PC Workshop - Memo & Exhibit 1MEMORANDUM
To: Planning Commission
Laurel Prevetti, A~own '{. anag~r/Director of Community Development From:
Subject: Planning Commission Workshop
Date: July 15,2015
REMARKS
On July 22, 2015, the Planning Commission will conduct a workshop to discuss:
1. Planning Commission Policies and Procedures
2. How to Read an Environmental Impact Report (EIR)
3. Behind the Scenes: Staff Work Prior to the Planning Commission Report and Hearing
Exhibit 1 contains the Updated Planning Commission Policies and Procedures that were
approved by Town Council on April 21, 2015. The workshop provides an opportunity for the
Commissioners to ask questions about site visits , public testimony, motions, and other related
topics. For example, at the end of the last Planning Commission meeting, one Commissioner
asked how to consider certain testimony in deliberations and actions. We tabled this issue to the
workshop.
Time permitting, staff would also like to provide some helpful hints regarding how to read an
EIR. We are expecting one sometime this calendar year and we want to be sure the Commission
has an efficient and effective approach to the large amount of information contained in
environmental documents.
Finally, staff would like to provide an overview of the work that occurs prior to an application
being ready for a noticed public hearing before the Planning Commission. The discussion will
also include the determination of the issues covered in a staff report.
Please bring your questions and suggestions to the workshop. We look forward to an interactive
conversation with the Commission on these topics.
Exhibit:
1. Updated Planning Commission Policies and Procedures (approved by Town Council on
4/21/15)
LRP:cg
N :\D EV\PC Reports\20 15\PC Workshop.doc
Title : Planning Commission Po lici es and Procedures Policy Number: 2-5
Effective Date : 198 3
Enabling Actions :
Approved :
PURPOSE
Pages : 11
Revised Date : 5/8/85 ; 11 /18/87 ; 9/22/93 ; 11 /1 6/98 ;
4/16/01/ 12/6/10• 4/21 /1 5 -------------------
This Polic y is to info n11 Pl a nnin g Commi ssion Members of th e ir role , re s ponsibilities, a nd
funct ion s . a . well as o perating procedures for meetings.
SCOPE
Since 1983. the Town Co unc il has adopted Pl anning Commission Policies and Procedures. T he
Procedures address topics including th e agenda fo rmat, Commissioner co ndu ct at Planning
Commiss ion meetings , a bsences, evidence outs id e of formal hear i ng~. findi ngs, voting. and other
issues. Periodica ll y. the: Town Council ado pts revisions to t he Procedures.
POLICY AND PROCEDURES
1. ORGANIZATIO~, OFFICERS, DUT IES
1.1 Organization.
The Planning Commission consists o f seven vo t ing members and s ha ll be organiLcd as
prescribed by Town Code Section 29.20 .75 0 and th e Town Co un ci l. All Planning
Commissioners shall be appointed by the Town Council. Commissioners serw a t the pl easure of
the Town Council and may he r~moved priM to th e end of hi s or her term by a four-ti fth s vo te of
the Town Council.
1.2 Officers.
A C hairperson lhcrematter Chair) and V ice-C h airperson (herein after Vice Chair) s ha ll be elected
annually f rom among t he Commission's membership at the first meeting in January, to serve at
the pleas ure of the Commission for a tenn of office of one year.
The Chair shall:
a) Preside at all meetings of the Commission .
b) Sign documents ofthc Commission.
EXHIBIT 1
c) Dctcnnine meeting sch edule and agenda items consistent with state law noticing
requirement s.
During the absence. disabi lit y or di squalification of th e Chair. t he Vice-Chair shall perform all
the duties and be s ubject to all the r~spons i bi liti es of th e Chair.
The Vice-Ch a ir shall succeed the Chair if he or s he vacates the office before his or her tern1 i s
completed and sha ll serve the unexpired term of the vacated office. (A new Vice-Chair sh all be
e lected at th e n ext r egular meeting.)
In the absence of the Chair and Vice -Chair, any o th er Comm issioner shall call the Commission
to order whereupon a Chair pro tern s hall be elected from the Comm issioners presen t to presi de.
1.3 Duties.
The functions, powers and duties of the Planning Commission shall consist of all those function s.
powers and duties of a Planning Com mi ssion as provided in C hapters 3 an d 4 of Title 7,
commencing w it h Secti on 65 100 of the California Government Code (Planning and Zoning Law)
and as the same may be h ereafter amended . The Pl a nn ing Commi ssion s ha ll perform s uch o th er
duties and functions as may be des ignated in Town Code and by t he Town Council .
1.4 Support.
The Secretary of the Pl anning Commission is the Co mmunity Development Director or designee.
The Chair shall set the Agenda m cons ultation with th e Secretary.
2. LEGAL AND ETHJCAL S TAN DARDS
Planning Comm issioners must serve as a model of leadersh ip and civility to the community and
treat all members of the public, each other, and the issues before them with respect to ensure
open and effecti ve government.
To en sure the highest s tandard s of respect and integrity duri ng public meetings, Planning
Commissioners shall:
1. Use fonnal titles . The Com m issioners s hall refer to one another fonna11y during
Comm ission meetings such as C hair. Vic~ C hair, Commi ssioner, or Mr .. Mrs .. or Ms .,
fo llowed by th e in div idual's las t name.
2. Practice civility and decorum i n di scuss ions and deb ate. Difficult que stion s . tough
challenges to a partic ul ar point of v iew . and criticism of ideas and intonnation are
legi timate elements of free dem ocracy in action. This does not allow. however.
Commissioners to m ake ab usive, s landerous . and personal com ments, a nd/or physical
actions that could be construed as threatening. During public discussio ns . Commissiom:rs
shall be respectful of others and diverse opinions, practice o bjectivi ty. and allow for the
debate of iss ues.
3. Honor the role of the Chair in maimaining order and equity, and respect the Chair's
efforts to fo..:us di scussion on current agenda i tt.~m . Objections to the Chair's actions
should be voiced politely and with reason.
4. Demonstrate effective proble m-solving approaches. Commissioners are role m o del s for
residents. business people. and other s takeholders involved in public debate.
5. Base decisions o n the -w1ittcn ev1dencc. arguments or testi mony and dectsions s hould be
made objectively and based upon the merits and s ubs tance o f the matter at hand, not
through established coalitions or well -defined voting blocks. Jud gment or decisions
should be reserved until all applicable information has been presented .
6. Be prepared and knowledgeable. To effectively lead and infom1 the publi c .
Commissioners shall be prepared and infonned about issues on the agenda.
7 . Be respectful nf other people· s time. Commissioners should stay focused. listen
attentively, a n d act efficiently during public meetings. During pub li c testim ony,
Commissioners should refrain from engaging the s peaker in dialogue; however. tor
p u rposes of clarification. Commissioners may a sk the speaker questions. Commission
comment and discussion should commence upon the conclusion of all public testimony.
3. MEETINGS, STUDV SESSIONS. AGENDAS, AND STAFF REPORTS
3.1 Quorum.
A quorum to conduct business shall consist of a majority of the total number of filled seats
consistent with Town Council Resolution 2014-041. ror example. if all seven Commissioners
are ":>eated. then a quorum consists of a m inimum total of four m e mbers o f the Commission. 1\
quorum is not required for workshops .
3.2 Public Meetings.
All meetings shall be held in full compliance with the provisions of stare law, ordinances of th~
Town. and these Policies and Procedures.
3.3 Regular Meetings.
Regular meetings of the Commiss ion shall be held on the second and fourth Wednesdays of each
month in Town Council Chambers at I I 0 E. :Vfain Street, Los Gatos, unless otherwise
detennined b y the Commission. All regular meetings of the Commission will be called to order
at 7:00p.m ., unless advertised otherwise. canceled, or rescheduled.
The Commission with the const\nt ofthc majority of the Commission, adjourn its meetings on or
before 1 l :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: I 5
p.m., the Chairperson will call for review of any remaining agenda items to consider whether
they will likely be completed by I 1:30 p .m .. or whcth~r continuances should be considered . The
Secretary of the Planning Commission. or designee, will post notice of any continued hearing or
other untinished 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 hy a
majority of its membership on its own motion. or at the djrection of the Town Council. Notice
shall be sent in compliance with the Ralph M . Brown Act , Government Code section 54950. et
:>eq. ("Brown AcC) and the Los Gatos Town Code.
3.5 Adjourned Meetings.
The Commission may adjourn any regular or special meeting to a time and place specified
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 discretion of the Chair. A workshop shall be for discussion only and the
Commission will take no action on the workshop item.
3.7 Agendas.
At least seventy-two (72) hours before a regular meeting, copies of the Commission's agenda
shall be posted in a location that is available for viewing hy the public and made available on the
Town website and at the Community Development Department. In accordance with the Brown
Act. the Commission may not take action on any item that did not appear on the posted agenda.
unless an exception is made as permitted under Government Code section 54954.2. The Chair
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 hearing 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 Staff Reports.
Staff Reports sh all be ma<k public whenc' er they are distributed to the Commis~ion. except in
th e case of attt")rnc y/clicnt privilege mt:muranda. Staff repons will usually b e prepare d with
reco mmendations and shall include the basis for thes e recommendations. a nd included in the
hearing record on a n y applicatiOn .
lf. in reviewmg a . tafT report. a Comm iSSio ner sees omissio n s. has questto n s . or is lo oki ng tor
s pecific information. it is advisable that the Commissioner contact the Community Development
D1rc ctor or designt'C prior to rhe heanng.
3.9 Order of Meetings .
The Order of Dusi ness s ha ll a s follows s ubject to the C hairp~rson · s final approval :
J . Roll Call
2. Pledge of Allegiance
3 . Written Communications
4 . Requested Cont inuan c e s
5 . S ub-Co mmittee Reports
6. Verbal Commumcations
7. Cons t:nt Calendar
8. Conttnucd Publi c 1 Jearings
9. New Public Hearing
I 0. Continued Other Business
11. New Other Bus iness
12. Adjournment.
3.10 Chair1 s Rules of Order.
After issuing a wa rning. the Chair may order from the m eeting location any person(s) who
comm it the tollowing acts with n.:spcct to a regular o r s pec ial meeting of the Commis-i un :
I. Di sorderl y. contemptuous o r insoltmt behavior toward the Commission, or any mcmher
thereo f. which interrupts the due and order! y course of sa id meeting.
2. A breach of the peace, boisterous ~.:onduct or \ il1 lcn t di sturbance wh1ch •nterrupts the
due and o rderly cour ·e of said meeting.
After a warning by the Chair, if more than one individu a l at a given meeting continues to engage
jn disruptive o r unruly behavior to the extent that 1t is prev e nting Comm iss ioners from
adequatel y participating in the meeting, the Chair may order that the meeting l ol~a tion b e ch:ared
of all member:-; of the public (with the exception o f m e mbe rs of t he pre .s who arc not
panicipating in the disruption), and/or (c) adjournment of the meeting to another t un~ or p lace
so that the meeting may continue uninterrupted.
Any Commissioner may move to require the Chair at the meeting to enforce the rules, and the
affinnative vote of a majority of the Commissioners present shall require him or her to so act.
4. PRESENTATION OF AGENDA ITE:vtS
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 Commiss1on'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 environmental 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.
7. Rebuttal comments by the applicant(s) or appellant(s).
8. Public hearing closed.
9 . Commission discussion and action.
4.3 Public Participation.
TI1c Commission welcomes patticipation and comment on any matter within its subject matter
jurisdiction. It is the Commission's intent to create and maintain an environment where people
feel comfortable paJticipating in the public process and an atmos phere of respect for all who
participate in the Town·s public meetings. To maintain civility 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 t<>r every speaker regardless of his or her viewpoint. and to refrain
from conduct that may inhibit others fi·om addressing the Commission. Disrespectful conduct,
such as hissing, booing, whistling. cheering, chanting, and judgmental hand gestures, are all
inappropriate. The Commission also discourages profane remarks or personal attacks or insults
to any member of the Commission. staff, other attendees or speakers, or the general public.
Accordingly, the Commission requests the cooperation of all in maintaining a meeting
environml!nt where per son~ can fee l comt<.1rtabl c parttctpating i n the public proct:ss and
expressing their \'iews and opini n ns , and an atmosphere of respect for all.
4.4 Rules of Evidence.
Hearings a nd meet ings betore the Commisswn n eed not be condu cted a~cording to formal rules
of eviden ce. Any relevant evidence may he considered if it is the sort of eviden\!c upon which
reasonable p erso ns are accustomed to rel y on in th~ condu~:t of sc:riou afti:ms.
4.5 Written Evi dence .
Wntten evidence that members of th e public w1s h to submit to the Commission in ad vance of a
Commission agenda item s hould b e submitted by 11 :00 a .m. on the Wednesday o n e week prior
to the Commission met~ting in on.ler for s uch eviden ce to be pro v ided to th e Commission with its
agenda packet in ad vance (lf the meeting. Any writt en evidence s ubmittt..:d after thi s day and time
but prio r to 11 :00 a .m. o n the day of the hearing w ill be distributed to the Comm ission in an
Addendum or Desk Item.
Written or pi<.:tori.al e v idence distributed to the Commission at t he meetin g may not b e effective,
as the Comm iss io n may not have e n ough rime to absorb its content. A lt ho ug h late
correspondence is highl y di scouraged fo r this reaso n. any participant may submit written and
pictorial evidence to the Commission during the public hea ring o n an item.
4.6 Oral Evidence, Time Limits, and N umber of S peakers.
A s p eaker"s can.l to speak on an item sh o uld he s ubmit ted to the Secretary of rhe Com nus. Ion or
dcstgnec.
The Chair's in structions to t h e audience wi ll generally liJ llo w these guidelines:
1. A ny person des irin g to s peak must tirst be recognized by the Chair.
2 . A ll participants m u st speak fro m the p odium.
3. All speakers are requested to firs t state th e ir f ull name and fu ll address. and to speak into
the m icroph o ne as a ll meetings are record~d. To ensure corre~t spelling o f names and
addresses. all s peakers a rc cnco uragt!d m su bmit a spcakl;!r"S card to the Secretar~ of th e
Comm ission or designee.
4. All comments s ha ll be dtr cctcd lo t he Commis. ion as a bndy, and n o t ro any particular
Comm iss io ner, statT person o r audien ce. No person. other t ha n Comm ission e rs. sta ff.
and th e per son havmg t he t1oor sh all b e pcnnitted to e nter i nt o the discussi on.
Commissionc.:rs s hall on ly ask questions of the s peaker. through the Chair. Each appli~.:anl
and appellant s hall b e limited ro a I 0-minute presentation at the start of the publi~.: hearing
and a 5-mmutt: r~.:bu tt a l after all other speakers have bc.:cn h eard. All memh~rs of t h e
app li cant's or appellant's team shalJ be heard as a group within these time limits .
Question s by the members of the Commission do not count against th e t im e . Members of
the public who w ish to speak on any item s will he li mited to up to 3 minutes each. No
person sha ll be allowed to speak a second tim e per item. In order to assure the
opportunity for all those desiring to s peak before the Commi ssion, the re is no yi eldin g of
time to another speaker. The C hair, at hi s o r he r discreti o n, may a llocate more or lt.::ss
tim e for s peaker due to the complexity o f the issues and /or due to a large numb er of
speakers on a particular item . Exc ept tC.1r th e app licant or appell a nt , a ll speakers shall be
limited to the same amount of time to speak.
4.7 Evidence Received Outside a Hearing.
Applications betore the Planning Commission in vo lve quasi-judicial matters. legislative matters
and matters that have attributes of each . On quasi-judicial m atters California law requires
decisions to be b as ed on findings, a nd findings to be based on evi dence presented at the hearin g.
Accordingly. the actual decision of the Commi ss io n o n a quas i-judici a l matter must be s upported
by ev id ence presented at the hearing, i .e. the staff report . te sti mon y given during the hearing and
comments from other Commissioners . A Commissioner may not s tate or predetermine his or her
decisions on an application prior to th e hearing.
In ord er to avoi d th e appearance of bias or impropri ety, i ndi vi dual Commissio ners are prohib it ed
from discussing, outside of the public hearing process. th e sub stance of any proj ect with project
proponents, opponents and member of the public. This pro hib ition sh a ll apply to all projects,
whether conceptual or proposed, th at can be considered by the Com mts ion in reviewing an
a ppli cation, on appeal or on re m and . S tudy sessions may be used a s a means of faci litating
informal co mmuni ca ti on. Indi vidu a l Commi ssioners who have engaged in prohibited discu ssions
shall recuse them selves from ~;onsideration of the proj ect.
Inci denta l contact s th at d o not address the substance of a ny project are not prohibited . inc id ental
contacts are those that are not reasonably understood to influence a Commi ssioner's decision ,
and include speakin g with an interested party to obtain approval to enter a property and to o bta in
information intended to orient the Commiss ioner about th e physical aspects of the property or a
projoct.
5. MOTIONS
Action upon a n ord e r, reso lution, ordinance, or any other action of the Commission may be
proposed by any Commi ssioner by a motion. Before a mot ion can be considered or d ebated it
must be seconded , at which time it shall b e o n the floor and must be considered. If not seconded ,
the motion dies for la~~k of a second and shall be sn declared by the Chai r. Substitute motion~ and
other parliamentary procedures shall tclllow Robert's Ruks of Order.
Pursuant to Planning Comm1ssion Resol ution No. 78-4, adoph:d \It a) I 0. I (}7 8 . the Plannmg
Commission will not acc..:ept requests for continuances rrom applic..:ant:. after I 2 :00 noon uf th~.:
Friday prectXling any Commission meeting, provided. however. that the Comm issio n retain s the
right to make exceptions when it tind s rhat u genuine emergency exists which was not known to
the applicant.
A motion to adopt or appn.)\C sta ff reco mmendations or s im ply to approve the action under
consideration s hall. unles o therwise part icularly specified be deemed to include adoption of all
proposed findings and executi on of all actions recommended in both th~ wntten staff report o n
tile on the matter, any ve rbal staff repmt, and other ~·vidence presented du ri ng the hearing.
6. VOTING AND ABSENTEES
Voting of not less than three vot t:s shall be required to carry a motion. unless a larger num ber of
votes is required by applicable ordi nance or other law .
If a Commissioner is not digibl<.~ to participate in the considerat ion of a n i tem due to a confl ict of
interest, the Comnussionl:!r shall be di q ualitied and shall recu se him or herself from the voting,
i n which case th e Commissioner cannot be included in th e quorum . Prior to consideration of the
matter. the conflicted Co mmi sstoner shall recuse on tht: record. stating the ba. 1s ti1 r the recu sal.
and s hall then leave the room, unlcs ~ legally entitled tu r~mai n under applicable law.
If a maj ority of the Corn mi ssion shall be disquali fied to vote on a matter by reason of actual or
apparent confl ict of interest, the Com mission shall se lect by lot. or other means of ra ndom
selection . that number of di qualified Commissioners \ovhich. when added to the Comm issioners
eligible to vote. shall constitute a quorum .
A Commissioner who expect s to be absent should noti fy the Cha ir and the Community
Development Department p rior to the meeting.
Pursuant to Resolution 20 I 1-0 12 , any Commissioner \'> ho is ahsctH from eight ( 8) regular
meetmgs held in a twel ve (12) month period, shall. as a result. su rrender hi s or her oflice o n the
Planning Commission and the office shall be considered vaca nt.
A Commissioner who is absent from any portion L,f a hearing conducted by the Comrni. sion may
vot e on the matter at the time it i acted u pcm. pn)\·idc..:d that he or s he viewed th e v ideo recording
of th e entin; portion of the hearin g from w hich he or she was absent. and he or s he ha s examined
all ofthe staffreports and minutes presented during the portion of the hearing from which he or
she was absent; and he or she states tor the rerord betore voting that the Commissioner de em s
hims.el for 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 series of law s 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 the.<>e 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
deliberate on any matter that is relevant to the Town. This includes discussions that occur face to
face, serially, through third pa1ties, or through written, telephonic, or e-mail communications.
The Polit ical Reform Act controls conflicts of interests through disclosure of financial interests
and prohibition in participating in decision making. Commissioners are prohibited from making,
participating in or in any way attempting to use their ofticial position to i nfluence 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 investment, leadership in a
business entity. and receipt of money or gifts.
8. CONSTRUCTION AND EFFECT
These Policies and Procedures s hall be construed and applit:d so as to ensure a full and fair
hearing of relevant evidence which is o ffered on a land usc matter and to facilitate an orderly
analysis of evidence and issues by the Commission. Failure to comply with the strict provisions
of these Policies and Procedures shall not necessarily invalidate any action 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 tor the conduct of the meetings of the Planning Commission. No omission to
conform to said rules of order shall in any instance be deemed to invalidate any action taken by
the Comm i ss ion.
10. AMENDMENT .
These Policies and Procedures may only be amended by the Town Council.
Title: P lanni ng Commission Policies and Pwcedures
A PPROVED AS TO FORM :
R obert S chultz, Town A ttorney
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