Attachment 1Title: Planning Commission Policies and Procedures Policy Number: 2~05
Effective Date: 1983 Pages: 11
Enabling Actions: Revised Date: 518/85; 11/18/87; 9/22193; 11/16/98; __ ' __ _
c-·-'~"'~/10; 4/21/15; 9/20116
PU
~-i-Mr1'TT'T'iiorm Planning Commission Members of their roles, responsibilities, and
functions, as well as operating procedures for meetings.
SCOPE
Since 1983, the Town Council has adopted Planning Commission Policies and Procedures. The
Procedures address topics including the agenda fonnat, Commissioner conduct at Planning
Commission meetings, absences, evidence outside of formal hearings, findings, votingi and other
issues. Periodically, the Town Council adopts revisions to the Procedures.
POLICY AND PROCEDURES
I. ORGANIZATION, OFFICERS, DUTIES
1.1 Organization.
The Planning Commission consists of seven voting members and shall be organized as
prescribed by Town Code Section 29.20.750 and the Town Council. All Planning
Commissioners shall be appointed by the Town Council. Commissioners serve at the pleasure of
the Town Council and may be removed prior to the end of his or her term by a four-fifths vote of
the Town Council.
1.2 Officers.
A Chairperson (hereinafter Chair) and Vice-Chairperson (hereinafter Vice Chair) shall be elected
annually from among the Commission's membership at the first meeting in January, to serve at
the pleasure of the Commission for a term of office of one year.
The Chair shall:
a) Preside at all meetings of the Commission.
b) Sign documents of the Commission;
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c) Determine meeting schedule and agenda items consistence with state law noticing
requirements.
During the absence, disability or disqualification of the Chair, the Vice-Chair shaH perform all
the duties and be subject to aIJ the responsibilities of the Chair.
The Vice-Chair shall succeed the Chair if he or she vacates the office before his or her tenn is
completed and shall serve the unexpired term of the vacated office. (A new Vice-Chair shall be
elected at the next regular meeting:)
In the absence of the Ch&ir and Vice-Chair, any other Commissioner shaU ca11 the Commission
to order whereupon a Chair pro tem shaJl be elected from the Commissioners present to preside.
1.3 Duties.
The functions, powers and duties ofthe Planning Commission shall consist of all those functions,
powers and duties of a Planning Commission as provided in Chapters 3 and 4 of Title 7,
commencing with Section 65100 of the Cahfornia Government Code (Planning and Zoning Law)
and as the same may be hereafter amended. The Planning Commission shall perform such other
duties and functions as may be designated in Town Code and by the Town Council.
1.4 Support.
The Secretary of the Planning Commission is the Community Development Director or designee..
The Chair shall set the Agenda in consultation wi th the Secretary.
2. LEGAL AND ETHICAL STANDARDS
Planning Commissioners must serve as a model of leadership and civility to the community and
treat aH members of the public, each other, and the issues before them with respect to ensure
open and effective government.
To ensure the highest standards of respect and integnty during pubhc meetings, Planning
Commissioners shall:
1. Use fonnal titles. The Commissioners shall refer to one another foimally during
Commission meetings such as Chair, Vice Chair, Commissioner, or Mr., Mrs., or Ms.,
followed by the individual's last name.
2. Practice civility and decorum in discussions and debate. Difficult questions, tough
challenges to a particular point of view, and criticism of ideas and infom1ation are
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legitimate elements of free democracy in action. This does not allow, hvwever,
Commissioners to make abusive, slanderous. and personal comments, ahdlor physical
actions that could be construed as threatenin_g. During public discussions, Commissioners
shall be respectful of others and djverse opinions, practice objectivity. and allow for the
.Q-ebate of iss.ues.
3. Honor the role of' the Chair in maintaining order and equity, and respect the Chair's
efforts to focus discussion on current agenda items. Objections to the Chair's actiQns
should be voiced politely and with reason.
4. Demonstrate effc~ctive problem-solving approaches. Commissioners are role models for
res; dents, business people~ and other stalceholdets involved in pubhu debate.
5. Base decisions on the -. written evidence. arguments or testimony and dooisions should be
made objectively and based up0n the merits and suhc;tance of the matter at hand . not
through established coalitions or well-defined voting blocks. Judgrncnt of decisions
should. be reserved until all applicable infonnation has been presented .
6. Be prepared and knowledgeable. To effectively lead and inform the public.
Commissioners shall be prepared and infonn.ed .about issues on the agenda.
7. Be respectf\Jl of other people;s tim~. Commissi<)l'lers should stay focused; listen
attentively, and act efficiently during public meetings. During public testimony,
Comm1ssioners should refrain from engaging the $J>eaker m dialogue; however. for
purposes of clarification~ Commissioners may ask the speaker questu:ms. Commission
comment and discubs1on $hould commen\:e upon the conclusion of all public testunony._
3. MEETINGS, STUDY SESSIONS, AGENDAS, AND STAFF REPORTS
3.1 Quorum and Attendance at Meetings.
A quorutn to conduct business shall consist of a majority of the total number of filled se ats
consistent with Town CounciJ Resolutiot1 20i 4-041. Pot example. if all seven Commissioners
are seated, then a quonnn consists of a minimum total of four members of the -Commission. A
quorum is not required for workshops;
RCql,Jests by Commissioners to attend a Commission meeting via t~lephonic appearance are
actively discouraged. Telephonic attendance shall only be p.ermitted in the event of
extraordinary events such as a medical. family, or &irnHar emergency requiring a Commissioner's
absence or in the event the Commissioner is out <lf the area on official Town business. In
addition, at least a quorum of the Commission must participate from a location within the Town.
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3.2 Public Meetings.
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All meethlgs shall be held in full compliance w ith the .provisions of state law. ordinances of the
Town, and these Policies and Procedures.
3.3 Regular Meetings.
Regular meetings of the Commission shall be held on the second and fourth Wednesdays of each
month in Town Council Chambers at 110 E. Main Street, Los Gatos, unless otherwise
detennined by the Commission. All regular meetings of the Commission wm be called to order
at 7:00 p.m.1 unless advertised otherwise, canceled, or rescheduled.
The Commission with the consent of the majority of the Commission, adjourn its meetings on or
before 11 :30 p .m . with any unfinished business being continued to the next regular, adjourned, or
special meeting, unless the Commission votes to extend the meeting. At approximately 11: 15
p.01 .• the Chairperson wm call for review of any remaining agenda items to consider whether
they will likely be completed by 11 :30 p.m ., o:r whether continuances should be considered. The
Secretary of the Planning Commi$sion, or designee. will post notice of any continued heanng or
other unfinished business, as required by law .
3.4 Special Meetings.
A special meeting may be called at any time by the Chairperson of the Commission, or by a
majority of its membership on its own motion. or at t11e direction of the Town Council. Notice
shaJl be sent in compliance with the Ralph M. Brown Act, Government Code section 54950, e t
seq . ("Brown Act'') and the Los Gatos Town Code.
3.5 Adjourned Meetings.
The Commission may adjourn any regular or special meeting to a time and place specrfied
pursuant to the procedures set forth in the Brown Act.
3.6 Workshops/Study Sessions.
The Commission may hold a workshop as part of a regular or special meeting. When a matter is
set for a workshop, public testimony on each item will generally be limited to three (3) minutes
per person, at the d iscretion of the Chair . A workshop shall be for discussion only and the
Commission will take no action on the workshop item .
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3.7 Agendas.
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At least seventy-two <12) hours before a regular meeting. copies of the Commission1s agenda
shall be posted in a lm,;atjon that is available for viewing by the public and made available on the
Town website and at the Community Development Department. ln accordance with the Brown
Act~ the Commission may not take action ort any item that did not appear on the posted agenda.,
unless an exception is nuide as permitted under Government Code section 54954.2. The Cha.tr
may rearrange the order of presentation of items appearing on the agenda as he or she may deem
necessary or desirable for the conduct of the meeting. No person shall be entitled to rely upon the
order in which public bearing items appear on the posted agenda. and any public hearing on any
agenda may commence immediately upon the time the meeting is called to order.
3.8 StaffReports.
Staff Reports shall be made pu'blic wheo~er they are d1&1ributed to the Commission, except in
the case:; of attorney/client prh ilege memoranda. Staff reports will usually be prepared with
recommendations and shall mclude the basis for these recommendations, and included in the
hearing record on any application.
If, in reviewing a staff report, a Commissioner sees om1ssiono. has questions, or ts looking for
specific i.nformation. it is adv1sable that the Commissioner contact the Community Development
Director or designee prior to the heating.
3.9 O.-der of Meetings.
The Order of Business shall as follows subject to the Chairperson's final approval:
1. RoU Call
2. Pledge of Allegiance
3. Written Communications
4. Requested Contmuances
5. Sub-Committee Reports
6. Verbal Communications
7. Consent Calendar
8. Continued Public Hearings
9. 'New Public Hearings
I 0. Continued Other Business
1 I. New Other Business
12. AdJournment
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3.10 Chair's Rules of Order.
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After issuing a warning, the Chair may order from the meetmg location any person(s) who
commit the following acts with respect to a regular or special meeting of the Commission:
1. Disorderly, contemptuous or insolent behavior toward the Commission, or any member
thereof. which interrupts the due and orderly course of said meeting.
2. A breach of the peace, boisterous conduct or violent disturbance which interrupts the
due and orderly course of said meeting.
After a warning by the Chair, if more than one individual at a given meeting continues to engage
in disruptive or unruly behavior to the extent that it is preventing Commissioners from
adequately participating in the meeting, the Chair may order that the meeting location be cleared
of all members of the public (with the exception of members of the press who are not
participating in the disruption). and/or (c) adjournment of the meeting to another time or place
so that the meeting may continue uninterrupted.
Any Commissioner may move to require the Chair at the meeting to enforce the rules, and the
affirmative vote of a majority of the Commissioners present shall require him or her to so act.
4. PRESENTATION O F AGE NDA ITEMS
4.1 Minutes and Recording.
Commission meetings are recorded and the recording is permanently preserved by the Town.
The recording of the meeting is used by the Secretary of the Commission to prepare minutes of
the hearing· which must be approved by the Commission The minutes of the Commission's
proceedings shall show the vote of each Commissioner, including if they were absent or failed to
vote on a matter considered.
4.2 Order of Presentation.
The order of the presentation shall be as follows:
1 . The Chair shall announce the subject of the agenda item.
2. Presentation of staff report, including any environmeotal analysis or recommendation.
3 . Questions of staff by Commissioners.
4 . Public hearing opened.
5. Presentation of the applicant(s) or appellant(s).
6. Public comment.
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7. Rebuttal comments by the applicant(s) or appellant(s}.
8. Public hearing closed.
9. Commission discussi0n and action .
4.3 Public Participation.
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The Commission welcomes participation and comment on any matter within its subject matter
jurisdiction. It is the Conunission·s intent to create and maintain an environment where people
feel comfortable partiCJpating in the public process and an abnosphere of respect for all who
participille in th~ Town,s public meetings. To maintain civil.tty and respect and to allow the
Commission to complete its work in a timely manner. the Commission requests that all attendees
and participants show respect for every sp~er regardless of his or her viewpoint. and to refrain
from conduct . that may inhibit others from addressmg the Commiss·aon. Disrespectful conduct,
such as hissing, booing~ whistling, oheenng. chanting, and judgmental hand gestures, are all
inappropriate. The Commission also d~'Ourages profane remarks or personal attacks. or insults
tc:i any member o.f the Comtnission, sU!lf, other attendees or ~peak,-crs; or the general public.
Accordingly. the Commission request:S the coop<.-ration of all in maintafnmg a meeting
environment where persons <..'a.Il feel comfortable participating in the publJc process and
exp1essmg their views and opiruons, and an atmosphere of respect for all .
4.4 Rules of Evidence.
Heanngs and meetings befure the Commission need. not be oonducted accordmg to fonnal ru.J~
<>f evidence. Any rele\'ant evidence may be considered if it is the sort of evidence upon which
reasonable perso .ns are accu~tomed to rely on in the conduct of serious affail'$
4.5 Written E-vidence.
Written evidence that members of the public wish to submit to the Commission in advance of a
Commission agenda item should be submitted by 11 :00 a.m. on the Wednesday one week prior
to the C.C>1ntnission meeting in order for such evidence to be provided to the Commi~s1on with its
agenda p!!Cket in advance of-the meeting. Any written evidence submitted after tllis day and time
but prior to 11 :00 a.m. on the day of the hearing will be rusbibuted to the Commission in an
Addendum or Desk Item;
Written or pictorial evidence d1stributed to the Commissi .. on at the meeting may not be effective,
as the. Commission may not have enough time to absorb its content. Although late
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correspondence js highly discouraged for this reason, any participant may submit written and
pictorial evidence to the Commission during the public hearing on an item.
4.6 Oral Evidence. Time Limits, and Number of Speakers.
A spel:lker's card to speak on an item should be submitted to the Secretary of the Commission or
designee.
The Chair's instructions to the audience will generally follow these guidelines:
l. Any person desiring to speak must first be recognized by the Chair.
2. All participants must speak from the podium.
3. All speakers are requested to, first state their full name and full address, and to speak into
the microphone as all meetings are recorded. To ensure correct spelling of names and
addresses. all speakers are encouraged to submit a speaker's card to the Secretary of the
Commission or designee .
4. All co.111ments shall be directed to the Commission as a body, and not tO any particul ar
Commissioner, staff person ot audience. No person, other than Commissioners, staff.
and the person having the floor shall be pennitted to enter into the discussion.
Commissioners shall only ask questions of the speakers through the Chair. Each applicant
and appellant shall be limited to a 5-minute presentation at the start of the public hearing
and a 3-minute rebuttal after all other speakers have been heard. All members of the
applicant's or appellant's team shall be heard as a group within these time limits.
Questions by the members of the Commission do not count against the time. Members of
the public who wish to speak on any items will be limited to up to 3 minutes each. No
person shall be allowed to speak a second time per item. In order to assure the
opportunity for all those desiring to speak before the Commission, there js no yielding of
time to another speaker. The Chair, at his or her discretion. may allocate more or less
time for speakers due to the complexity of the issues and/or due to a large number of
speakers on a particular item. Except for the applicant or appellant, all speakers sha11 be
limited to the same amount of time to speak.
4.7 Evidence Received Outside a Hearing.
Applications before the Plannjng Commission involve quasi-judicial matters, legislative matters
and matters that have attributes of each. On quasHu~cial matters California law requires
deci$ions to be based on findings, and findmgs to be based on evidence presented at the hearing.
Accordingly, the actual decision of·the Commission on a quasi-judicial matter must be supported
by evidence presented at the hearing~ i.e. the staff report, testimony given during the hearing and
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comments from other Commissioners. A Commissioner may not state or predetennine his or her
decisions on an application prior to the hearing.
In order to .avoid the appearance of bias or impropriety, individual Commissioners are prohibited
from discussing, outside of the public hearing process. the substance of any project with project
proponents, opponents and member of the pubhc. This prohibition shall apply to all projects.
whether conceptual or proposed, that can be considered by the Commisirion in reviewing an
apphcation, on appeal or on remand Mudy sessions may be used as a means of facilitating
informal corntnunication. lnd1vidua1 Commissioners who hav~ eng@;ged in prohibited discussions
shall recuse themselves from con&Jderation of the project.
Incidental contacts that do not address the substance of any project are not prombited. Incidental
contacts are those that are not ·reasonably understood ro influence a . Commissioner's decision.
and include speaking with an interested party to obtain approval to enter a property and to obtain
information intended to orient the Commissioner about the physical aspects of the property or a
project.
S.MOTIONS
Action upon an order~ resolution, ordinance .. or any other action of the C.omm1sston may be
proposed by any Commissioner by a mott9n. Before a motion can he c<;>osidered or debated 1t
must be seconded, at which time 1t shall be on the tfoor and must be cons1dered. If not seconded,
the motion dies for lack of a second and shall be so declared by the Chair. Substitute motions and
other parliamentary procedures shall fol1ow Robert's Rules of Order,
Pul'$uant to Plannmg Commission R~isioiuti"n No. 78-4,, adopted Ma)' JO. 1978, the Flanning
Cominission will not accept reque~ts for continuances ft.om applicants after 12 ;00 noon of the
Friday preceding any Commission meeting, provided, however. that the Commission retains the
nght to make exceptions when it fmd8 that a genume emergency exists which was v.ot known to
the apphcant.
A motion to adopt or approve staff recommendations or simply to approve the action under
consi~at1on shall,. unless otherwise particularly specified be deemed to include adoption of all
proposed findings and ex~ution of alJ ac.'tions recommended in both the written staff report oa
file on the matter, any verbal staff report, and other evidence presented during the hearing.
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6. VOTING AND ABSENTEES
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Voting of not less than three votes shall be required to carry a motion, unless a larger number of
votes is required by applicable ordinance or other law.
Jf a Commissioner is not eligible to participate in the consideration of an item due to a conflict of
interest, the Commission~r shall be disqualified and shall recuse him or herself from the voting,
in which case the Commissioner cannot be included in the quorum . Prior to consideration of the
matter, the conflicted Commissioner shall recuse on the record, stating the basis for the recusal~
and shall then leave the room, unless legally entitled to remain under applicable law.
If a majority of the Commission shall be disqualified to vote on a matter by reason of actual or
apparent conflict of interest, the Commission shall select by lot, or other means of random
selection, that nwnber of disqualified Commissioners which, when added to the Commissioners
eligible to vote, shall constitute a quorum.
A Commissioner who expects to be absent should notify the Chair and the Community
Development Department prior to the meeting.
Pursuant to Resolution 201 1-012 , any Commissioner who is absent from eight (8) regular
nieetings held in a twelve (12) month period, shall, as a result, surrender his or her office on the
Planning Commission and the office shall be cons1dered vacant.
A Commissioner who is absent from any portion of a hearing conducted by the Commission may
vote on the matter at the time it is acted upon, provided that he or she viewed the video recordi ng
of the entire portion of the hearing from which he or she was absent, and he or she has examined
all of the staff reports and minutes presented during the portion of the hearing from which he or
she was absent; and he or she states for the record before voting that the Commissioner deems
himself or herself to be as familiar with the record and with the evidence presented at the hearing
as he or she would have been had he or she personally attended the entire hearing.
7. LEGAL REQUIREMENTS
The Planning Commission operates under a smes oflaws that regulate its operations as well as
the conduct of its members. The Town Attorney serves as the Town's legal officer and is
available to advise the Commission on these matters.
The Ralph M. Brown Act requires that meetings of the Planning Commission be open and
public. "Meetings" occur whenever four or more members of the Commission hear, discuss, or
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deliberate on any matter th~t is relevant to the Town. This inc..Judes discussions that occur face to
face. serially, through third partles, or through wntten. telepboruc, or e-mail commumcations.
The Political Refonn Act controls conflicts of interests through disclosure of financial interests
and prohibition in participating fa decision making. Commi~s1onets are prohibited from makmg,
panicipating in or m any way attempting to use their official position to influence a
governmental decision in which they know or have reason to know they have a financial interest.
Financial interests can arise out of property ownership. business mvestinent, leadership in a
business entity. and r-eceipt of money or gifts .
8. CONSTRUCTION AND EFFECT
These Policies and Procedures shall be. construed and applied so as tc ensure a full and fair
hearing CJf relevant evidence which is offered on a land use matter and to facihtate an orderly
analysis of evident.-e and issu~ by the Commission. Faih,tte to c.omply with the stric.t -provisions
of these Policies and Procedures $hal1 not necessarily inva1idate any acµon taken by the
Commission.
9. RULES OF ORDER.
Except as otherwise provided in these Policies and Procedures. Roberts Rules of Order shall be
used as a guide for the conduct of the meetings of th~ Planning Commission. No omission to
confonn to said rules of order shall in any instance he deemed to invaHdate any action taken by
the Commission.
10. AMEND.MENT.
These Policies and Procedures may only be amended by the Town Council.
APPROVED AS TO FORM:
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