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Home My WebLink About2018-07-25 Planning & transportation commission Agenda Packet_______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Planning & Transportation Commission Regular Meeting Agenda: July 25, 2018 Council Chambers 250 Hamilton Avenue 6:00 PM Call to Order / Roll Call Oral Communications The public may speak to any item not on the agenda. Three (3) minutes per speaker.1,2 Agenda Changes, Additions, and Deletions The Chair or Commission majority may modify the agenda order to improve meeting management. City Official Reports 1.Assistant Directors Report, Meeting Schedule and Assignments Study Session Public Comment is Permitted. Five (5) minutes per speaker.1,3 There are no Study Session items. Action Items Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others: Five (5) minutes per speaker.1,3 2.Public Hearing: Recommend that the City Council Adopt an Ordinance Amending Chapter 18.18 (Downtown Commercial District) of Title 18 (Zoning) of the Palo Alto Municipal Code to Repeal Section 18.18.040 Regarding a Nonresidential Square Footage Cap in the CD Downtown Commercial Zoning District to Implement and Conform to the Updated Comprehensive Plan. CEQA: Comprehensive Plan Environmental Impact Report (EIR), Council Resolution No. 9720 3.The Planning and Transportation Commission Will Review and may Amend the PTC By-Laws and Procedural Rules.(Continued from June 27, 2018) Approval of Minutes Public Comment is Permitted. Five (5) minutes per speaker.1,3 _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. 4.April 11, 2018 Draft Planning & Transportation Commission Meeting Minutes 5.May 30, 2018 Draft Planning & Transportation Commission Meeting Minutes 6.June 13, 2018 Draft Planning & Transportation Commission Meeting Minutes Committee Items Commissioner Questions, Comments, Announcements or Future Agenda Items Adjournment April 11 Draft Minutes May 30, 2018 Draft Minutes June 13, 2018 Draft Minutes _______________________ 1. Spokespersons that are representing a group of five or more people who are identified as present at the meeting at the time of the spokesperson’s presentation will be allowed up to fifteen (15) minutes at the discretion of the Chair, provided that the non-speaking members agree not to speak individually. 2.The Chair may limit Oral Communications to 30 minutes for all combined speakers. 3.The Chair may reduce the allowed time to speak to three minutes to accommodate a larger number of speakers. Palo Alto Planning & Transportation Commission Commissioner Biographies, Present and Archived Agendas and Reports are available online: http://www.cityofpaloalto.org/gov/boards/ptc/default.asp. The PTC Commission members are: Chair Ed Lauing Vice Chair Susan Monk Commissioner Michael Alcheck Commissioner Przemek Gardias Commissioner William Riggs Commissioner Doria Summa Commissioner Asher Waldfogel Get Informed and Be Engaged! View online: http://midpenmedia.org/category/government/city-of-palo-alto/ or on Channel 26. Show up and speak. Public comment is encouraged. Please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Commission Secretary prior to discussion of the item. Write to us. Email the PTC at: Planning.Commission@CityofPaloAlto.org. Letters can be delivered to the Planning & Community Environment Department, 5th floor, City Hall, 250 Hamilton Avenue, Palo Alto, CA 94301. Comments received by 2:00 PM two Tuesdays preceding the meeting date will be included in the agenda packet. Comments received afterward through 2:00 PM the day of the meeting will be presented to the Commission at the dais. Material related to an item on this agenda submitted to the PTC after distribution of the agenda packet is available for public inspection at the address above. Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329-2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. Planning & Transportation Commission Staff Report (ID # 9400) Report Type: City Official Reports Meeting Date: 7/25/2018 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: City Official Report Title: Assistant Directors Report, Meeting Schedule and Assignments From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC) review and comment as appropriate. Background This document includes the following items:  PTC Meeting Schedule  PTC Representative to City Council (Rotational Assignments)  Tentative Future Agenda Commissioners are encouraged to contact Yolanda Cervantes (Yolanda.Cervantes@CityofPaloAlto.org) of any planned absences one month in advance, if possible, to ensure availability of a PTC quorum. PTC Representative to City Council is a rotational assignment where the designated commissioner represents the PTC’s affirmative and dissenting perspectives to Council for quasi- judicial and legislative matters. Representatives are encouraged to review the City Council agendas (http://www.cityofpaloalto.org/gov/agendas/council.asp) for the months of their respective assignments to verify if attendance is needed or contact staff. Prior PTC meetings are available online at http://midpenmedia.org/category/government/city-of-palo-alto/boards- and-commissions/planning-and-transportation-commission. The Tentative Future Agenda provides a summary of upcoming projects or discussion items. Attachments:  Attachment A: July 25, 2018 PTC Meeting Schedule and Assignments (DOCX) Draft Planning & Transportation Commission 2018 Meeting Schedule & Assignments 2018 Schedule Meeting Dates Time Location Status Planned Absences 1/10/2018 6:00 PM Council Chambers Regular Riggs, Waldfogel 1/17/2018 6:00 PM Council Chambers Special 1/31/2018 6:00 PM Council Chambers Regular 2/14/2018 6:00 PM Council Chambers Regular 2/28/2018 6:00 PM Council Chambers Regular Cancelled 3/14/2018 6:00 PM Council Chambers Regular 3/28/2018 6:00 PM Council Chambers Regular Riggs 4/11/2018 6:00 PM Council Chambers Regular 4/25/2018 6:00 PM Council Chambers Regular Lauing, Riggs 5/09/2018 5/22/2018 6:00 PM 6:00 PM Council Chambers Council Chambers Regular Special Cancelled(Alcheck, Lauing, Monk, Riggs) Alcheck 5/30/2018 6:00PM Council Chambers Regular 6/13/2018 6:00 PM Council Chambers Regular Alcheck, Riggs 6/27/2018 6:00 PM Council Chambers Regular Alcheck 7/11/2018 6:00 PM Council Chambers Regular Cancelled 7/25/2018 6:00 PM Council Chambers Regular 8/08/2018 6:00 PM Council Chambers Regular Cancelled 8/29/2018 6:00 PM Council Chambers Regular 9/12/2018 6:00 PM Council Chambers Regular 9/26/2018 6:00 PM Council Chambers Regular 10/10/2018 6:00 PM Council Chambers Regular 10/31/2018 6:00 PM Council Chambers Regular Cancelled 11/14/2018 6:00 PM Council Chambers Regular 11/28/2018 6:00 PM Council Chambers Regular 12/12/2018 6:00 PM Council Chambers Regular 12/26/2018 6:00 PM Council Chambers CANCELLED 2018 Assignments - Council Representation (primary/backup) January February March April May June Ed Lauing Susan Monk Doria Summa Przemek Gardias Michael Alcheck Billy Riggs Asher Waldfogel Michael Alcheck Przemek Gardias Susan Monk Ed Lauing Doria Summa July August September October November December Asher Waldfogel Ed Lauing Przemek Gardias Susan Monk Michael Alcheck Asher Waldfogel Billy Riggs Michael Alchek Asher Waldfogel Doria Summa Przemek Gardias Ed Lauing Draft Planning & Transportation Commission 2018 Tentative Future Agenda July 17, 2018 Draft-All Dates and Topics Subject to Change The Following Items are Tentative and Subject to Change: Meeting Dates Topics August 8, 2018  Cancelled August 29, 2018  Framework for 2018 Comp Plan/Housing Ordinance  3877 El Camino Real: Tentative Map  874 Boyce Road Preliminary Parcel Map September 12, 2018  Housing Work Plan Ordinance  CEQA Ordinance September 26, 2018  Housing Work Plan: Recommendation on Draft Ordinance October 10, 2018  TMA Study Session  2018 Comp Plan Implementation/Housing Ordinance October 31, 2018  Cancelled Planning & Transportation Commission Staff Report (ID # 9446) Report Type: Action Items Meeting Date: 7/25/2018 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Downtown Cap: Repeal of PAMC Chapter 18.18.040 Title: Public Hearing: Recommend that the City Council Adopt an Ordinance Amending Chapter 18.18 (Downtown Commercial District) of Title 18 (Zoning) of the Palo Alto Municipal Code to Repeal Section 18.18.040 Regarding a Nonresidential Square Footage Cap in the CD Downtown Commercial Zoning District to Implement and Conform to the Updated Comprehensive Plan. CEQA: Comprehensive Plan Environmental Impact Report (EIR), Council Resolution No. 9720 From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) consider the Comprehensive Plan Environmental Impact Report (EIR) and recommend that the City Council adopt an ordinance amending chapter 18.18 (Downtown Commercial District) of Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to repeal section 18.18.040 regarding a nonresidential square footage cap in the CD Downtown Commercial Zoning District to implement and conform to the updated Comprehensive Plan. Report Summary Palo Alto Municipal Code (PAMC) Section 18.18.040 established a non-residential square footage cap in the CD downtown Commercial District. The code section implemented Land Use Program L-8 from the 1998 Comprehensive Plan, which included a 350,000 square foot cap for non-residential square footages downtown. Following Council direction, the Comprehensive Plan Update 2030, adopted in November 2017, replaced the previous nonresidential cap program with a citywide cap for new office/R&D square footage. A separate ordinance continuing the annual limit on new office space for the downtown, California Avenue Area and El Camino Real was also adopted on May 21, 2018, regulating the pace of growth. The proposed repeal of PAMC Section 18.18.040 would bring the Municipal Code into conformance City of Palo Alto Planning & Community Environment Department Page 2 with the recently adopted Comprehensive Plan, reflecting the policy change to focus on limiting office/R&D growth citywide. Background Section 18.18.040 of the Palo Alto Municipal Code codified a maximum for new nonresidential square footage in the Downtown Commercial (CD) Zoning District to implement Program L-8 of the 1998 Comprehensive Plan. Program L-8, which focused on the downtown, and the associated Policy L-8, limited new nonresidential square footage in nine monitored areas within Palo Alto. Policy L-8 and Program L-8 were both replaced in the Comprehensive Plan Update last November with a new set of policy and programs that replaced the cap on nonresidential square footage with limits for office/R&D growth only and expanded it city wide. PAMC Section 18.18.040 states: 18.18.040 Repeal of Regulations The department of planning and community environment shall monitor the number of square feet approved for nonresidential development in the CD district and the number of square feet approved for nonresidential development pursuant to a planned community (PC) zone if the site of the PC zone was within the CD district on the effective date of his chapter. When 350,000 square feet of nonresidential development have received final design review approval pursuant to Chapter 18.76 or have received building permits, if no design approval is required, this chapter shall be repealed and a moratorium shall be imposed. This moratorium shall prohibit the city's acceptance or processing of any application for planning approval or a building permit for new nonresidential square footage in the CD district. This moratorium shall remain in effect for one year while the city undertakes a study of what regulations would be appropriate in the CD district. The moratorium may be extended by the council until such study is completed and appropriate regulations are implemented. The associated 1998 Comprehensive Plan Program L-8 stated: Program L-8: Limit new non-residential development in the Downtown area to 350,000 square feet, or 10% above the amount of development existing or approved as of May 1986. Reevaluate this limit when non-residential development approvals reach 235,000 square feet of floor area. PAMC Section 18.18.040 codified a maximum growth of 350,000 square feet and stipulated that the CD development cap was to be re-evaluated when net new non-residential development reached 235,000 square feet. As required by the Comprehensive Plan and Zoning Code, City staff has monitored and prepared annual reports to the City Council regarding development activity, vacancy rates and commercial lease rates in order to evaluate the City of Palo Alto Planning & Community Environment Department Page 3 effectiveness of these regulations. As of July 12, 2018, new downtown non-residential development has not reached the previously established cap. Discussion1 As required under PAMC Section 18.18.040, the City initiated a study in 2013 to re-evaluate the downtown cap for land use and traffic conditions and other impacts, when the total amount of new nonresidential square footage approached 235,000. The City Council awarded a contract in October 2013 for the Downtown Development Cap Study to Dyett and Bhatia Urban and Regional Planners. The Downtown Development Cap study was proposed to be completed in two phases. Phase I focused on data collection and projection analysis, while Phase II was to be the policy analysis phase. Phase I was completed and the associated studies were submitted to both the PTC and City Council for review. The studies included existing trends and conditions, downtown development cap evaluations and a downtown business survey. During the preparation of the Downtown Cap Study, there were two significant related land use efforts also under way: the Annual Office Limit and the Comprehensive Plan Update. In response to the concerns raised by dramatic job growth since the end of the most recent recession, the City Council adopted an interim ordinance in 2015, later extended in 2017, placing an annual limit on new office/R&D square footages in downtown, the California Avenue and El Camino Real areas. The purpose of this growth management regulation was to control the pace of growth during a trial period. The Comprehensive Plan Update (Comp Plan), initiated in 2008, was concurrently being reviewed and discussed by the City Council during the preparation of the Downtown Cap Study. At the January 30, 2017 hearing on the Comprehensive Plan Land Use Element, the City Council adopted a motion that directed that the revised Land Use Element maintain a citywide cap focused on new office/R&D development instead of all nonresidential square footage (https://www.cityofpaloalto.org/civicax/filebank/documents/56153). The Council’s motion also eliminated the downtown cap and directed staff to prepare an ordinance to make permanent the annual limit that was adopted. The permanent annual limit for new office/R&D square footage downtown, California Avenue and El Camino Real was approved and incorporated into the Municipal Code (PAMC Chapter 18.40.210) in May 2018. The Downtown Cap studies have been used to support these two efforts as well. The Comp Plan Update, when approved in November 2017, included a revised growth management policy reflecting the motion from the January 30, 2017 Council motion 1 The information provided in this section is based on analysis prepared by the report author prior to the public hearing. The Planning and Transportation Commission in its review of the administrative record and based on public testimony may reach a different conclusion from that presented in this report and may choose to take an action that is different than the recommended action. City of Palo Alto Planning & Community Environment Department Page 4 (https://www.cityofpaloalto.org/civicax/filebank/documents/62915). New Land Use Policy L1.10 was adopted, which stated that a cap should be placed on new office/R&D uses only. Policy L1.10: Maintain a citywide cap of 1.7 million new square feet of office/R&D development, exempting medical office uses in the Stanford University Medical Center (SUMC) vicinity. Use January 1, 2015 as the baseline and monitor development towards the cap on an annual basis. Require annual monitoring to assess the effectiveness of development requirements and determine whether the cap and the development requirements should be adjusted. Continue to exempt medical, governmental and institutional uses from the cap on office/R&D development. The associated program L1.10.1 replaced the previous downtown specific program requiring re- evaluation when new office space approaches 67% of the allowed square footage citywide. Program L10.1: Re-evaluate the cumulative cap when the amount of new office/R&D square footage entitled since January 1, 2015 reaches 67% of the allowed square footage, or 1,139,000. Concurrently consider removal or potential changes to the cap and/or to the amount of additional development permitted by the City’s zoning ordinance. The proposed removal of PAMC Section 18.18.040 would be consistent with Council direction from January 30, 2017 and make the Municipal Code consistent with the growth management policies of the updated Comp Plan. Staff will monitor office/R&D growth per Policy L-10 and growth will also be limited per the annual office limit ordinance. Environmental Review The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, this Ordinance is within the scope of the Comprehensive Plan Environmental Impact Report (EIR) certified and adopted on November 13, 2017 by Council Resolution No. 9720. Public Notification, Outreach & Comments The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper at least ten days in advance. Notice of the public hearing for this project was published in the Palo Alto Weekly on July 13, 2018. Next Steps Upon recommendation from the PTC, staff will forward the recommended ordinance to City Council for review and final action. Alternative Actions City of Palo Alto Planning & Community Environment Department Page 5 In addition to the recommended action, the Planning and Transportation Commission may: 1. Recommend adoption of the draft ordinance to the City Council with modifications. 2. Continue the discussion to a future PTC hearing with the expectation that a recommendation to the City Council would be forwarded at that time. Report Author & Contact Information PTC2 Liaison & Contact Information Elena Lee, Senior Planner Jonathan Lait, AICP, Assistant Director (650) 617-3196 (650) 329-2679 Elena.Lee@cityofpaloalto.org jonathan.lait@cityofpaloalto.org Attachments:  Attachment A: Ordinance Amending Chapter 18.18 (Downtown CD) to Repeal Downtown Development Cap (PDF) 2 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org jb SL/Amending ORD 18.18 (DC) District 1 July 2018 ** NOT YET ADOPTED ** DRAFT Ordinance No. ____ Ordinance of the Council of the City of Palo Alto Amending Chapter 18.18 (Downtown Commercial District) of Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to Repeal Section 18.18.040 Relating to a Nonresidential Square Footage Cap in the CD Downtown Commercial Zoning District to Implement and Conform to the Updated Comprehensive Plan 2030 The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. The 1998 Comprehensive Plan for the City of Palo Alto included a program, Land Use Program L-8, to limit new nonresidential development in the Downtown area to 350,000 square feet or 10 percent above the amount of development existing or approved as of May 1986 (the “Downtown cap”), and to re-evaluate this limit when nonresidential development reached 235,000 square feet. This program perpetuated the already existing Downtown cap adopted in 1986 by Ordinance No. 3696 which had amended the Zoning Code to add a new chapter codifying the Downtown cap. B. Beginning in 2013, when Downtown nonresidential development was approaching 235,000 square feet, the City re-evaluated the Downtown cap, studying land use and traffic conditions and impacts, at the same time that the Comprehensive Plan update process was underway. C. As part of Council’s process for adoption of the updated Comprehensive Plan in 2017, the Council determined to maintain a cumulative citywide cap on nonresidential development of 1.7 million square feet and apply it to office/R&D development only with certain exemptions, to continue on an ongoing basis the annual limit on office/R&D development by a separate ordinance, and to eliminate the 350,000 square foot cap on nonresidential development in the Downtown in then-existing Program L-8 and focus on monitoring development and parking demand. Accordingly, former Program L-8 is not included in the Comprehensive Plan 2030 as adopted by the Council on November 13, 2017. D. This Ordinance, which would remove the Downtown cap from the Zoning Code, implements and is in furtherance of the updated Comprehensive Plan 2030. SECTION 2. Section 18.18.040 (Repeal of Regulations) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) is repealed in its entirety. 18.18.040 Repeal of Regulations jb SL/Amending ORD 18.18 (DC) District 2 July 2018 The department of planning and community environment shall monitor the number of square feet approved for nonresidential development in the CD district and the number of square feet approved for nonresidential development pursuant to a planned community (PC) zone if the site of the PC zone was within the CD district on the effective date of this chapter. When 350,000 square feet of nonresidential development have received final design review approval pursuant to Chapter 18.76 or have received building permits, if no design approval is required, this chapter shall be repealed and a moratorium shall be imposed. This moratorium shall prohibit the city's acceptance or processing of any application for planning approval or a building permit for new nonresidential square footage in the CD district. This moratorium shall remain in effect for one year while the city undertakes a study of what regulations would be appropriate in the CD district. The moratorium may be extended by the council until such study is completed and appropriate regulations are implemented. SECTION 3. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Council finds that the Ordinance is within the scope of and in furtherance of the Comprehensive Plan 2030 which was evaluated in that certain Final Environmental Impact Report (“Final EIR”) certified and for which findings were adopted by Council Resolution Nos. 9720 and 9721 on November 13, 2017, all in accordance with the California Environmental Quality Act (“CEQA”). Pursuant to Section 15168 of the State CEQA Guidelines, the City has determined that no new effects would occur from and no new mitigation measures would be required for the adoption of this Ordinance. SECTION 6. This Ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: jb SL/Amending ORD 18.18 (DC) District 3 July 2018 ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning & Community Environment Planning & Transportation Commission Staff Report (ID # 9419) Report Type: Study Session Meeting Date: 7/25/2018 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: PTC By-Laws/Procedures Title: The Planning and Transportation Commission Will Review and may Amend the PTC By-Laws and Procedural Rules.(Continued from June 27, 2018) From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC): 1. Discuss and adopt amendments to PTC Bylaws (Attachment A), which were first introduced and discussed at the Commission’s June 27, 2018 meeting; and 2. Discuss the proposed amendments to the PTC Procedural Rules (Attachment B) and adopt the proposed amendments or direct staff to return with further revisions to the PTC Procedural Rules. Discussion This report retransmits the staff report from the PTC’s June 27, 2018 meeting (Attachment C) along with proposed revisions to the PTC’s Bylaws and Procedural Rules. The proposed Procedural Rules are unchanged from the document previously provided. The proposed Bylaws include minor clarifications suggested by Commissioner Waldfogel on June 27, 2018. Report Author & Contact Information PTC1 Liaison & Contact Information Albert Yang, Deputy City Attorney Jonathan Lait, AICP, Assistant Director (650) 329-3549 (650) 329-2679 jonathan.lait@cityofpaloalto.org Attachments:  Attachment A: Draft Revised PTC Bylaws (PDF) 1 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org City of Palo Alto Planning & Community Environment Department Page 2  Attachment B: Draft PTC Revised Procedural Rules (PDF)  Attachment C: June 27, 2018 PTC By-Laws and Procedural Report (without attachments) (PDF) 1 180712 syn 0120017 BYLAWS OF THE PLANNING AND TRANSPORTATION COMMISSION OF THE CITY OF PALO ALTO Adoption and Purpose. The Planning and Transportation Commission of the City of Palo Alto (“Commission”) desires to update its existing Rules and Regulations and Bylaws in order to facilitate public participation in Commission proceedings, assure procedural fairness during meetings and hearings, and satisfy the requirements of Government Code Section 65804, which requires that the Commission develop and publish procedural rules for the conduct of its hearings. Accordingly, the Commission hereby adopts these Bylaws, which shall govern the conduct of Commission proceedings on and after August 1July 27, 20052018. These Bylaws supersede and replace the document entitled Bylaws of the Palo Alto Planning Commission adopted on April 24, 1996August 1, 2005. Section 1. Creation; Duties of Commission. The Commission is created pursuant to Chapter 2.20 of the Palo Alto Municipal Code, and shall perform any duties imposed upon it by ordinances of the City of Palo Alto, applicable state or federal law, including preparation of the long-long range general comprehensive plan; recommendation of all additions or changes to the City’s zoning regulations; review and recommendation regarding all tentative subdivision maps; site and design review in designated zones and corridors; and certain appeals from a decision of the Director of Planning and Community Environment. In addition, the Commission shall, as requested by the City Council, the City Manager, or the Director of Planning and Community Environment, provide advice on any matter pertaining to land use planning and transportation systems affecting the City. Section 2. Officers. 2.0 The officers of the Commission shall consist of a Chairperson, Vice Chairperson, and a Secretary. 2.1 The offices of Chairperson and Vice Chairperson shall be filled by election of members of the Commission from among their members, and persons so elected shall serve for a term of one year or until their successors are elected. The election shall be held at the end of the first regular Commission meeting conducted on or after August 1January 1 of each calendar year, or on an alternative date certain established by the Commission at such meeting. In the event that either office becomes vacant during the regular term, the Commission shall elect a member to serve the remainder of the term. 2.2 The Director of Planning and Community Environment, or the Director’s designee, shall serve as Secretary of the Commission. 2 180712 syn 0120017 2.3 The duties of the officers of the Commission shall be as follows: 2.3.1 It shall be the duty of the Chairperson to preside over all meetings of the Commission, to appoint committees and to serve as an ex-officio member of all committees so appointed, to call special meetings of the Commission as provided by law and to designate the time and place of such meetings, to sign documents and correspondence in the name of the Commission, and to represent the Commission before the City Council, its committees, and such other groups and organizations as may be appropriate. The Chairperson may designate another member to act in his or her stead. The Chairperson shall have the same voting rights as other members of the Commission. 2.3.2 It shall be the duty of the Vice Chairperson to assist the Chairperson and to preside over meetings of the Commission during the Chairperson’s absence. 2.3.3 It shall be the duty of the Secretary to keep a record of all the meetings of the Commission, to accept and file in the name of the Commission documents and correspondence addressed to it and to present all such correspondence to the Commission. Section 3. Committees. The Chairperson may appoint special committees as required or desired. Section 4. Quorum. Four membersA majority of the fixed membership of the Commission shall constitute a quorum for doing business (i.e. for a seven member Commission, a quorum shall be four members). When there is no quorum at the commencement of or at any time during a meeting of the Commission, the Chairperson or Vice Chairperson, or in such officers’ absence any Commission member, shall adjourn the meeting, or if no Commission member is present, the Secretary shall adjourn the meeting. Section 5. Regular and Special Meetings. 5.0 Regular meetings of the Commission shall be held twice a month, on the second and last Wednesdays of each and every month. Regular meetings shall be held at 76:00 p.m. in the Council Chambers of the City Hall, 250 Hamilton Avenue. 5.1 Special meetings may be called at any time by a majority of the Commission members present and voting at a regular meeting. In addition, a special meeting may be called by the Chairperson or by a majority of the members of the Commission, in accordance with the procedures for calling special meetings set forth in the California Government Code, § 54959, et seq. (Ralph M. Brown Act, hereinafter referred to as the “Brown Act”). Notice of any special meeting shall be provided in the manner required under the Brown Act, and no business other than that set forth in the 3 180712 syn 0120017 notice shall be considered by the Commission at the special meeting. Special meetings, including but not limited to field trips, may be held at locations other than City Hall as specified in the meeting notice; however, no such meeting shall be held outside the City limits of the City of Palo Alto unless allowed by the Brown Act. 5.2 Any regular or special meeting of the Commission may be adjourned to a subsequent date for continuation or completion of the business on the Commission’s agenda at the meeting. Notice of such adjournment shall be provided in the manner required under the Brown Act. 5.3 All regular and special meetings of the Commission shall be open to the public; provided, however, that closed sessions may be held from which the public may be excluded for any purpose lawful under state law. 5.4 Any regular or special meeting of the Commission may include or be held as a Study Session. Notice of the Study Session and the opportunity for public participation shall be provided in the same manner as may be required by law for action on the item(s) set for discussion. Study sessions shall not be for the purpose of taking evidence with respect to a project. Neither the Commission or staff may rely upon information obtained or comments made during a Study Session, unless such information or comments are reintroduced during a subsequent noticed public hearing on the merits of the item(s) discussed at the Study Session. Section 6. Agendas. The agenda for all regular and special meetings of the Commission shall be prepared in writing by the staff of the Department of Planning and Community Environment shall be posted within the time and in the manner required by the Brown Act. The agenda for regular meetings will generally be closed and no additional items accepted after 5:00 PM of the Thursday preceding the regular meeting. Additional items may be added thereafter only in conformance with the requirements of the Brown Act. Whenever feasible, a complete copy of each regular meeting agenda and all supporting materials will be delivered or mailed to each Commission member so as to reach the recipient not later than 7:00 PM on the Friday preceding the meeting. Section 7. Conduct of Meetings. 7.0 The Chairperson, the Vice Chairperson, the temporary presiding officer appointed by the Chairperson, or, if necessary, whichever member of the Commission in attendance with the longest tenure on the Commission, shall take the chair at the time designated for the start of the meeting, and shall call the Commission to order. 7.1 The presiding officer shall preserve order and decorum at all meetings of the Commission, announce the Commission’s decision on all subjects, and decide all questions of order subject to any appeal procedure set forth in the Commission’s Procedural Rules. 4 180712 syn 0120017 7.2 The Secretary shall call the roll of the Commission members and shall record the names of those present and those absent. 7.3 The Commission may, by a majority vote of its fixed membership, adopt or amend Procedural Rules to be followed at regular or special meetings of the Commission to the extent such procedures are not in conflict with these Bylaws, or any applicable local, state or federal law. The Procedural Rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the basis for challenge to or invalidation of any action of the Commission, nor shall they be construed to create an independent remedy or right of action of any kind. Section 8. Record of Hearing. When a matter is contested and a written request is made prior to the date of the Commission’s hearing on the matter, the Secretary shall ensure that a record of the hearing is made and duly preserved, a copy of which shall be made available at cost. The Secretary may require a deposit from the person making the request. Section 9. Amendment. These Bylaws may be amended, revised, or repealed by the affirmative vote of four membersmajority vote of the fixed membership of the Commission. Proposed amendment, revisions, or repeal must be submitted at a regular meeting of the Commission and may not then be voted upon until the next regular meeting. Section 10. Bylaws Available to Public. Upon adoption, these Bylaws and any Procedural Rules adopted by the Commission pursuant to Section 7.3 hereof shall be transmitted to each member of the Commission, to the City Council, and to the City Clerk. Copies of the Bylaws and Procedural Rules shall be made available to the public in the Department of Planning and Community Environment and at each meeting of the Commission. THE FOREGOING BYLAWS WERE FIRST PRESENTED ON JUNE 29, 200527, 2018, WERE ADOPTED BY MAJORITY VOTE OF THE PALO ALTO PLANNING AND TRANSPORTATION COMMISSION AT A REGULAR MEETING HELD ON THE 27TH 25TH DAY OF JULY, 20052018, AND SHALL BE EFFECTIVE ON AUGUST 318, 20052018. 5 180712 syn 0120017 Planning and Transportation Commission Procedural Rules _______________________________________________________________ _______________________________________________________________________ 180619 mt 8261952 Revised August 2012 Introduction & Contents The Planning and Transportation Commission (“Commission”) is required by its Bylaws to establish additional procedural rules governing the conduct of regular and special meetings of the Commission. These Procedural Rules supplement the Bylaws and are to be construed consistent with those Bylaws. In the event of any conflict between these Rules and the Bylaws, the Bylaws shall prevail. These rules are organized in five sections. Public Participation in Commission Meetings This section explains the basic rules for speaking to the Planning and Transportation Commission. It covers things like when to speak, time limits, and how groups of speakers are handled. Order of Commission Business; Site Visits; Off-site Meetings; This section explains how the meeting agenda is prepared. Motions, Debate & Voting This section explains the simplified rules of parliamentary procedure the Commission follows (like Roberts’ Rules of Order, but simpler!). Quasi-Judicial Proceedings This section explains the special way the Commission handles hearings that raise constitutional due process concerns. These are usually hearings that seriously impact someone’s life, liberty or property. Special Meetings/Committees This section explains the purpose and process for special meetings and the use of Commission subcommittees. Planning and Transportation Commission Procedural Rules ________________________________________________________________ _________________________________________________________________ I-1 180619 syn 0120137 ____ I. Public Participation in Commission Meetings A. Policy. It is the policy of the Commission to assure that members of the public have the opportunity to speak to any regular or special meeting agenda item before final action. In addition, an opportunity will be provided for members of the public to address the Commission on items within its purview but not on the agenda at each regular or special meeting. These rules establish the rights and obligations of persons who wish to speak during Commission meetings. B. General Requirements. 1. Accessibility. Palo Alto makes every reasonable effort to accommodate the needs of the disabled. Any provision of these rules may be modified if needed to provide reasonable accommodation. Persons needing assistance should contact: Fred Herman, ADA Director, City of Palo Alto, 650/329- 2496 (voice) or 650/328-1199 (TDD). 2. Presiding Officer's Permission Required. The presiding officer at Commission meetings (usually the Chair or Vice-Chair) is responsible for preserving strict order and decorum. This is important in order to assure a fair opportunity for everyone to participate in an open and civil setting. a) Any person desiring to address the Commission must first get the permission of the presiding officer by completing a speaker card and handing the card to the Secretary. b) The presiding officer shall recognize any person who has given a completed card to the Secretary. c) Except as provided by these rules, no person shall be permitted to enter into any discussion without the permission of the presiding officer. 3. Recording and Identification. Persons wishing to address the Commission shall comply with the following: a) Use the microphone provided for the public and speak in a recordable tone, either personally or with assistance, if necessary. Planning and Transportation Commission Procedural Rules ________________________________________________________________ _________________________________________________________________ I-2 180619 syn 0120137 ____ b) State their name and City of residence. 4. Specific Requirements and Time Limits. a) Oral Communications. Oral communications shall be limited to three minutes per speaker and will be limited to a total of thirty minutes for all speakers combined. 1) Oral communications may be used only to address items that are within the Commission’s subject matter jurisdiction, but not listed on the agenda. 2) Oral communications may not be used to address matters where the receipt of new information would threaten the due process rights of any person. 3) All remarks shall be addressed to the Commission as a body and not to any individual member. 4) Commissioners shall not enter into debate or discussion with speakers during oral communications. 5) The presiding officer may request that City staff respond to the person speaking and/or the Commission at a later date. b) Other Agenda Items. Public comments or testimony on agenda items other than Oral Communications shall be limited to a maximum of five minutes per speaker unless additional time is granted by the presiding officer. The presiding officer may reduce the allowed time to speak to three minutes if necessary to accommodate a larger number of speakers. 1) Spokesperson for a Group. When any group of people wishes to address the Commission on the same subject matter, the presiding officer will inform the group that a spokesperson may be chosen by the group to address the Commission. Spokespersons who are representing a group of five or more people who are identified as present at the Commission meeting at the time of the spokesperson’s presentation will be allowed up to ten minutes at the Planning and Transportation Commission Procedural Rules ________________________________________________________________ _________________________________________________________________ I-3 180619 syn 0120137 ____ discretion of the presiding officer, provided that the non-speaking members agree not to speak individually. 2) Quasi-Judicial Hearings. In the case of a quasi-judicial hearing, applicants and/or appellants, as applicable, shall be given fifteen minutes each for their opening presentation and three minutes for rebuttal before the hearing is closed. When the appeal is brought by a party other than the applicant, the appellant’s opening statement should precede the applicant’s opening statement and the appellant’s rebuttal should follow precede the applicant’s sur-rebuttal. In the event a request is made and the need for additional time is clearly established, the presiding officer shall independently, or may upon advice of the Commission’s attorney, grant sufficient additional time to allow an adequate presentation by the applicant or appellant in a hearing required by law. A person who participates during the fifteen minute period allotted for Members of appellants’ and/or applicants’ teams may not speak during the time allotted for public comment without first securing the permission of the presiding officer. 3) Addressing the Commission after a Motion. Following the time for public input and once the matter is returned to the Commission no person shall address the Commission without first securing the permission of the Commission, subject to approval of the Commission’s Attorney with respect to any hearing required by law. ∙∙●●●∙∙ Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ II-1 180619 syn 0120137 ____ II. Commission Meeting & Agenda Guidelines A. Any Commission member who is unable to attend a regular or special meeting of the Commission shall notify the Commission Chair and/or Secretary as soon as possible before being absent from a Commission meeting. B. At 6 p.m. on the day of each regular meeting, the Commission members (or a start time otherwise listed on the Commission agenda), Secretary, and such other city officers and staff as have been requested to be present or whose presence is necessary and appropriate to the conduct of the Commission’s business, shall take their regular stations in the meeting room, and the business of the Commission shall be taken up for consideration and disposition in the following order; except, that with the consent of the Commission members present, matters may be taken up out of order, and except as provided in subsection C: (1) Call to Order (2) Roll call (The Chair should announce arrival of any commissioners not present for roll call for the record); (3) Oral communications upon items not appearing elsewhere on the Commission's agenda; (4) Agenda changes, additions, and deletions; (5) Reports of officials (6) Consent calendar, if applicable; (5) Unfinished business; (67) Unfinished and New business; (78) Reports of committees; (8) Reports of officials; (9) Approval of minutes of previous meeting(s); Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ II-2 180619 syn 0120137 ____ (10) Future agenda planning (1011) Commission member Questions, Comments and Announcements. (1112) Adjournment. C. Commission Member Question, Comments and Announcements. During Commission member Questions, Comments and Announcements, Commission members may question staff briefly on matters upon which Commission has taken action or given direction, make general comments as a reference to staff on factual matters of community concern, or make brief announcements in a manner consistent with Government Code section 54952.2 (Brown Act). New assignments will not be given nor will major policy issues be discussed or considered. To the extent possible, Commission members will confer with staff before raising matters under this agenda item. This agenda item will generally be limited to 15 minutes in length and the public may not speak to matters discussed. D. Consent Calendar. Items may be placed upon the consent calendar by the Secretary whenever, in his or her judgment, such items are expected to be routinely approved without discussion or debate. Quasi-judicial items typically should not be considered on the consent calendar. The consent calendar shall be voted upon as one item. Any Commissioner may request that an item be removed from the consent calendar; if the request is seconded, the item will be removed from the consent calendar and the Chair, in consultation with the Secretary, will determine when the item will be heard. Any member of the public wishing to speak to an item on the consent calendar shall be afforded an opportunity to speak prior to the Commission’s taking action. E. Items to be Considered After Nine p.m. Before nine p.m. the Commission will determine whether it will commence any new items after nine p.m. and shall determine which specific items will be taken up. The Commission will make every reasonable effort to complete the agenda before ten p.m. EF. Scheduling of Closed Session. Any closed sessions scheduled under Section V.F of these rules shall be scheduled to the extent possible and appropriate prior to regular or special Commission meetings. Any closed session may be scheduled during or after a regular or special Commission meeting. FG. Meeting Adjourned Without Date Certain. When a regular meeting is adjourned without specification of a date certain for consideration of continued business, all unfinished items will be listed under unfinished business on the next regular Commission meeting agenda; except that, where deemed appropriate, the Secretary may place those items in a different order on the agenda. Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ II-3 180619 syn 0120137 ____ GH. Continued Items; Meeting Adjourned to Date Certain. When an item on the agenda is continued to a subsequent meeting, or when a meeting is adjourned to a date certain, all continued and/or unfinished items will be listed under unfinished business on such agenda unless the Secretary deems it appropriate to place such item at a different location on such agenda. HI. No final action shall be taken on matters other than those on the agenda; provided, however, that matters deemed to be emergencies or of an urgent nature by any Commission member, the City Manager, the Director of Planning and Community Environment, or the Commission’s Attorney, with an explanation of the emergency or urgency stated in open Commission meeting and deemed adequate under state law (Brown Act) by the Commission’s Attorney may, with the consent of two-thirds of all members, or if less than two-thirds are present, with the consent of all members, be considered and acted upon by the Commission. ∙∙●●●∙∙ Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ III-1 180619 syn 0120137 ____ III. Motions, Debate & Voting A. Policy. It is the policy of the Commission to follow simplified rules of parliamentary procedure for motions, debate and voting. These rules focus on the types of motions the Commission can debate and when those motions are properly used. 1. Purpose. The purpose of these rules is to facilitate orderly and thorough discussion and debate of Commission business. These rules shall not be applied or used to create strategic advantage or unjust results. 2. Summary of Rules. Palo Alto does not follow Roberts Rules of Order. See the Summary Table below. 2.3. Commissioner Conduct. Commissioners are expected to prepare in advance of meetings, be familiar with issues on the agenda, and focus comments on the issues at hand. Commissioners should demonstrate professionalism, respect, and courtesy to members of the public, fellow Commissioners, and staff; for example, during meetings Commissioners should limit cell phone use, practice active listening, avoid ad hominem arguments, and respect the role of the Chair and Vice-Chair in maintaining the order and decorum of the meeting. B. Motions. A motion is a formal proposal by a Commissioner asking that the Commission take a specified action. A motion must receive a second before the Commission can consider a matter. 1. Types of Motions. There are two kinds of motions. These are the “main” motion and any secondary motions. Only one main motion can be considered at a time. 2. Procedure. a) Get the Floor. A Commissioner must receive the permission of the presiding officer before making a motion. b) State the Motion. A motion is made by a Commissioner (the “maker”) stating his or her proposal. Longer proposals can be written and may be in the form of a resolution. Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ III-2 180619 syn 0120137 ____ c) Second Required. Any other Commissioner (including the presiding officer) who supports the proposal (or who simply wishes it to be considered) may “second” the motion without first being recognized. A motion to raise a question of personal privilege does not require a second. If there is no second stated immediately, the presiding officers should ask whether there is a second. If no Commissioner seconds the motion the matter will not be considered. d) Motion Restated. The presiding officer should restate the motion for the record, particularly if it is long or complex. e) Lack of a Second. If there is no second stated immediately, the presiding officers should ask whether there is a second. If no Commissioner seconds the motion the matter will not be considered. f)e) Discussion. The maker shall be the first Commissioner recognized to speak on the motion if it receives a second. Generally Commissioners will speak only once with respect to a motion. If the presiding officer or Commission permits any Commissioner to speak more than once on a motion, all Commissioners shall receive the same privilege. g)f) Secondary Motions. Secondary motions may be made by a Commissioner upon getting the floor. h)g) Action. After discussion is complete the Commission will vote on the motion under consideration. 3. Precedence of Motions. When a motion is before the Commission, no new main motion shall be entertained. The Commission recognizes the following secondary motions, which may be considered while a main motion is pending. These motions shall have precedence in the order listed below. This means that a secondary motion that is higher on the list will be considered ahead of a pending secondary motion that is lower on the list: a) Fix the time to which to adjourn; b) Adjourn; c) Take a recess; d) Raise a question of personal privilege; e) Lay on the tableTable discussion; Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ III-3 180619 syn 0120137 ____ f) Previous questionCall the question (close debate and vote); g) Limit or extend limits of debate; h) Motion to continue to a certain time; i) Refer to committee; j) Amend or substitute; 4. Secondary Motions Defined. The purpose of the allowed secondary motions is summarized in the following text and table. a) Fix the time to which to adjourn. This motion sets a time for continuation of the meeting. It requires a second, is amendable and is debatable only as to the time to which the meeting is adjourned. b) Adjourn. This motion ends the meeting or adjourns it to another time. It requires a second and is not debatable except to set the time to which the meeting is adjourned, if applicable. A motion to adjourn shall be in order at any time, except as follows: (a) when repeated without intervening business or discussion; (b) when made as an interruption of a member while speaking; (c) when the previous question has been ordered; and (d) while a vote is being taken. c) Take a recess. This motion interrupts the meeting temporarily. It is amendable, but is not debatable. To maintain the orderliness and decorum of the meeting, the Chair may call a recess without a vote. d) Raise a question of personal privilege. This motion allows a Commissioner to address the Commission on a question of personal privilege and shall be limited to cases in which the Commissioner’s integrity, character or motives are questioned, or when the welfare of the Commission is concerned. The maker of the motion may interrupt another speaker if the presiding officer recognizes the "privilege." The motion does not require a second, is not amendable and is not debatable. e) Lay on the tableTable discussion. This motion is used to interrupt business for more urgent business. A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration. If the motion prevails, and the subject is tabled, the matter must be reagendized in the future if further consideration is to be given to the matter. Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ III-4 180619 syn 0120137 ____ f) Previous questionCall the question. This motion “calls the question” by closing closes debate and calls for a vote on the pending motion. A motion for previousto call the question requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If the motion for previousto call the question fails, debate is reopened; if the motion for previous question passes, then the Commission must vote on the pending motion. A motion for previous question requires a two-thirds vote of those Commissioners present and voting. g) Limit or extend debate. This motion limits or extends the time for the Commission or any Commissioner to debate a motion. It requires a second, is amendable and is not debatable. The motion requires a two-thirds vote of those Commissioners present and voting. h) Continue to a certain time. This motion continues a matter to another, specified time. It requires a second, is amendable and is debatable as to propriety of postponement and time set. i) Refer to a city agency, body, committee, board, commission or officer. This motion sends a subject to another city agency, body, committee, board, commission or officer for further study and report back to the Commission, at which time subject is fully debated. It requires a second, is amendable, and is debatable only as to the propriety of referring. The substance of the subject being referred shall not be discussed at the time the motion to refer is made. j) Amend or substitute. Colloquially referred to as an “unfriendly amendment,” Tthis motion changes or reverses replaces the main motion. It requires a second, is amendable, and is debatable only when the motion to which it applies is debatable. A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not. An amendment modifying a motion is in order but an amendment raising an independent question or one that is not germane to the main motion shall not be in order. Amendments take precedence over the main motion and the motion to postpone indefinitely. Note: a so-called “friendly amendment,” which asks the maker and seconder of the main motion to change their motion, is Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ III-5 180619 syn 0120137 ____ not a secondary motion and may be incorporated into the main motion without a vote of the commission. Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ III-6 180619 syn 0120137 ____ Motion Description 2nd Req’d Debatable Amendable 2/3 Vote Fix the time to which to adjourn Sets a next date and time for continuation of the meeting X Only as to time to which the meeting is adjourned X Adjourn Sets time to adjourn. Not in order if (a) repeated without intervening business (b) made as an interruption of a member while speaking; (c) the previous question has been ordered; and (d) while a vote is being taken X Only to set the time to which the meeting is adjourned Take a recess Purpose is to interrupt the meeting X X Raise a question of personal privilege Allows a commissioner who feels his or her personal integrity has been impugned to address the Commission. Lay on the tableTable discussion Interrupts business for more urgent business X Previous question (close debate or “cCall the question”) Closes debate on pending motion X X Limit or extend limits of debate Purpose is to limit or extend debate X X X Motion to continue to a certain time Continues the matter to another, specified time X X X Refer to committee Sends subject to another city agency, body, committee, board, commission or officer for further study and report back to the Commission, at which time subject is fully debated X Only as to propriety of referring, not substance of referral X Amend or substitute Modifies or changes course of (or reverses course of) proposed action. Cannot raise independent question. Can amend an amendment, but no further. X Only if underlying motion is debatable X Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ III-7 180619 syn 0120137 ____ C. Debate and Voting. 1. Presiding officer to state motion. The presiding officer shall assure that all motions are clearly stated before allowing debate to begin. The presiding officer may restate the motion or may direct City staff to restate the motion before allowing debate to begin. The presiding officer shall restate the motion or direct City staff to restate the motion prior to voting. 2. Presiding officer may debate and vote. The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Commissioners. The presiding officer shall not be deprived of any of the rights and privileges of a Commissioner. 3. Division of question. If the question contains two or more divisible propositions, each of which is capable of standing as a complete proposition if the others are removed, the presiding officer may, and upon request of a Commissioner shall, divide the same. The presiding officer's determination shall be appealable by any Commissioner. 4. Withdrawal of motion. A motion may not be withdrawn by the maker without the consent of the Commissioner seconding it. 5. Change of vote. Commissioners may change their votes before the next item on the agenda is called. 6.5. Voting. On the passage of every motion, the vote shall be taken by voice, show of hands, or other means, and entered in full upon the record. Unless otherwise indicated in these rules, a motion may be adopted by a majority of commissioners present and voting. 7. Silence constitutes affirmative vote. Commissioners who are silent during a voice vote shall have their vote recorded as an affirmative vote, except when individual Commissioners have stated in advance that they will not be voting. 8.6. Failure to vote. It is the responsibility of every Commissioner to vote unless disqualified for cause accepted by the Commission or by opinion of the Commission’s Attorney. No Commissioner can be compelled to vote. Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ III-8 180619 syn 0120137 ____ 9.7. Abstaining from vote. The abstainer chooses not to participate in a vote and, in effect, "consents" that a majority of the quorum of the Commissioners present and voting may act for him or her. 10. Not participating. A Commissioner who disqualifies him or herself pursuant to the Political Reform Act of 1974 because of any financial interest shall disclose the nature of the conflict and may not participate in the discussion or the vote. A Commissioner may otherwise disqualify him or herself due to personal bias or the appearance of impropriety. 11. Tie votes. Tie votes may be reconsidered during the time permitted by these rules on motion by any member of the Commission voting aye or nay during the original vote. Before a motion is made on the next item on the agenda, any member of the Commission may make a motion to continue the matter to another date. Any continuance hereunder shall suspend the running of any time in which action of the Commission is required by law. Nothing herein shall be construed to prevent any Commissioner from agendizing a matter that resulted in a tie vote for a subsequent meeting. 12. Motion to reconsider. A motion to reconsider any action taken by the Commission may be made only during the meeting or adjourned meeting thereof when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. The motion must be made by one of the prevailing side, but may be seconded by any Commissioner. A motion to reconsider may be made at any time and shall have precedence over all other motions, or while a Commissioner has the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration may not be moved more than once on the same motion. Nothing herein shall be construed to prevent any Commissioner from making a motion to rescind such action at a subsequent meeting of the Commission. 13. Appeal from the decision of presiding officer. When the rules are silent, the presiding officer shall decide all questions of order, subject to appeal by a Commissioner. At the presiding officer’s discretion, the presiding officer may submit the question to the Commission, in which case a majority vote shall prevail. Any decision or ruling of the presiding officer may be appealed by request of any member. A majority vote is required to reverse the decision of the presiding officer. Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ III-9 180619 syn 0120137 ____ 14. Getting the floor; improper references to be avoided. Every Commissioner desiring to speak shall address the chair and, upon recognition by the presiding officer, every Commissioner shall be confined to the question under debate, avoiding all indecorous language and personal attacks. 15. Interruptions. Except for being called to order, a Commissioner once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Commissioner called to order while speaking shall cease speaking until the question or order is determined, and, if in order, said Commissioner shall be permitted to proceed. ∙∙●●●∙∙ Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ IV-1 180619 syn 0120137 ____ IV. Additional Requirements for Quasi-Judicial Hearings and Planned Community Zoning Applications A. Policy. It is the policy of the Commission to assure that the due process rights of all persons are protected during City hearings. A “quasi-judicial” hearing is a hearing that requires a higher level of procedural due process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings involve a single parcel of land and apply facts and evidence in the context of existing law. Findings must be stated to explain the evidentiary basis for the Commission’s decision. 1. Purpose. These rules are intended to assure that Commission decision- making on quasi-judicial matters is based upon facts and evidence known to all parties. B. General Requirements. 1. Quasi-Judicial and Planned Community Zoning Proceedings Defined. Proceedings subject to these procedural rules include hearings or preliminary review (including prescreenings or study sessions) involving the following matters: a) Conditional Use Permits b) Variances c) Home Improvement Exceptions d) Design Enhancement Exceptions e) Subdivisions, other than final map approvals f) Site and Design Review g) Planned Community Zoning h) Other matters as determined by the Commission’s Attorney i) Appeals related to any of the above j) Environmental Review relating to any of the above 2. Restrictions on Commission Communications Outside of Quasi-Judicial Hearings. It is the policy of the Commission to discourage the gathering and submission of information outside of any required hearing when such information will impair the Commission’s impartiality on a quasi-judicial decision or Planned Community Zoning Application. The following Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ IV-2 180619 syn 0120137 ____ procedural guidelines are intended to implement this policy, but shall not be construed to create any remedy or right of action. 3. Identification of Quasi-Judicial/Planned Community Matters. The City Attorney, in conjunction with the Planning Director, will identify agenda items involving quasi-judicial/planned community decisions on both the tentative and regular Commission agendas. This identification is intended to inform the Commission, interested parties, and the public that this policy will apply to the item. 4. Commissioners to Track Contacts. Commissioners will use their best efforts to track contacts pertaining to such identified quasi-judicial/planned community decision items. Contacts include conversations with any individual, meetings, site visits, mailings, or presentations during which substantial factual information about the item is gathered by or submitted to a Commissioner. All current and new Commissioners shall receive training on appropriate conduct in communications outside of quasi-judicial hearings. 5. Disclosure. When the item is presented to the Commission for hearing, Commissioners will disclose any contacts in which the Commissioners learned new and pertinent information that is not a part of the public record. Alternatively, Commissioners may prepare a written summary describing contact in which they learned new information that is not a part of the public record and provide that summary to the Planning Department within a reasonable time to allow the Department to post the summary online or otherwise make it available to the public before the item is heard. The disclosure may be oral or written, and should explain not only the nature of the contact but also the substance of the contactthe information learned, so that other Commissioners, interested parties, and the public will have an opportunity to become apprised of the factors influencing the Commission's decision and to attempt to controvert or rebut any such factor during the hearing. Disclosure alone will not be deemed sufficient basis for a request to continue the item. A contact or the disclosure of a contactDisclosure of of a contact and new information alone shall not be deemed grounds for disqualification of a Commissioner from participation in a quasi-judicial decision unless the Commissioner determines that the nature of the contact is such that it is not possible for the Commissioner to reach an impartial decision on the item. Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ IV-3 180619 syn 0120137 ____ a) If a Commissioner receives any written materials in connections with these types of discussions, a copy of those materials shall be made a part of the public record. b) At the beginning of any such meeting or discussion, Commissioners are strongly encouraged to review these Guidelines with the party they are meeting. c) Commissioners shall endeavor to always keep an open mind, and not rush to pre-judge any matter, until after all concerned parties (including but not limited to applicants, members of the public and Staff) are heard during the public hearing. d) Commissioners shall refrain from coming to a conclusion on the item until the public hearing is closed. e) No Contacts after Hearings. Following closure of the hearing, and prior to a final decision, Commissioners will refrain from any contacts pertaining to the item, other than clarifying questions directed to City staff. 6.Written Findings Required. On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Commission. Any motion directly or impliedly rejecting the proposed findings must include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed findings consistent with the evidence which has been presented and the decision which is anticipated. 7. Rules of Evidence. Commission hearings need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons rely in the conduct of serious affairs. The presiding officer may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full consideration of the issues involved. Evidentiary objections shall be deemed waived unless made in a timely fashion before the Commission. Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ IV-4 180619 syn 0120137 ____ 8.Burden of Proof. The applicant and appellant shall bear the burden of proof on all aspects of the action or relief they seek. The person with the burden of proof must offer evidence to the Commission to support his or her position. 9. Commissioners Who are Absent During Part of a Hearing. A Commissioner who is absent from any portion of a hearing conducted by the Commission may vote on the matter provided that he or she has watched or listened to a video or radio broadcast, or video or audio recording, of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent and 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. 10. Appeals. Appeals to the Commission shall be conducted de novo, meaning that new evidence and arguments may be presented and considered. All matters in the record before any other City board, commission or official shall be part of the record before the Commission. C. Record Before the Commission. The Records before the Commission on any matter shall be deemed to include the Comprehensive Plan, the Municipal Code and any relevant plans or studies which have been formally accepted or approved by the Commission or by the City Council. ∙∙●●●∙∙ Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ V-1 180619 syn 0120137 ____ V. Special Meetings/Committees A. Special Meetings. A Special Meeting may be called by the presiding officer or by a majority of the Commission for a day and time other than a regularly scheduled meeting. A Special Meeting shall be set and publicized in accordance with the Brown Act. by delivering written notice to each member of the Commission and to each local newspaper of general circulation and radio or television station requesting notice in writing. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the Commission. B. Retreats. At least once a year, the Commission shall hold an off-site retreat. The retreat shall be fully noticed and open to the public. The purpose of the retreat shall be to review the work of the Commission over the prior year, discuss items of policy and general interest, changes to the Brown Act or any other changes to the law that affect the conduct of meetings and to review the Bylaws and procedures. Retreats may be conducted informally and the rules of Motions, Debate and Voting may be suspended for the duration of the Retreat. No final decisions shall be made at a retreat, and no formal votes may be taken. C. Site Visits/Off-Site Meetings. A regular or special meeting of the Commission may be held off-site provided that proper notice to the public is given. Other than Retreats, off-site meetings should be limited to those circumstances in which the presiding officer, the Director of Planning and Community Environment or a majority of the Commission determines that an off- site meeting is necessary for the evaluation of a matter before the Commission or is necessary to allow for broader community input. D. Study Sessions. Study Sessions are meetings during which the Commission receives information about City business in an informal setting. The informal study session setting is intended to encourage in-depth presentations by City staff, and detailed questioning and brainstorming by the Commission. The Commission may discuss the material freely without following formal rules of parliamentary procedure. Staff may be directed to bring matters back for Commission consideration at future meetings, but no action can be taken. During a study session, public comments will be heard at the end of any Commission discussion, but oral communications will be consolidated with the oral communications Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ V-2 180619 syn 0120137 ____ section of the regular meeting, if one follows the study session. Study sessions shall not be for the purpose of taking evidence with respect to a project. Neither the Commission or staff may rely upon information obtained or comments made during a Study Session unless such information or comments are reintroduced during a subsequent noticed public hearing on the merits of the item(s) discussed at the Study Session. Decorum rules still apply to the behavior of the Commission and public. E. Committees. The authority to create standing committees is limited to the City Council and the City Manager. The Commission may create ad hoc subcommittees to study Commission business in greater depth than what is possible in the time allotted for Commission meetings. No more than three Commissioners may participate on any ad hoc subcommittee. An ad hoc subcommittee shall be made up of Commission members only; shall be formed for a specified duration, not to exceed six months; and shall be limited to the discussion of a specific subject matter or the completion of a defined task. F. Closed Sessions. In the event that the City Attorney’s Office advises that a closed session of the Commission is authorized and necessary, the Commission shall comply with all rules adopted by the City Council for the conduct of closed sessions and with all applicable state law. G. Pre-Commission Meetings. Prior to a scheduled meeting, the Chair and Vice- chair should meet with staff to plan how the meeting will be conducted, to identify any issues or questions that may need greater staff preparation and to discuss future meetings. The purpose of the meeting is not to discuss policy issues. H. Commission Representation at City Council. Each month, one member of the Commission will attend all City Council meetings in which the business of the Commission has been agendized for Council review. The Commission representative will present the Commission’s recommendations and answer any questions the Council may have. The Commissioners will rotate this responsibility. ∙∙●●●∙∙ Planning & Transportation Commission Staff Report (ID # 9102) Report Type: Study Session Meeting Date: 6/27/2018 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: PTC By-Laws/Procedures Title: The Planning and Transportation Commission Will Review and may Amend the PTC By-Laws and Procedural Rules. From: Hillary Gitelman Recommendation Staff recommends that the Planning and Transportation Commission (PTC): 1. Discuss the proposed amendments to the PTC Bylaws (Attachment A), in anticipation of a vote to adopt amendments at the PTC’s next regular meeting; and 2. Discuss the proposed amendments to the PTC Procedural Rules (Attachment B) and adopt the proposed amendments or direct staff to return with further revisions to the PTC Procedural Rules. Discussion At its January 17, 2018 retreat, the PTC began a discussion of its Bylaws and Procedural Rules. Staff has prepared amendments to the Bylaws (Attachment A) and Procedural Rules (Attachment B), based on that preliminary feedback. Staff invites the Commission to discuss the proposed amendments and any other changes to the Bylaws or Procedural Rules it seeks to make. While the Procedural Rules may be amended at a single meeting, the PTC may not vote on amendments to the Bylaws until the next regular meeting after they are introduced. PTC Bylaws With respect to the Bylaws, the PTC discussed changing the date of its annual election for the positions of Chair and Vice Chair. The bylaws currently state that an election shall be held at the first regular meeting on or after August 1 of each year. This date was consistent with a previous iteration of the Palo Alto Municipal Code (PAMC) specifying that PTC terms would begin on August 1. Since then, the PAMC has been amended such that PTC terms begin on December 16 of each year. Accordingly, staff recommends that the PTC Bylaws be amended to reflect that the election of a Chair and Vice Chair should occur on the first regular meeting on or after January 1 of each year, or at an alternative date selected by the commission at that meeting. City of Palo Alto Planning & Community Environment Department Page 2 During the retreat, Commissioner Gardias suggested that the bylaws simply state that elections shall be held at the first regular meeting after new commissioner is sworn in. Commissioner Waldfogel suggested that the date of the election simply be left for the PTC to decide each year. The proposed amendments incorporate elements of both suggestions, setting the first meeting after January 1 (which will usually be the first regular meeting after new commissioners are sworn in) as the default, but allowing the PTC to select an alternative date that may be more suitable for any given year. The proposed amendments also delete a potentially confusing statement precluding commissioners or staff from relying on information presented at a study session as part of a later action item unless such information is reintroduced. It is unclear what function this provision serves; as a practical matter, the minutes of the PTC’s study sessions are public record and are typically linked or attached to subsequent action items on the same topics. PTC Procedural Rules The PTC discussed several aspects of its Procedural Rules at its retreat, including the addition of a consent calendar, clarification of the effect of abstaining from a vote, and whether to maintain the availability of the substitute motion. The proposed amendments address these issues and include a number of other clarifying or simplifying changes.  Consent calendar The proposed amendments expressly provide for a consent calendar, modeled largely on the City Council’s consent calendar procedures, for non-controversial items expected to be approved without discussion or debate. The proposed rule notes that quasi-judicial items typically should not be placed on the consent calendar, though there may be some occasions where a consent calendar approval may be appropriate with the applicant’s agreement (e.g. recommendation on a subdivision map, where the no party wishes to present evidence in addition to the written record). Any two Commissioners may remove an item from the consent calendar.  Amendment or substitute motion The proposed amendments retain the “unfriendly amendment” or “substitute motion” as a secondary motion, but clarify the distinction between the so-called “friendly amendment” and the motion described in the rules. While some Commissioners proposed at the PTC retreat to eliminate the substitute motion but retain the “unfriendly amendment,” staff believe it would be unclear in practice how to draw the line between an “unfriendly amendment” that proposes significant changes and a “substitute motion.” In addition, though some Commissioners proposed that the Commission eliminate the “unfriendly” amendment altogether, this secondary motion is common in rules of parliamentary procedure and can aid in reaching a majority decision.  Voting The proposed amendments affirmatively state that the PTC may adopt a motion by a majority of Commissioners present and voting. This vote-counting convention is widely accepted as the default arrangement where parliamentary rules are silent and is consistent with the PTC’s current practice. Alternative “majority vote” rules include a majority of the body as a whole (4 votes required regardless of attendance) or a majority of members present (non-votes have the same effect as a “no”). City of Palo Alto Planning & Community Environment Department Page 3 The proposed amendments further clarify that the same “present and voting” rule applies when one or more Commissioners abstain from a vote. The current rules are unclear on this point, but appear to require affirmative votes from a majority of Commissioners present. This has led to some confusion at recent meetings; the proposed amendments seek to apply a clear and consistent rule going forward. Report Author & Contact Information PTC1 Liaison & Contact Information Albert Yang, Deputy City Attorney Jonathan Lait, AICP, Assistant Director (650) 329-3549 (650) 329-2679 jonathan.lait@cityofpaloalto.org Attachments:  Attachment A: Draft Revised PTC Bylaws (PDF)  Attachment B: Draft PTC Revised Procedural Rules (PDF) 1 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org