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Home My WebLink About2018-09-12 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 two minutes or less to accommodate a larger number of speakers. Planning & Transportation Commission Regular Meeting Agenda: September 12, 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. Three (3) minutes per speaker.1,3 2. Review and Provide Comments on Draft Revisions to Palo Alto Municipal Code Title 8 (Trees and Vegetation) to Address Administrative Updates and Also Introduce New Policies Related to Protected Trees. (This Report Will be Released on Monday September 10, 2018). Action Items Public Comment is Permitted. Applicants/Appellant Teams: Fifteen (15) minutes, plus three (3) minutes rebuttal. All others: Three (3) minutes per speaker.1,3 3. Planning and Transportation Bylaws and Procedures Approval of Minutes Public Comment is Permitted. Three (3) minutes per speaker.1,3 There are no minutes to be approved. _______________________ 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 two minutes or less to accommodate a larger number of speakers. Committee Items Commissioner Questions, Comments, Announcements or Future Agenda Items Adjournment _______________________ 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 two minutes or less 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 # 9595) Report Type: City Official Reports Meeting Date: 9/12/2018 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: September 12, 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 Gardias, Riggs 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 Riggs 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 September 6, 2018 Draft-All Dates and Topics Subject to Change The Following Items are Tentative and Subject to Change: Meeting Dates Topics September 26, 2018 • Housing Work Plan: Recommendation on Draft Ordinance • 285 Hamilton Ave-Houzz Roof Deck October 10, 2018 • TMA Study Session • 2018 Comp Plan Implementation/Housing Ordinance • 3705 El Camino Real (Wilton Avenue) Rezoning October 31, 2018 • Cancelled November 14, 2018 • 874 Boyce Road Preliminary Parcel Map • El Camino Real Safety and Connectivity Planning • CEQA Ordinance Planning & Transportation Commission Staff Report (ID # 9478) Report Type: Study Session Meeting Date: 9/12/2018 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: Palo Alto Municipal Code Title 8 Revisions Title: Review and Provide Comments on Draft Revisions to Palo Alto Municipal Code Title 8 (Trees and Vegetation) to Address Administrative Updates and Also Introduce New Policies Related to Protected Trees. From: Jonathan Lait Recommendation Staff recommends the Planning and Transportation Commission (PTC) take the following action(s): 1. Review and provide comments on proposed changes to Title 8 of Palo Alto Municipal Code related to trees and vegetation. Report Summary Expanding the number of protected trees as defined in Section 8.10.020 may increase time for staff review of various types of planning applications and development permits, though current street tree inventory population statistics suggest a nominal change. At present all native species combined constitute 9.52% of the street tree population of which those currently regulated are 3.87% Coast Live Oak, 2.41% Redwood, and 1.07% Valley Oak, therefore regulating all other native species adds 2.17% more trees. Trees equal or larger than thirty-six inches in diameter account for 2.55% of the street tree population. The tree population across ownership types may be represented in similar proportions to street trees, though no inventory of private properties currently exists. One primary staff position responsible for review has been reclassified to a Landscape Architect to accommodate increased complexity and manage contract or hourly reviewers so that applications and permits will be issued in a timely manner. Enforcement may become more complex or time consuming with the addition of species and individuals. Appointment of additional staff officers should allow enforcement response time and resolution to remain unchanged. Overall the most significant influence is likely to be on landscape and features outside the primary building footprint, particularly with features that interact with adjoining properties. City of Palo Alto Planning & Community Environment Department Page 2 Background Title 8 of Palo Alto Municipal Code contains regulations governing street trees, shrubs and plants (Chapter 8.04), weed abatement (Chapter 8.08), and tree preservation and management (Chapter 8.10). The proposed updates address new requirements prompted by state legislation, and incorporate policy adopted through City of Palo Alto documents such as the Urban Forest Master Plan. Some community members who commented on the Urban Forest Master Plan also met or corresponded with staff to provide feedback on draft revisions to Title 8. Discussion Authorized officers have changed since ordinances were last amended or adopted. New officers have been created, notably the position of Urban Forester whom is primarily responsible for administration of Title 8. Departments have modified assignments or require improved collaboration to meet the intent of ordinances and achieve goals outlined in various plans. Furthermore, vegetation management requirements are likely to become more stringent for utility line clearance thus expanding the application of public nuisance declaration as defined in Chapter 8.04. Fire prevention is one impetus for weed abatement requirements defined in Chapter 8.08. More intense fires have prompted new regulations for vegetation management from the State of California. Hence, expanded authority is proposed for Palo Alto’s authorized officers. Weed abatement and management regulations are also designed to combat the introduction and spread of exotic-invasive plants which may increase fire intensity or detract from native habitat. The California Water Efficient Landscape Ordinance (WELO) prompted creation of a Landscape and Tree Technical Manual to replace the existing Tree Technical Manual. This new policy document will function in a similar fashion with the addition of landscape technical requirements so that newly installed landscape meets sustainability, water conservation, and other goals. The purposes of the manual are to provide developers clear guidelines about required submissions to obtain permits, describe design and construction principles that meet City policies, and reference best practices. Carbon sequestration/management projects may contribute to achieving sustainability/climate action goals. City operated or sponsored projects that offer locally-sourced certified offsets require assurance of “permanence” as well as methods to correct for unintended reversals hence those trees included must be “protected” by ordinance. Protocols for carbon credits or offsets establish the legal mechanisms to qualify, though future sustainability goals of the City may include self-imposed quantified additions above a specific baseline. Development review could prioritize large stature trees to be retained or planted to add to the carbon storage bank. Electronic plan submission with geographic information and associated attribute data will allow carbon baseline and additionality calculations to be associated with individual projects or aggregated for development projects within a specified area or time. City of Palo Alto Planning & Community Environment Department Page 3 No net loss of canopy is one of the most important policy statements of the Urban Forest Master Plan that is also echoed in the City of Palo Alto Comprehensive Plan. This policy can be applied broadly or for decisions on an individual application for development. It will not prevent development, but may limit design options for certain aspects of projects. For example, when trees are approved for removal the policy may require replacements with desirable attributes such as native species or large canopy at maturity as well as site appropriate soil volume and water use so that canopy replacement will occur within fifteen years. Soil volume may need to serve multiple purposes including water collection and treatment to reduce pollutant discharge. Currently protected status oaks and redwoods may prompt adjustments such as a shift in the building footprint, low impact construction techniques, or compatible landscape. Additional requirements proposed will increase the complexity of achieving full utilization of the property; however, the appeals process will remain intact to assure policy is applied while respecting property rights. Numerous projects in the past have been constructed where significant trees were retained resulting in a higher value and more useful site. Policies for tree protection contributed to a net gain in overall tree canopy cover in Palo Alto from 32.8% in 1982 to 37.6% in 2010. Property values have also increased at greater rates than many nearby communities. Environmental Review The proposed code amendments have 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, the proposed amendments have been determined to be exempt from further environmental review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significantly effect on the environment. In the event Section 15061(b)(3) is found not to apply, the ordinance is also exempt under Section 15308 because it involves regulatory action for the protection of the environment. Resource Impact Staff time to review, inspect, and enforce requirements for planning applications or permits for development projects may increase. Increases in demands on staff will be reflected in corresponding increases in fees as well as administrative responsibilities. Code enforcement actions and permit applications to remove protected trees may likewise increase in frequency Public Notification, Outreach & Comments This item was noticed on September 7, 2018 in the Palo Alto Weekly. City of Palo Alto Planning & Community Environment Department Page 4 Report Author & Contact Information PTC1 Liaison & Contact Information Walter Passamore, City Arborist Jonathan Lait, AICP, Assistant Director (650) 496-5986 (650) 329-2679 Walter.passamore@cityofpaloalto.org jonathan.lait@cityofpaloalto.org Attachments: • Attachment A: Title 8 Revisions ORDINANCE 2018-09-06 (PDF) 1 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org 180906 sm 010 1 Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Repealing and Restating Chapter 8.04 (Street Trees, Shrubs, and Plants); Repealing and Restating Chapter 8.08 (Weed Abatement); and Repealing Chapter 8.10 (Tree Preservation and Management Regulations) and Restating it as Chapter 8.10 (Landscape and Tree Management Regulations) of Title 8 (Trees and Vegetation) of the Palo Alto Municipal Code. The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: SECTION 2. Chapter 8.04 (Street Trees, Shrubs, and Plants) of Title 8 (Trees and Vegetation) of the Palo Alto Municipal Code is hereby amended by repealing in its entirety Chapter 8.04 and adopting a new Chapter 8.04 to read as follows: Chapter 8.04 Street Trees, Shrubs, and Plants Sections: 8.04.010 Definitions. 8.04.015 Authority of city. 8.04.020 Violations – Penalty - Enforcement. 8.04.030 Application for permit. 8.04.040 Issuance of permit. 8.04.050 Public nuisances. 8.04.060 Abatement of public nuisances. 8.04.070 Damage to public trees. 8.04.080 Interference with enforcement. 8.04.090 Adoption of regulations. 8.04.010 Definitions. (a) For the purposes of this chapter the following words shall have the meaning ascribed to them in this section: (1) "Person" means individuals, firms, associations and corporations, and agents, employees or representatives thereof. (2) "City" means the city of Palo Alto acting by and through its authorized representatives. (3) "Street" means and includes all land lying between the boundaries of property abutting on all public streets, boulevards, alleys and walks. (4) "Parks" means and includes all parks to which names have been given by action of 180906 sm 010 2 the city council. (5) "Public places" means and includes all grounds, other than streets or parks, owned by or leased to and under the control of the city of Palo Alto. (6) "Street tree" means and includes any woody perennial plant having a single main axis or stem commonly achieving ten feet in height and capable of being shaped and pruned to develop a branch-free trunk at least nine feet in height. (7) "Shrub" means and includes any woody perennial plant, normally low, several- stemmed, and capable of being shaped and pruned without injury, within the area planted. (8) "Hedge" means and includes any plant material, shrub or plant, when planted in a dense, continuous line or area, as to form a thicket or barrier. (9) "Plant" means and includes all other plant material, non-woody, annual, or perennial in nature, not necessarily hardy. (10) "Street trees, shrubs, or plants" means and includes any tree, shrub, or plant in any street, park or public place in the city of Palo Alto. 8.04.015 Authority of city. The City of Palo Alto shall have control of all street trees, shrubs and plants now or hereafter in any street, park or public place within the City limits, and shall have the power to plant, care for, and maintain such trees, shrubs and plants. 8.04.020 Violations- Penalty- Enforcement. (a) Unless authorized by permit, no person shall: (1) Plant, remove, top, or in any way damage, destroy, injure or mutilate a street tree. (2) Fasten any sign, wire, or injurious material to any street tree. (3) Excavate any ditch or tunnel; or place concrete or other pavement within a distance of ten feet of the center of the trunk of any street tree. (b) Violation of this section is a misdemeanor, punishable as provided in this code. Each day of violation constitutes a separate offense and may be separately punished. (c) Persons employed in the following designated employee positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter: deputy assistant director of public works operationspublic services division, managing urban foresterarborist, planning arboristproject managers in the urban forestry section, landscape architect, and code enforcement officer. 8.04.030 Application for permit. Any person desiring to do any of the work described in Section 8.04.020 may apply for a permit so to do. The applicant shall state the nature of the work and the location where it will be done. 180906 sm 010 3 8.04.040 Issuance of permit. (a) A permit shall be issued authorizing so much of the work as: (1) Will not create, continue or aggravate any hazardous condition, or public nuisance; (2) Will not prevent or interfere with the growth; location or planting of approved street trees; (3) Is consistent with the planting plan being followed by the city. 8.04.050 Public nuisances*. (a) The following are, for the purposes hereof, defined to be public nuisances: (1) Any dead, diseased, infested, or dying tree in any street; or on any private property so near to any street tree as to constitute a danger to street trees, or streets, or portions thereof or members of the public. (2) Any tree or shrub on any private property or in any street, of a type or species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees, gutters, sewers, other public improvements, including utility mains or services. (3) Any tree limb, shrub, hedge, or plant reaching a height more than three feet above the curb grade adjacent thereto, except tree trunks having no limbs lower than nine feet above curb grade, within the thirty-five foot triangle of public or private property, measured from the projected curb lines, at the intersections of any street improved for vehicular traffic where either traffic signals, stop signs, or yield signs are not installed, or at any intersections which are determined by the chief transportation official to contain tree limbs, shrubs, hedges, or plants that obscure and impair the view of passing motorists, cyclists or pedestrians so as to create a safety hazard. (4) Vines or climbing plants growing into or over any street tree; or any public hydrant, pole or electrolier. (5) Existence of any tree within the city limits that is infested, infected or in danger of becoming infested or infected with objectionable insects, scale, fungus or growth injurious to trees. (6) The existence of any branches or foliage which interfere with visibility on, or free use of, or access to, obstruct public vehicular or pedestrian travel on any portion of any street improved for vehicular or pedestrian travel. (7) Hedges or dense thorny shrubs and plants on any street or part thereof. (8) Shrubs and plants more then than two feet in height in any street, measured above top of curb grade. / / / / 180906 sm 010 4 8.04.060 Abatement of public nuisances When any public nuisance as defined herein exists, a notice may be sent by ordinary United States mail to the owner or tenant involved. Such notice shall describe the condition, state the work necessary to remedy the condition, and shall specify the time within which the work must be performed. If, at the end of the time specified, such work has not been performed, the city may perform such work, and the cost thereof shall constitute a charge against such owner or tenant, and such charge shall be a lien on such property. 8.04.070 Damage to street public trees. Damages to any street, park, or other publicly- owned tree, caused by any act or omission by any person, whenever such act or omission is prohibited by or not authorized pursuant to this chapter, shall be charged to such person or persons. 8.04.080 Interference with enforcement. No person shall interfere with or delay the authorized representatives of the city from the execution and enforcement of this chapter, except as provided by law. 8.04.090 Adoption of regulations. The city may adopt regulations prescribing standards of landscaping and planting of streets, parks and public places, therein. A copy of such regulations shall be available for public inspection upon request, and all work performed in streets, parks or public places shall be performed in accordance therewith. SECTION 3. Chapter 8.08 (Weed Abatement) of Title 8 (Trees and Vegetation) of the Palo Alto Municipal Code is hereby amended by repealing in its entirety Chapter 8.08 and adopting a new Chapter 8.08 to read as follows: Chapter 8.08 Street Trees, Shrubs, and Plants Sections: 8.08.010 Weeds as public nuisance. 8.08.020 Resolution declaring nuisance. 8.08.030 Form and publication of notice. 8.08.040 Hearing - Power of council. 8.08.050 Order to abate nuisance. 8.08.060 Account and report of cost. 8.08.070 Notice of report. 8.08.080 Hearing on cost assessment. 8.08.090 Collection on tax roll. 180906 sm 010 5 8.08.010 Weeds as public nuisance. (a) No owner, agent, lessee or other person occupying or having charge or control of any building, lot or premises within the city shall permit weeds to remain upon the premises, or public sidewalks, or encroach into any parkland (including any weeds encroaching over fences), or streets, or alleys between the premises and the center line of any public street or alley. (b) The word "weeds" as used in this chapter, means all weeds growing upon streets, alleys, sidewalks, or private property in the city and includes any of the following: (1) Weeds which bear or may bear seeds of a downy or wingy nature; (2) Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property; (3) Plants, shrubs, and trees determined by the Fire Marshall to constitute a fire menace due to their species, proximity to ignition sources, and high potential to endanger nearby buildings; (34) Weeds which are otherwise noxious or dangerous; (5) Exotic and invasive plants having high potential to invade adjacent properties and high ecological impacts in the region as defined by the California Invasive Plant Council; (46) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health; (57) Accumulations of garden refuse, cuttings and other combustible trash. (c) Every property owner shall remove or destroy such weeds from his property, and in the abutting half of any street or alley between the lot lines as extended. 8.08.020 Resolution declaring nuisance. Whenever any such weeds are growing upon any private property or properties or in any street or alley within the city, the council shall pass a resolution declaring the same to be a public nuisance and order the fire chief to give notice of the passage of such resolution as herein provided, and stating therein that, unless such nuisance is abated without delay by the destruction or removal of such weeds, the work of abating such nuisance will be done by the city authorities, and the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds shall have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of such weeds. 8.08.030 Form and publication of notice. (a) Such The Fire Chief or Urban Forester shall cause to be published a public notice shall bein substantially in the following form: / / 180906 sm 010 6 NOTICE TO DESTROY WEEDS NOTICE IS HEREBY GIVEN that on ______, 20 __, pursuant to the provisions of Section 8.08.020 of the Palo Alto Municipal Code, the City Council passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in Section 8.08.010 of the Palo Alto Municipal Code, constitute a public nuisance, which nuisance must be abated by the destruction or removal thereof. NOTICE IS FURTHER GIVEN that property owners shall without delay remove all such weeds from their property, and the abutting half of the street in front and alleys, if any, behind such property, and between the lot lines thereof as extended, or such weeds will be destroyed or moved and such nuisance abated by the city authorities, in which case the cost of such destruction or removal will be assessed upon the lots and lands from which, or from the front or rear of which, such weeds shall have been destroyed or removed; and such cost will constitute a lien upon such lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected. All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the Council of said city, to be held in the Council Chamber of the City Hall in said city on ______, 20___, at seven p.m., when and where their objections will be heard and given due consideration. Date ______________________, 1920____ Fire Chief or Urban Forester City of Palo Alto (b) Such notice shall be published at least twice in a newspaper published and circulated in said city, the first publication of which shall be at least ten days prior to the time fixed by the council for hearing objections. 8.08.040 Hearing - Power of council. At the time stated in the notice, the council shall hear and consider any and all objections to the proposed destruction or removal of such weeds, and may continue the hearing from time to time. The council, by motion or resolution, shall allow or overrule any or all objections, if any, after which the council shall thereupon be deemed to have acquired jurisdiction to proceed and perform the work of destruction and removal of such weeds. 8.08.050 Order to abate nuisance. The council shall by resolution order the fire chief or urban forester to abate such nuisance, or cause the same to be abated, by having the weeds referred to destroyed or removed, and the fire chief or urban forester and his deputies, assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property for that purpose. 180906 sm 010 7 Any property owner shall have the right to destroy or remove such weeds himself, or have the same destroyed or removed at his own expense; provided that such weeds shall have been removed prior to the arrival of the fire chief or urban forester or his authorized representatives to remove them. 8.08.060 Account and report of cost. The fire chief or urban forester shall keep an account of the cost of abating such nuisance and embody such account in a report and assessment list to the city council, which shall be filed with the clerk. Such report shall refer to each separate lot or parcel of land by description sufficient to identify such lot or parcel, together with the expense proposed to be assessed against each separate lot or parcel of land. 8.08.070 Notice of report. The city clerk shall post a copy of such report and assessment list on the bulletin board near the entrance door at the City Hall, together with a notice of the filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation, notifying property owners that they may appear at such time and place, and object to any matter contained therein. A like notice shall also be published twice in a newspaper of general circulation, published and circulated within the city. The posting and first publication of said notice shall be made and completed at least ten days before the time such report shall have been submitted to the city council. Such notice, as so posted and published, shall be substantially in the following form: NOTICE OF HEARING ON REPORT AND ASSESSMENT FOR WEED ABATEMENT NOTICE IS HEREBY GIVEN that on ______, 20__, the Fire Chief or Urban Forester of the City of Palo Alto filed with the City Clerk of said city a report and assessment on abatement of weeds within said city, a copy of which is posted on the bulletin board at the entrance to the City Hall. NOTICE IS FURTHER GIVEN that on _______, 20__, at the hour of seven p.m., in the Council Chambers of said City Hall, said report and assessment list will be presented to the City Council of said City for consideration and confirmation, and that any and all persons interested, having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard. Date _____________, 20___ City Clerk of the City of Palo Alto / / / / 180906 sm 010 8 8.08.080 Hearing on cost assessment. (a) At the time and place fixed for receiving and considering such report the city council shall hear the same together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating such nuisance, and the fire chief or urban forester shall attend such meeting with his record thereof, and upon such hearing, the council may make such modifications in the proposed assessments therefor as it may deem necessary, after which such report and assessment list shall be confirmed by resolution. (b) The amount of the cost of abating such nuisance upon, or in the front or rear of, the various lots or parcels of land respectively referred to in such report, shall constitute special assessments against such respective lots or parcels of land, and after thus made and confirmed, shall constitute a lien on such property for the amount of such assessments, until paid. 8.08.090 Collection on tax roll. On or before the first day of September of each year, the amounts of such assessments against the respective parcels of land shall be entered on the next tax roll which general city taxes are to be collected. Thereafter, such amounts shall be collected at the same time, and in the same manner, as general city taxes are collected, and shall be subject to the same interest and penalties, and the same procedure and sale in case of delinquencies. All laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such assessments. SECTION 4. Chapter 8.10 (Tree Preservation and Management Regulations) of Title 8 (Trees and Vegetation) of the Palo Alto Municipal Code hereby amended by repealing in its entirety Chapter 8.10 and adopting a new Chapter 8.10 to read as follows: Chapter 8.10 Landscape and Tree Preservation and Management Regulations Sections: 8.10.010 Purpose. 8.10.020 Definitions. 8.10.030 Tree Technical ManualLandscape and tree technical manual. 8.10.040 Disclosure of information regarding existing trees. 8.10.050 Prohibited acts. 8.10.060 No limitation of authority under Titles 16 and 18. 8.10.070 Care of protected trees. 8.10.080 Development conditions. 8.10.090 Designation of heritage trees. 8.10.095 Tree removal in HD Zone. 8.10.100 Responsibility for enforcement. 8.10.110 Enforcement - Remedies for Violation. 180906 sm 010 9 8.10.120 Fees. 8.10.130 Severability. 8.10.140 Appeals. 8.10.010 Purpose. The purpose of this chapter is to promote the health, safety, welfare, and quality of life of the residents of the city through the protection of specified trees located on private property within the city, and the establishment of standards for removal, maintenance, and planting of landscaping and trees. In establishing these procedures and standards, it is the city's intent to encourage the preservation of trees. 8.10.020 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) "Basal flare" means that portion of a tree where there is a rapid increase in diameter at the confluence of the trunk and rootcrown. (b) "Building area" means that area of a parcel: (1) Upon which, under applicable zoning regulations, a structure may be built without a variance, design enhancement exception, or home improvement exception; or (2) Necessary for construction of primary access to structures located on or to be constructed on the parcel, where there exists no feasible means of access which would avoid protected trees. On single-family residential parcels, the portion of the parcel deemed to be the building area under this paragraph (b)(2) shall not exceed ten feet in width. (c) "Building footprint" means the two-dimensional configuration of an existing building's perimeter boundaries as measured on a horizontal plane at ground level. (d) "Hazardous" means an imminent hazard which constitutes a or high or extreme threat to the safety of persons or property as defined by American National Standards Institute A300, Part 9. (e) Development" means any work upon any property in the city which requires a subdivision, planned community zone, variance, use permit, building permit, demolition permit, or other city approval or which involves excavation, landscaping or construction within the dripline area of a protected tree or is subject to requirements of the California Water Efficient Landscape Ordinance. (f) "Director" means the director of planning and community environmentpublic works or his or her designee. (g) "Discretionary development approval" means planned community zone, subdivision, use permit, variance, home improvement exception, design enhancement exception, or architectural review board approval. (h) "Dripline area" means the outer edge of the canopy or area within X distance from the perimeter of the trunk of the tree at four and one-half feet (fifty-four inches) above natural grade where X equals a distance a circle with a radius ten times the diameter of 180906 sm 010 10 the trunk as measured four and one-half feet (fifty-four inches) above natural grade, whichever is greater. (i) "Excessive pruning means removal of more than one-fourth of the functioning leaf and stem area of a tree in any twelvethirty six-month period, or removal of foliage so as to cause a significant decline in health or increase to the risk of failure, or the unbalancing of a tree. (j) "Protected” tree means: (1) Any locally native tree of the a species as listed in the Urban Forest Master Plan Quercus agrifolia (Coast Live Oak) or Quercus lobata (Valley Oak) which is eleven and one-half inches in diameter (thirty-six inches in circumference) or more when measured four and one-half feet (fifty-four inches) above natural grade, except Redwood; and (2) Any Redwood tree (species Sequoia sempervirens) that is eighteen inches in diameter (fifty-seven inches in circumference) or more when measured four and one-half feet (fifty-four inches) above natural grade; and (3) Any tree larger than thirty six inches in diameter of any species except those exotic and invasive species described as weeds in 8.08.010 and those species classified as high water users by the water use classification of landscape species list approved by the California Department of Water Resources; and (4) Any tree designated for protection during review and approval of a development project; and (5) Any tree designated for carbon sequestration and storage and/or environmental mitigation purposes as identified in an agreement between the property owner and a responsible government agency or recorded as a deed restriction; and (36) A heritage tree designated by the city council in accordance with the provisions of this chapter. (k) "Remove" means any of the following: (1) Complete removal, such as cutting to the ground or extraction, of a tree. (2) Taking any action foreseeably leading to the death of a tree or permanent damage to its health; including but not limited to excessive pruning, cutting, girdling, poisoning, overwatering, reduced watering due to a landscape change, unauthorized relocation or transportation of a tree, or trenching, excavating, altering the grade, or paving within the dripline area of a tree. (l) "Tree" means any woody plant which has a trunk four inches or more in diameter at four and one-half feet above natural grade level capable of achieving a height of ten feet or more, and a species that typically has a single stem. (m) "Tree report" means a report prepared by an arborist certified by the International Society of Arboriculture or another nationally recognized tree research, care, and preservation organization. (n) "Tree Technical ManualLandscape and tree technical manual" means the regulations issued by the city manager to implement this chapter. / / 180906 sm 010 11 8.10.030 Landscape and Tree Technical Manual. The city manager, through the departments of public works, and planning and community environment, shall issue regulations necessary for implementation of this chapter, which shall be known as the Landscape and Tree Technical Manual. The Landscape and Tree Technical Manual will be made readily available to the public and shall include, but need not be limited to, standards and specifications regarding: (a) Protection of trees during construction; (b) Replacement of trees allowed to be removed pursuant to this chapter; (c) Maintenance of protected trees (including but not limited to pruning, irrigation, and protection from disease); (d) The format and content of tree reports required to be submitted to the city pursuant to this chapter; (e) The criteria for determining whether a tree is dangerous hazardous within the meaning of this chapter. (f) Landscape design, irrigation, and installation standards consistent with the City’s water efficient landscape regulations; 8.10.040 Disclosure of information regarding existing trees. (a) Any application for discretionary development approval, or for a building or demolition permit where no discretionary development approval is required, shall be accompanied by a statement by the property owner or authorized agent which discloses whether any protected trees exist on the property which is the subject of the application, and describing each such tree, its species, size, dripline area, and location. This requirement shall be met by including the information on plans submitted in connection with the application. (b) In addition, the location of all other trees on the site and in the adjacent public right of way which are within thirty feet of the area proposed for development, and trees located on adjacent property within thirty feet or with canopies overhanging the project site, shall be shown on the plans, identified by species. (c) The director may require submittal of such other information as is necessary to further the purposes of this chapter including but not limited to photographs. (d) Disclosure of information pursuant to this section shall not be required when the development for which the approval or permit is sought does not involve any change in building footprint nor any grading or paving, nor change in landscaping which could alter water availability to established plants or trees. (e) Knowingly or negligently providing false or misleading information in response to this disclosure requirement shall constitute a violation of this chapter. 8.10.050 Prohibited acts. It shall be a violation of this chapter for anyone to remove or cause to be removed a protected tree, except as allowed in this section: 180906 sm 010 12 (a) In the absence of development, protected trees shall not be removed unless determined by the director of planning and community environmentpublic works or urban forester, on the basis of a tree report prepared by a certified arborist for the applicant and other relevant information, that the tree should be removed because it is dead, is hazardous, is a detriment to or crowding an adjacent protected tree, is impacting the foundation or eaves of a primary residence, or constitutes a nuisance under Section 8.04.050(2) of this code; and that treatments or corrective practices are not reasonable. (b) In the case of development on a single-family residential lot, other than in connection with a subdivision, protected trees shall not be removed unless determined by the director of Public Works or Urban Forester that: (1) Protected trees shall not be removed unless the trunk or basal flare of the protected tree is touching or within the building footprint, or the director of planning and community environment has determined, on the basis of a tree report prepared by a certified arborist for the applicant and other relevant information, that the tree should be removed because it is dead, is hazardous, is a detriment to or crowding an adjacent protected tree, or constitutes a nuisance under Section 8.04.050(2) of this code. (2) the tree is so close to the building area that construction would result in the death of the tree, or (3) the tree should be removed pursuant to subdivision (a). (2) If no building footprint exists, protected trees shall not be removed unless the trunk of the tree is located in the building area, or the director of planning and community environment has determined, on the basis of a tree report prepared by a certified arborist for the applicant and other relevant information, that the tree should be removed because it is dead, is hazardous, is a detriment to or crowding an adjacent protected tree, or constitutes a nuisance under Section 8.04.050(2) of this code. (3) If removal is allowed because the tree trunk is located in the building footprint, or the trunk or basal flare is in the building area, or because the director of planning and community environment has determined that the tree is so close to the building area that construction would result in the death of the tree, the tree removed shall be replaced in accordance with the standards in the Tree Technical Manual. (c) In connection with In the case of development involving a proposed subdivision of land into two or more parcels, no protected tree shall be removed unless determined by the director of Public Works or Urban Forester that: (1) removal is unavoidable due to restricted access to the property or deemed necessary to repair a geologic hazard (landslide, repairs, etc.), or. (2) the tree should be removed pursuant to subdivision (a).The tree removed shall be replaced in accordance with the standards in the Tree Technical Manual. Tree preservation and protection measures for any lot that is created by a proposed subdivision of land shall comply with the regulations of this chapter. (d) In the case of development requiring a project approval under Chapter 18.76 (Permits 180906 sm 010 13 and Approvals), removal of a protected tree may be permitted if retention of the tree would result in reduction of the otherwise-permissible building area of the lot by more than twenty-five percent, except that no protected tree shall be removed solely to accommodate an accessory structure or accessory dwelling unit. (e) Tree replacement. (1) In the event a protected tree is removed pursuant to subdivisions (b), (c), or (d), the tree removed shall be replaced in accordance with the standards in the Landscape and Tree Technical Manual and such replacements shall result in no net loss or increase of tree canopy within 15 years. (2) In the event a protected tree is removed pursuant to subdivision (a), except in the cases of crowding an adjacent protected tree or impacting the foundation or eaves of a primary residence, the dripline area of the removed tree, or an equivalent area on the site, shall be preserved from development of any structure unless removal would have been permitted under subdivisions (b), (c), or (d), and tree replacement is required. In all circumstances other than those described in paragraphs (a), (b) and (c) of this section, protected trees shall not be removed unless one of the following applies: (1) The director of planning and community environment has determined, on the basis of a tree report prepared by a certified arborist for the applicant and other relevant information, that the tree should be removed because it is dead, dangerous or constitutes a nuisance under Section 8.04.050(2). In such cases, the dripline area of the removed tree, or an equivalent area on the site, shall be preserved from development of any structure unless removal would have been permitted under paragraph (2), and tree replacement in accordance with the standards in the Tree Technical Manual shall be required. (2) Removal is permitted as part of project approval under Chapter 18.76 (Permits and Approvals) of this code, because retention of the tree would result in reduction of the otherwise-permissible building area by more than twenty-five percent. In such a case, the approval shall be conditioned upon replacement in accordance with the standards in the Tree Technical Manual. 8.10.060 No limitation of authority under Titles 16 and 18. Nothing in this chapter limits or modifies the existing authority of the city under Title 18 (Zoning Ordinance) to require trees and other plants not covered by this chapter to be identified, retained, protected, and/or planted as conditions of the approval of development. In the event of conflict between provisions of this chapter and conditions of any permit or other approval granted pursuant to Title 16 or Title 18, the more protective requirements shall prevail. 8.10.070 Care of protected trees. (a) All owners of property containing protected trees shall follow the maintenance standards in the Landscape and Tree Technical Manual. 180906 sm 010 14 (b) The standards for protection of trees during construction contained in the Landscape and Tree Technical Manual shall be followed during any development on property containing protected trees. 8.10.080 Development conditions. (a) Discretionary development approvals for property containing protected, regulated/ publicly- owned, or designated trees will include appropriate conditions providing for the protection of such trees during construction and for maintenance of the trees thereafter. Trees may be designated for protection that are significant visually or historically, provide screening between properties, or are a native species that is healthy and important to the nearby ecosystem. (b) It shall be a violation of this chapter for any property owner or agent of the owner to fail to comply with any development approval or building permit condition concerning preservation, protection, and maintenance of any tree, including but not limited to protected trees. 8.10.090 Designation of heritage trees (a) Upon nomination by any person and with the written consent of the property owner(s), the city council may designate a tree or trees as a heritage tree. (b) A tree may be designated as a heritage tree upon a finding that it is unique and of importance to the community due to any of the following factors: (1) It is an outstanding specimen of a desirable species; (2) It is one of the largest or oldest trees in Palo Alto; (3) It possesses distinctive form, size, age, location, and/or historical significance. (c) After council approval of a heritage tree designation, the city clerk shall notify the property owner(s) in writing. A listing of trees so designated, including the specific locations thereof, shall be kept by the departments of public works and planning and community environment. (d) Once designated, a heritage tree shall be considered protected and subject to the provisions of this chapter unless removed from the list of heritage trees by action of the city council. The city council may remove a tree from the list upon its own motion or upon written request by the property owner. Request for such action must originate in the same manner as nomination for heritage tree designation. 8.10.095 Tree removal in HD Zone. Tree removal and relocation in the HD shall be subject to the provisions in Section 18.36.070. To the extent Section 18.36.070 is inconsistent with this chapter, Section 18.36.070 shall control. 8.10.100 Responsibility for enforcement The following designated employee positions may enforce the provisions of this chapter by the issuance of citations: urban forester, landscape architect, project managers in the urban forestry 180906 sm 010 15 section, chief building official, assistant building official, and code enforcement officer, planning arborist. Section 8.10.110 Enforcement - Remedies for Violation In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies shall be available to the city for violation of this chapter: (a) Stop Work - Temporary Moratorium. (1) If a violation occurs during development, the city may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and issuance of certificates of occupancy) until a mitigation plan has been filed with and approved by the director, agreed to in writing by the property owner(s), and either implemented or guaranteed by the posting of adequate security. The mitigation plan shall include measures for protection or repair of any remaining trees on the property, and shall provide for replacement of each tree removed on the property or at locations approved by the director of planning and community and by the director of public works, if replacement is to occur on public property. The replacement ratio shall be in accordance with the standards set forth in the Landscape and Tree Technical Manual, and shall be at a greater ratio (at least twice prescribed) than that required where tree removal is permitted pursuant to the provisions of this chapter. (2) If a violation occurs in the absence of development, or while an application for a building permit or discretionary development approval for the lot upon which the tree is located is pending, the director may issue a temporary moratorium on development of the subject property, not to exceed eighteen five years months from the date the violation occurred. The purpose of the moratorium is to provide the city an opportunity to study and determine appropriate mitigation measures for the tree removal, and to ensure measures are incorporated into any future development approvals for the property. Mitigation measures as determined by the director shall be imposed as a condition of any subsequent permits for development on the subject property. (b) Civil Penalties. (1) As part of a civil action brought by the city, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter a civil penalty in an amount not to exceed five thousand dollars per violation. (2) Where the violation has resulted in removal of a tree, the civil penalty shall be in an amount not to exceed five thousand dollars per tree unlawfully removed, or the replacement value of each such tree, whichever amount is higher. Such amount shall be payable to the city. Replacement value for the purposes of this section shall be determined utilizing the most recent edition of the Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers. Damage to a tree protected or regulated by this chapter shall also constitute a violation with the same civil penalties except that repair value shall be used. 180906 sm 010 16 (c) Injunctive Relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation. (d) Costs. In any civil action brought pursuant to this chapter in which the city prevails, the court shall award to the city all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees. 8.10.120 Fees. Tree reports required to be submitted to the city for review and evaluation pursuant to this chapter shall be accompanied by the fee prescribed therefor in the municipal fee schedule. 8.10.130 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. 8.10.140 Appeals. Any person seeking the director's approval to remove a protected tree pursuant to the ordinance codified in this chapter who is aggrieved by a decision of the director may appeal such decision in accordance with the procedures set forth in Chapter 18.78 (Appeals). SECTION 5. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 6. The Council finds that this ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. Alternatively, the ordinance is also exempt under CEQA Guidelines Section 15308 because it involves regulatory action for the protection of the environment. / / / / / / 180906 sm 010 17 SECTION 7. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Deputy City Attorney City Manager ____________________________ Director of ____________________________ Director of Administrative Services Planning & Transportation Commission Staff Report (ID # 9612) Report Type: Action Items Meeting Date: 9/12/2018 City of Palo Alto Planning & Community Environment 250 Hamilton Avenue Palo Alto, CA 94301 (650) 329-2442 Summary Title: PTC Bylaws and Procedures Title: Planning and Transportation Bylaws and Procedures From: Jonathan Lait Recommendation Staff recommends that the Planning and Transportation Commission (PTC): 1. Adopt amendments to PTC Bylaws (Attachment A), which were first introduced at the Commission’s June 27, 2018 meeting and re-introduced with minor clarifications at the Commission’s July 25, 2018 meeting; and 2. Discuss and adopt amendments to the PTC Procedural Rules (Attachment B). Discussion This report retransmits proposed revisions to the PTC’s Bylaws and Procedural Rules. The PTC previously considered and discussed its Bylaws and Procedural Rules at its June 27, 2018 https://www.cityofpaloalto.org/civicax/filebank/documents/65691 and July 25, 2018 https://www.cityofpaloalto.org/civicax/filebank/documents/65987 meetings. Minutes for the June 27, 2018 meeting are available at https://www.cityofpaloalto.org/civicax/filebank/documents/66387 and for the July 25, 2018 meeting at https://www.cityofpaloalto.org/civicax/filebank/documents/66388. The proposed Bylaws in Attachment A are unchanged from the document reviewed by the Commission on July 25, 2018. The proposed Procedural Rules in Attachment B include a number of minor clarifications based on PTC direction at the July 25th meeting. Changes from the existing rules are noted in redline, while changes from the proposed Procedural Rules document provided to the PTC on July 25th are noted with both redline and highlights. Changes from the July 25th document include: City of Palo Alto Planning & Community Environment Department Page 2 1. Additional explanation of the rules governing quasi-judicial hearings, particularly in the event of multiple appellants. The proposed rules for multiple appellants are based on the City Council’s Protocols and Procedures Manual. 2. Clarification that items removed from the consent calendar will be scheduled for hearing at the earliest practical opportunity, which may include a hearing on the same evening. 3. A change in rules to allow either the maker or seconder of a motion to withdraw their motion or second. 4. Clarification of the rules regarding amendments and substitute motions. Report Author & Contact Information PTC1 Liaison & Contact Information Albert Yang Jonathan Lait, AICP, Assistant Director (650) 329-2171 (650) 329-2679 albert.yang@cityofpaloalto.org jonathan.lait@cityofpaloalto.org Attachments: • Attachment A: 2018-09-05 Draft PTC Revised Procedural Rules (PDF) • Attachment B: 2018-07-11 Draft Revised PTC Bylaws (PDF) 1 Emails may be sent directly to the PTC using the following address: planning.commission@cityofpaloalto.org Planning and Transportation Commission Procedural Rules _______________________________________________________________ _______________________________________________________________________ 180905 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 180905 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 180905 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 180905 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,v 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 there are two or more appellants: the presiding officer shall determine the order of the appellants’ presentations; the time allowed for presentation and rebuttal shall be divided among all appellants; and the total time allowed for all appellants shall be a total of twenty minutes for the opening presentation and six minutes for rebuttal before the hearing is closed; however, under no circumstances shall an individual appellant be given less than five minutes for presentation and three minutes for 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 an 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. ∙∙●●●∙∙ v A “hearing requestor” under the Standard Staff Review Process (PAMC Section 18.77.060) is considered an appellant for the purposes of these rules. Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ II-4 180905 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 presiding officer 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-5 180905 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 presiding officer, in consultation with the Secretary, will determine the earliest practical opportunity for the item to be heard, which may include a hearing on the same date. 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 Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ II-6 180905 syn 0120137 ____ agenda; except that, where deemed appropriate, the Secretary may place those items in a different order on the agenda. 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 180905 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 180905 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 officer 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 180905 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 discussion 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 180905 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 questionto call the 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 the main motion without the consent of the maker and seconder. 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. Motions to amend shall be resolved before returning to the main motion.Amendments take precedence over the main motion and the motion to postpone indefinitely. Note: Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ III-5 180905 syn 0120137 ____ a so-called “friendly amendment,” which asks the maker and seconder of the main motion to change their motion, is not a secondary motion and may be incorporated into the main motion without a vote of the commission. k) Substitute. Similar to a motion to amend, but different in degree, this motion reverses or replaces the main motion without the consent of the maker or seconder. It requires a second, is amendable, and is debatable. A motion to amend a substitute motion is in order, but a motion to substitute a substitute motion is not. In the event of a dispute, the presiding officer shall determine whether a motion represents an amendment or a substitute. A substitute motion raising an independent question or one that is not germane to the main motion shall not be in order. Substitute motions shall be resolved before returning to the main motion. Planning and Transportation Commission Procedural Rules ________________________________________________________________ _____________________________________________________________________ III-6 180905 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 180905 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 or second may not be withdrawn by the maker or seconder without the consent of the Commissioner seconding itother. In the event a motion or second is withdrawn, the presiding officer may allow another Commissioner to take the place of the maker or seconder. 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 180905 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 180905 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 180905 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 180905 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 180905 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 180905 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 180905 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 180905 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. ∙∙●●●∙∙ 1 180905 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 180905 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 180905 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 180905 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 180905 syn 0120017