV \RESOS\PCReso Amending Po1icies &Procedures2010.docx
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; 4/16/01; 12/6/10
1.0 Planning Commission Meeting
1.1 Planning Commission meetings start promptly at 7:00 p.m. with a ten (10) minute break
at approximately 9:00 p.m., and adjourn at 11:00 p.m., unless there is a motion to
continue past 11:00 p.m. 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
i. 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.
EXHIBIT A
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.
1.9 Speakers should address all comments and questions through the Chair.
1.10 Speakers shall not address the Commission from their seat.
1.11 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 indicate 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.
23 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;
0)
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.
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 it.
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.
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.
0
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.
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 it 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:
5
a. Clarification regarding the recommended action, proposed conditions, or
suggested' findings is requested, and the Chair determines that the discussion will
be non - controversial 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.
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:
Zoning Approvals
a. Zone changes and Planned Developments
b. Conditional Use Permit
1. Findings for CUPS:
2. Alternating Uses:
3;- Density Multiple Family Dwelling:
c. Variances
d. Architecture and Site Application
(Considerations)
1. Access to Remote Areas:
2. Demolition permits:
e. Historic applications
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
ON
1. Construction
2. Use
f. Tree permits
g. Nonconforming lots
h. Use of nonconforming buildings
Town Code Section 29.80.290
Town Code Section 29.80.230
Town Code Section 29.10.0990
Town Code Sectin 29.10.265(3)
Town Code Sections 29.10.235 &
29.10.240
i.
Changing nonconforming uses
Town Code Section 29.10.210
j.
Expansion of nonconforming buildings
Town Code Section 29.10.225
k.
Determine nonconforming use is no
Town Code Section 29.10.225
longer lawful
1.
Exceed Floor Area Ratio
Town Code Section 29.40.075(c)
m,
Conversion of Mobile Home Parks
Town Code Section 29.20.820
n.
Setbacks in C -2 zone
Town Code Section 29,60.335
o..
Reciprocal parking
Town Code Section 29.10.150(e)
p.
Parking for major additions to
Town Code Section 29.10.150(h)
Single Family Dwellings (findings required for two spaces)
q.
Waiver of underground utilities
Town Code Section 27,50.025
r.
Revocation or Modification of Zoning Approval
Town Code Section 29.20.315
s.
Roof Signs
Town Code Section 29.10.125
t.
Time Extensions
Town Code Section 29.20.325
7.2
:1
Subdivision Approvals
a. Tentative Maps
b. Final Maps
c, Double Frontage Lots
Map Act Section 66473 et seq
Map Act Section 66473 et seq
Town Code Section 24.50.130
General Plan Approvals
a. General Plan amendments
b. Specific Plan adoption and amendments
Statute
Statute
Other
a. Substantive Zoning Ordinance Amendments
b, Capital Projects
c. Acquisition or disposition of interests in land
d. Street Vacations
e, Negative Declaration and Environmental
Impact Report
f. Community Benefit for projects with
traffic impact
Statute
Statute
Statute
Statute
CEQA Guidelines
Council resolution 1991 -174
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 Cal.3d 506, 515.
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
7
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 four 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 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 four
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 a meeting in January. The
Planning Director is the permanent secretary of the Commission as specified in the Town
Code.
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.
L
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
10
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.
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
11
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 10 above.
13.4.5 There shall be no fee refunds or off -sets on future applications.
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 - Inactive
Noise Committee - Inactive
Policies and Procedures Committee - Inactive
14.2 Council created Committees:
General Plan Committee 3 members
Historic Preservation Committee - 2 members
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:\DEV\PCIPC PoliciesUrocedures.l.docx
12
RESOLUTION
RESOLUTION OF THE TOWN.COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING PLANNING COMMISSION
POLICIES AND PROCEDURES AND RESCINDING
RESOLUTION 2001 -42
WHEREAS: .
A. The Town Council has determined that it is in the best interest of the Town to
change the month of appointing a Chair and Vice Chair of the Commission from the second
regular meeting in February to any meeting in January. The appointment schedule is noted in
Section 9.7 of the Town of Los Gatos Planning Commission Policies and Procedures.
B. The Town Council has determined that the Committees represented by the
Planning Commission shall be updated to reflect the current status of these Committees. The
Planning Commission committees are noted in Sections 14.1 and 14.2 of the Town of Los Gatos
Planning Commission Policies and Procedures.
C. The Town of Los Gatos Planning Commission Policies and Procedures were last
amended on April 16, 2001, by Resolution No. 2001 -42,
RESOLVED:
1. That Resolution No 2001 -42 is hereby rescinded.
2. That Section 9.7 of the Town of Los Gatos Planning Commission Policies and
Procedures is hereby amended to read as follows:
9.7 The Commission elects its Chair and Vice -Chair annually at a meeting in January.
The Planning Director is the permanent secretary of the Commission as specified in the
Town Code.
That Sections 14.1 and 14.2 of the Town of Los Gatos Planning Commission
Policies and Procedures is hereby amended to read as follows:
14.1 Commission Committees:
Attachment 2
Architectural Standards /Hillsides Committee - Inactive
Noise Committee - Inactive
Policies and Procedures Committee - Inactive
14.2 Council created Committees:
General Plan Committee - 3 members
Historic Preservation Committee - 2 members
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.
4. All other sections remain unchanged.
5. The revised Town of Los Gatos Planning Commission Policies and Procedures
are attached hereto and by this reference incorporated herein as Exhibit "A."
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California held on the sixth day of December, 2010, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
ATTEST:
NADEV \RESOS\PCReso Amending Policies &Procedures2010.1.docx
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; 4/16/01; 12/6/10
1.0 Planning Commission Meeting
1.1 Planning Commission meetings start promptly at 7:00 p.m. with a ten (10) minute break
at approximately 9:00 p.m., and adjourn at 11:00 p.m., unless there is a motion to
continue past 11:00 p.m. 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
i. 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.
EXHIBIT A
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.
1.9 Speakers should address all comments and questions through the Chair.
1.10 Speakers shall not address the Commission from their seat.
1.11 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;
OA
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.
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 b: 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.
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.
11
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.
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 it 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:
5
a. Clarification regarding the recommended action, proposed conditions, or
suggested findings is requested, and the Chair determines that the discussion will
be non- controversial 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.
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:
Zoning Approvals
a. Zone changes and Planned Developments
b. Conditional Use Permit
1. Findings for CUPS:
2. Alternating Uses:
3. Density - Multiple Family Dwelling:
c. Variances
d. Architecture and Site Application
(Considerations)
1. Access to Remote Areas:
2. Demolition permits:
e. Historic applications
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
ro
I . Construction
2. Use
f. Tree permits
g. Nonconforming lots
h. Use of nonconforming buildings
Town Code Section 29.80.290
Town Code Section 29.80.230
Town Code Section 29.10.0990
Town Code Sectin 29.10.265(3)
Town Code Sections 29.10,235 &
29,10.240
i.
Changing nonconforming uses
Town Code Section 29.10.2 10
j.
Expansion of nonconforming buildings
Town Code Section 29,10.225
k.
Determine nonconforming use is no
Town Code Section 29.10.225
longer lawful
1.
Exceed Floor Area Ratio
Town Code Section 29.40.075(c)
m.
Conversion of Mobile Home Parks
Town Code Section 29.20.820
n.
Setbacks in C -2 zone
Town Code Section 29.60,335
o.
Reciprocal parking
Town Code Section 29.10.150(e)
p.
Parking for major additions to
Town Code Section 29.10.150(h)
Single Family Dwellings (findings required for two spaces)
q.
Waiver of underground utilities
Town Code Section 27.50.025
r.
Revocation or Modification of Zoning Approval
Town Code Section 29.20.315
s.
Roof Signs
Town Code Section 29.10.125
t.
Time Extensions
Town Code Section 29.20.325
7.2
:1
Subdivision Approvals
a.- Tentative Maps
b. Final Maps
c. Double Frontage Lots
Map Act Section 66473 et seq
Map Act Section 66473 et seq
Town Code Section 24.50.130
General Plan Approvals
a. General Plan amendments
b. Specific Plan adoption and amendments
Statute
Statute
Other
a. Substantive Zoning Ordinance Amendments
b. Capital Projects
c. Acquisition or disposition of interests in land
d. Street Vacations
e. Negative Declaration and Environmental
Impact Report
f. Community Benefit for projects with
traffic impact
Statute
Statute
Statute
Statute
CEQA Guidelines
Council resolution 1991 -174
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.
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
h
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'.
93 The Commission elects its Chair and Vice- Chair annually at a meeting in January. The
Planning Director is the permanent secretary of the Commission as specified in the Town
Code.
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 ate 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.
113.3 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.
11
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
10
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,
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 21st 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 Plamiiing 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
11
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.
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 - Inactive
Noise Committee - Inactive
Policies and Procedures Committee - Inactive
14.2 Council created Committees:
General Plan Committee - 3 members
Historic Preservation Committee - 2 members
Conceptual Development Advisory Committee - 3 members
12
Committee members for the Historic Preservation Committee are appointed by the Chair
at the next Commission meeting following the election. Committee members for the
General Plan and Conceptual Development Advisory Committees are appointed by Town
Council. Committee terms are for one year. I
N:WEW C PC Policies &Procedures.2.docx
13
THIS PA GE
INTENTIONALLY LEFT BLANK
GENERAL PLAN COMMITTEE
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CHANGING THE COMPOSITION OF THE GENERAL PLAN COMMITTEE
TO ROTATE ONE MEMBER FROM THE COMMUNITY SERVICES COMMISSION,
PARKS COMMISSION, OR THE TRANSPORTATION AND PARKING COMMISSION
AND RESCINDING RESOLUTION 1998 -49
RESOLVED, by the Town Council of the Town of Los Gatos, that the Town Council
hereby formally establishes ,the General Plan Committee ( "Committee "). The Committee shall
be advisory to the Planning Commission and shall operate in the manner hereinafter prescribed.
1. Appointment and term of office
The Committee shall consist of nine (9) members. Three (3) members shall be members
of the Planning Commission, two (2) members shall be members of the Town Council,
one (1) member shall be an owner of property in the Town zoned and used for business
purposes with a Town business license, or a manager of a business with a place of
business in the Town, one (1) member shall alternate to either the Community Services
Commission, the Parks Commission or the Transportation and Parking Commission, and
two (2) members shall be residents of the Town. The business property owner or
business manager shall not be required to reside within the Town of Los Gatos. Town
Council shall determine in December which of the three Commissions (Community
Services, Parks or Transportation and Parking), shall alternate to serve on the Committee.
The terms of office of the Committee shall be at the discretion of the Mayor for Town
Council members and for the alternate member of the Community Services Commission
the Parks Commission or the Transportation and Parking Commission. The Chair of the
Planning Commission shall determine the terms of office for the Planning Commission
members. The public members shall be appointed by the Town Council and shall serve a
term of four (4) years.
2. Removal of public members: absence of members
The removal of the public members and the absence of members shall be governed in
accordance with the rules established by the latest Town Council resolution concerning
duties of members of Boards and Comissions of the Town of Los Gatos. Vacancies shall
be filled by appointment by a majority vote of the Town Council, and shall be for the
unexpired term of the office vacated.
3. Meetings_ quorums: officers
The Committee shall hold regular meetings at least once a month as deemed necessary by
the Planning Director. A majority of the Committee shall constitute a quorum for the
purpose of transacting the business of the Committee. The Committee shall elect a chair
and vice - chair, both of whom shall serve at the pleasure of the Committee. Terms of
office shall be for one year and shall begin on February 1 and continue through January
31 of the following year.
Attachment 3
4. Powers and Duties
The duties of the Committee shall be to report to, consult with, and provide assistance to
the Planning Commission and Town Council on all matters relating to the General Plan
or any specific Plan. The Committee must report to the Planning Commission prior to
any Commission meeting scheduled to discuss an application for a General Plan
Amendment.
5. Resolution not to affect powers of Town Council or Planning Commission
Nothing in this resolution shall be construed as restricting or curtailing any of the powers
of the Town Council or Planning Commission, or as a delegation to the Committee of any
of the authority or discretionary powers vested and imposed by law in such bodies.
6. Business Representatives
The Council declares that an individual appointed to the General Plan Committee
described in Section 1 above as representing the business sector is intended to represent
and further the interests of the business sector, and that such representation and
furtherance will ultimately serve the public interest. Accordingly, the Council finds that
for the purposes of a person who holds such office, the business sector is tantamount to
and constitutes the public generally within the meaning of Section 87103 of the
Government Code and as provided in Section 18703 of Title 2, Division 6 of the
California Code of Regulations. This means that a member of this Committee will not be
disqualified in matters affecting his /her business interests.
FURTHER RESOLVED that this Resolution rescinds Resolution 1998 -49.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the 6"' day
of December, 2010 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNINA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NADEV \0PC \Miscaeso2010. docx