Attach 1 pc PoliciesTOWN 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.
ATTACHMENT
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 Meetine:
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:
questions of staff;
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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 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 Hearines:
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.
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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:
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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
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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
7.2
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 &
Subdivision Approvals
a. Tentative Maps
b. Final Maps
c. Double Frontage Lots
General Plan Approvals
a. General Plan amendments
b. Specific Plan adoption and amendments
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
Map Act Section 66473 et seq
Map Act Section 66473 et seq
Town Code Section 24.50.130
Statute
Statute
Statute
Statute
Statute
Statute
CEQA Guidelines
Council resolution 1991 -174
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.
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
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
Subdivision Approvals
a. Tentative Maps
b. Final Maps
c. Double Frontage Lots
General Plan Approvals
a. General Plan amendments
b. Specific Plan adoption and amendments
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
Map Act Section 66473 et seq
Map Act Section 66473 et seq
Town Code Section 24.50.130
Statute
Statute
Statute
Statute
Statute
Statute
CEQA Guidelines
Council resolution 1991 -174
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.
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 Votinc:
9.1 A quorum of the Planning Commission for the conduct of business is 4 members.
9.2 A simple majority of a quorum is sufficient for action on any item coming before the
Commission, except that a majority of the full Commission is necessary for the
following:
a) General Plan Amendments
b) Adoption of or amendment to a Specific Plan
c) Substantive amendment to the Zoning Ordinance including zone changes.
9.3 An abstention does not diminish the quorum in order for the Commission to conduct
business.
9.4 An abstention is counted on the prevailing side of any vote. For example, if 4
Commissioners are present and one abstains and the vote is 2 to 1 (in favor), the motion
passes. If the vote is 1 to 2 (against), the motion fails.
9.5 Tie votes mean that the motion fails.
9.6 Since most Commission decisions are either wholly or in part quasi- judicial, in those
cases where a motion to approve an item fails, it is necessary to make a new motion to
deny, since the findings for denial need to be stated and cannot be assumed that they are
simply the reverse of the findings stated for approval.
9.7 The Commission elects its Chair and Vice -Chair annually at 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.
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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 Proeram:
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
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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 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
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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
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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.
N1DEV\PC\PC Policies &Procedu mldocx
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