Loading...
2010-106-Amend Planning Commission Policies And Procedures And Rescinding Resolution 2001-042RESOLUTION 2010 -106 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 That Resolution No 2001 -42 is hereby rescinded. 2.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: 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 6th day of December, 2010, by the following vote: COUNCIL MEMBERS: AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzysnki NAYS: M219 ABSTAIN SIGNED: OR OF TOWN OF LOS GATOS L S GATOS, CALIFORNIA ATTEST: CLXZODMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 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 G. Testimony by the public, including Commissioners d. Closing remarks by the applicant responding to any new information presented by staff or the public or to Commission comments e. Commission motion, discussion and decision 1.4 The Chair and the Planning Director will estimate the amount of time for each item and the times will appear only on the Commissioners' copies of the agenda. Each Commissioner is responsible for helping the Chair hold to the times listed on the agenda. 1.5 Applicants are asked to keep their presentations brief, preferably no more than five minutes. Questions by the members of the Commission do not count against the time. 1.6 Members of the public addressing the Planning Commission should be instructed to give their name and full address and to please speak into the microphone as all meetings are recorded. 1.7 Members of the public who wish to speak on any items are asked to be brief and to limit their comments to three minutes. If any Commissioner cannot hear the name of the speaker, that person should be asked to spell the name. This request should go through the Chair. 1.8 At the discretion of the Chair, in order to speed the transcribing of the Minutes and ensure correct spelling of names and addresses, after speaking, the members of the public are encouraged to sign on the forms next to the recording secretary. Each speaker should write name and full address and list the agenda item of concern. 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. 2.3 Motions shall begin with the words "I move ..." 2.4 Commissioners should not debate or offer opinions on the merits of the project when: a. asking questions of staff; b. asking questions of applicant(s); C. asking questions of the audience. The sequence of asking questions should normally be: 1. questions of staff; 2. questions of the applicant(s) or audience; 3. questions of the applicant(s) responding to the audience. Then, and only then, Commission debates. 2.5 Commissioners should be considerate of people's feelings and should not place pressure upon the speakers in an attempt to elicit or clarify a response. 2.6 Procedural questions should be asked of staff or asked of an experienced Planning Commissioner well ahead of the meeting rather than voicing them during the meeting. 2.7 Commissioners should avoid extended discussion of relatively minor points or items. 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. 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: 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: 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 7.2 Subdivision Approvals a. Tentative Maps Map Act Section 66473 et seq b. Final Maps Map Act Section 66473 et seq c. Double Frontage Lots Town Code Section 24.50.130 General Plan Approvals a. General Plan amendments Statute b. Specific Plan adoption and amendments Statute Other a. Substantive Zoning Ordinance Amendments 2. Demolition permits: Town Code Section 29.10.09030 e. Historic applications Statute d. Street Vacations 1. Construction Town Code Section 29.80.290 CEQA Guidelines 2. Use Town Code Section 29.80.230 f. Tree permits Town Code Section 29.10.0990 g. Nonconforming lots Town Code Sectin 29.10.265(3) h. Use of nonconforming buildings 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 Subdivision Approvals a. Tentative Maps Map Act Section 66473 et seq b. Final Maps Map Act Section 66473 et seq c. Double Frontage Lots Town Code Section 24.50.130 General Plan Approvals a. General Plan amendments Statute b. Specific Plan adoption and amendments Statute Other a. Substantive Zoning Ordinance Amendments Statute b. Capital Projects Statute c. Acquisition or disposition of interests in land Statute d. Street Vacations Statute e. Negative Declaration and Environmental CEQA Guidelines Impact Report f. Community Benefit for projects with Council resolution 1991 -174 traffic impact 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 Scenic Community vs. County of Los Angeles (1974) 11 Cal.3d 506, 515. 8.0 Environmental Impact Reports and Negative Declarations Environmental Impact Reports provide the Commission with very useful information for the decision making process; however, they are not needed for most applications. In the few instances where an EIR would be helpful, the Commission must make a decision on the issue of a Negative Declaration or an EIR before discussion of an application. In effect, the Commission will take a vote on whether or not the EIR issue should be determined first. If the Commission votes to consider the EIR issue first, then testimony on issues concerning the environmental impact will be heard. After hearing the applicant and public on the EIR issue, the Commission will make its decision. If an EIR is required, further discussion of the application will be continued until the EIR is presented to the Commission. 9.0 Voting 9.1 A quorum of the Planning Commission for the conduct of business is 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 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 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. 11.4.6 All motions shall be listed in the Minutes. Motions not receiving a second will be shown to die for lack of a second. 11.4.7 Comments and discussion made by a Commissioner or staff before a motion is made and seconded are not included in the Minutes. 11.4.8 Comments made by a Commissioner when speaking to a motion are included, but in summary form only. 11.4.9 Minority Reports. Comments made by a Commissioner against a motion will be included as stated above and automatically becomes, a minority report. If a Commissioner wants a specific statement included as a minority report, it can be done in one of two ways: a. By stating immediately prior to or after a specific comment made during the meeting that it should be included in the Minutes. b. By announcing at the end of the item before the next item is commenced that the Commissioner desires to have a minority report included in the Minutes and that a written report will be submitted to the full Commission for information and inclusion with the draft Minutes. 11.4.10 If a Commissioner has an additional reason for wanting an item included in the Minutes, the Commissioner should state that "for the record" the comments should be included. This procedure should be used sparingly. 12.0 Recycling Program The Town is actively participating in recycling of paper. Commissioners are encouraged to: a. Return the brown envelopes (in which the packet is delivered) to the secretary. b. All Planning Commission reports dealing with issues that will go to Council should also be given to the secretary. C. All white paper that is no longer needed should be left in a neat pile on the floor or in the recycling bin provided. 13.0 Guidelines for Applicants 13.1 All drawings must be clear and legible and must include the following, if applicable: 13.1.1 Project location relative to nearest arterial and collector street intersection. 13 -1.2 Direction Arrow (north) on all relevant drawings, i.e.: site, topography. 13.1.3 To avoid confusion and increase legibility, site plan, grading plans, and landscape plans should be on separate drawings. Applicants should consult the Planning Department if they feel plans can be combined. A Commissioner may move to continue an item based on illegible plans, provided that such continuance will not result in automatic approval. 13.1.4 All building elevations should indicate whether they are N, S, E, or W. 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. 133 Timing of Submissions: Once an application is scheduled for the Planning Commission, all submittals (drawings, reports, etc.) shall be provided to the Planning Department sufficiently in advance that they can be evaluated by Staff for completeness and be in the Commissioner's packets the Friday before the Commission's Wednesday meeting. Staff shall advise applicants that failure to provide materials on time will mean a continuance by the Planning Commission or possible denial if applicant refuses a continuance. 13.4 Town Policy for Handling Abandoned Applications: 13.4.1 Where there has been no activity for at least three (3) months, the applicants shall be notified in writing that the matter is being set for public hearing before the Planning Commission with a recommendation for denial. 13.4,2 If no additional response is received within 15 days of the date the letter is sent, or if the applicant advises staff that he decides not to pursue it, the application will be set for public hearing for denial /withdrawal as appropriate. No mailed notice will be made unless required by State law. The legal advertisement and the agenda shall note the recommended action and reason for such action. 13.4.4 A request to extend the processing time can be granted by the Planning Director at any time before the matter is set for public hearing. If after such an extension is granted, and there is still no satisfactory action to complete the application, the matter will automatically be set for public hearing as described under 2.0 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.