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HomeMy WebLinkAbout2000-07-17 City Council (18)TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER City of Palo Alto Manager’s Report DEPARTMENT: PLANNIING AND COMMUNITY ENVIRONMENT JULY 17, 2000 CMR:334:00 CHARTER AMENDMENT OF THE PLANNING AND TRANSPORTATION COMMISSION DECISION MAKING AUTHORITY RECOMMENDATION Staff recommends that the attached proposed charter amendment delegating final approval of certain land use items, to be specified in a separate ordinance, to the Planning and Transportation Commission be placed on the Fall ballot. DISCUSSION Staff is proposing that this charter amendment be placed on the Fall ballot. The electorate would make the basic decision of whether to allow the Council to delegate final approval of certain land use items to the Commission. The City Attorney is recommending that the charter amendment give the Counci! authority to delegate decisions but, to maintain flexibility for this and future Councils, that the specific appeals which are delegated be enacted in a separate ordinance. If the decision of the electorate is "yes," City Council would hold a Public Hearing before adopting any ordinance that wouid identify which specific land use decisions would be delegated to the Planning and Transportation Commission, and which land use decisions would be retained by the City Council. The proposed charter amendment also contains language to allow the City Council to amend 1962 Master Plan initiative language, as described in the City Attorney’s report, to allow for an update of the Zoning Ordinance. BOARD AND COMMISSION REVIEW AND RECOMMENDATIONS The proposed amendment to the Palo Alto City Charter, transmitted by the City Attorney, was discussed by the Planning and Transportation Commission at its meeting of July 12, 2000. The City Attorney’s report to the Commission is attached. The Planning and Transportation Commission commented that if the charter amendment is approved, the CMR:334:00 Page 1 of 2 Commission hopes that the Council would delegate to the Commission power to interpret the Zoning Ordinance. A member of the public, Mr. Herb Borock, spoke with concerns relating to the differences between the proposed charter amendment and the wording in the Comprehensive Plan, particularly to the appeal procedure, which is mentioned in Comprehensive Policy G-1 but not in the charter amendment. He was also concerned about delegation of specific final decision-making authority to the Commission, which Program G-1 includes in a proposed charter amendment, whereas the charter amendment as presented by staff reserves that right to the City Council. He requested the opportunity for more public discussion before this amendment is placed on the Fall ballot. ATTACHMENTS Report of the City Attorney dated July 7,2000 ¯ PREPARED BY: Lisa Grote, Chief Planning Official DEPARTMENT HEAD REVIEW: G. EDWARD GAWF Director, Planning and Community Environment CITY MANAGER APPROVAL: EMILY HARRISON Assistant City Manager CMR:334:00 Page 2 of 2 FROM CITY ATTORNEY July 7, 2000 PLANNING AND TRANSPORTATION COMMISSION Palo Alto, California RE: Charter Amendment for Planning Commission Decision Making Authority Honorable Commission: This report transmits language for a proposed amendment to the Palo Alto City Charter. The amendment is being offered as a follow-up action to both the Comprehensive Plan Governance section and the City Council’s recent streamlining directives to permit delegation of decision-making authority to the Planning and Transportation Commission. We are also proposing another change in order to facilitate the Zoning Ordinance update. The Comprehensive Plan establishes policy to: "Delegate. appropriate decision-making to the Planning Commission, with an appeal process to the City Council, to simplify and shorten the project review process for certain types of projects." (Policy G-I.) Program G-I implements the policy by directing ("City Council will consider") the City Council to: "Initiate a charter amendment for the ballot that would delegate specific final decision- making authority to the Planning Commission." We recommend that the Charter amendment be framed to empower the City Council to grant the Planning and Transportation Commission final decision-making authority on certain decisions to be 000707 sdl 0052554 PLANNING AND TRANSPORTATION COMMISSION July 7, 2000 Page 2 RE:Charter Amendment for Planning Commission Decision Making Authority specified by ordinance. The Charter amendment shouid not, in our opinion, include the specific decisions upon which final decision-making authority will be granted. Because the Charter is a limitation on the council,s power (rather than a grant of authority), we believe specific delegations in the Charter itself would unnecessarily constrain the City’s ability to adapt to future governance needs. That limitation would run at cross- purposes to the objectives set forth in the Governance section of the Comprehensive Plan. We have attached the existing Charter language (Article III, § 22) as well as clean and redlined versions of the proposal. We have also attached the Governance section in its entirety for convenient reference. As noted at the outset, we are proposing a second amendment in order to facilitate the Zoning Update. Palo Alto joined California’s land use leaders in 1962 by adopting the Master Plan provisions now set forth in Chapter 19.04 of the Municipal Code. The’ 1962 provisions adopted and made mandatory California’s early (1953) planning laws. The 1953 laws reflected in the code are now approaching obsolescence. It is critical that they be included in the Zoning Update process. There is a procedural twist, however, that needs mentioning. The Master Plan provisions originated as an initiative. Following litigation in which the City challenged the legality of the initiative, the City Council apparently itself adopted the measure as Initiative Ordinance No. 2090, effective July 23,’ 1962. It is likely (but not certain) that the Charter precludes the City Council from amending Chapter 19.04. This would thwart the Zoning Update. Article VI, Section 2, of the Charter provides: "Any ordinance adopted by the electoxs under the provisions of this section cannot be repealed or amended, except by a vote of the people obtained in the manner hereinabove stated, unless such ordinance shall otherwise provide." (Emphasis added.) It is not clear why the City Council took the action it did in 1962, i.e., adopting the measure itself after a legal 000707 sd[ 0052554 PLANNING AND TRANSPORTATION COMMISSION July 7, 2000 Page 3 RE:Charter Amendment for Planning Commission Decision Making Authority challenge. Some doubt exists as to whether the Article VI, Section 2 provision, which protects initiatives from later City Council amendment, applies when the City Council adopts a proposed initiative without submitting it to the voters. The state law on initiative protection clearly precludes general law city councils from amending initiative ordinances, even if the council adopts them rather than submitting them to the voters. Palo Alto’s charter, however, appears to limit its protection to ordinances adopted by the electors. We feel it highly desirable to avoid facing the legal question of whether the City Council can amend the Master Plan initiative if at all possible. Given the much-needed Zoning Update, and the coincidental timing of the Governance Charter amendment, it is prudent and pragmatic to seek voter authority to amend the 1962 Master Plan initiative language. Therefore, the proposed amendment also includes a grant of power to the Council to amend the initiative: "so that the city planning and zoning procedures adopted in 1962 may be updated in light of changed state law and otherwise~improvedo" In conclusion, we recommend the attached Charter amendment language for consideration by the City Counci! (with the advice of the Planning and Transportati on). Respe< APC:sdl L PIERRE CALONNE City Attorney Attachment cc:City Council Frank Benest, City Manager Donna Rogers, City Clerk Emily Harrison, Assistant City Manager Ed Gawf, Director of Planning and Comm. Envo Wynne Furth, Senior Asst. City Attorney 000707 sd~ 0052554 Sec. 22.Board of compensation referees - Cable television board - Other boards advisory only. The council may appoint a board of compensation referees to act upon all claims against the city arising under the workmen’s compensation provisions of the Labor Code of the State of California. The council may also appoint an independent board or boards for cable television matters. All other boards, commissions, and committees appointed by the council or by any officer of the city under the provisions of this charter or under any ordinance adopted by the council shall be advisory only and shall exercise no governmental or administrative powers. (Amended by amendment filed with the Secretary of State, December 9, 1983) Palo Alto Municipal Code Sec. 22. Boards and Commissions. The council may by ordinance create any board, commi~.sion, and committee it d4ems appropriate to exercise or i~plement the powers and duties of the city. The council may by ordinance grant the planning commission final decision-making authority on specific decisions and actions. All other boards, commissions, and committees appointed by the council or by any officer of the city under the provisions of this charter or under any ordinance adopted by the council shall be advisory only and shall exercise no governmental or administrative powers. The council may by ordinance amend or repeal Initiative Ordinance No. 2090, which was effective July 23, 1962, so that the city planning and zoning procedures adopted in 1962 may be updated in light of changed state law and otherwise improved. June 28, 2000 Version Clean PROPOSED AMENDMENT TO ARTICLE III, SECTION 22 OF THE PALO ALTO CITY CHARTER Sec. 22. Boards and Commissions of ..... ~ .................. The council may by ordinance create any board, commission, or committee it deems necessary to exercise or implement the powers and duties of the city. .appoint a ................ on matters. The council may by ordinance grant the planninq commission final decision-making authority on specific decisions and actions. All other boards, commissions, and committees appointed by the council or by any officer of the city under the provisions of this charter or under any ordinance adopted by the council shall be advisory only and shall exercise no governmental or administrative powers. The council may by ordinance amend or repeal Initiative ’Ordinance No. 2090, which was effective July 23, 1962, so that the city planning and zoning procedures adopted in 1962 may be updated in light of changed state law and otherwise improved. June 28, 2000 Version Redline 000707 sdl 0052552 alo AJto will maintain a positive civic image and be a leader in the regional, state, and national policy discussions affecting the community. The City will work with neighboring communities to address common concerns and pursue common interests. The public will be actively and e~ectively involved in City aJ~alrs, both at the Ci~de and neighborhood levels. Where appropriate, the City Council will delegate decision-making responsibilities to local boards and commissions. The Council will also assign advisor~ roles to these bodies as well as other community groups. Residents, businesses, and elected and appointed ol~ficials will work collaboratively to address the issues facing the City in a timely manner. This inclusive, participatory process will help build a sense o£ community. Introduction The Governance Chapter of the Comprehensive Plan is a new non-mandatory section that ad- dresses community involvement and participation in the city planning process. The chapter provides guidance to citizens and neighborhood groups seeking to participate in this process. It also provides guidance to those carrying out the policies and programs in this Plan. The chap- ter is intended as a vehicle for implementation rather than a Plan "element" in the traditional and legal sense. Consequently, it is not subject to the State requirements for consistency and comprehensiveness that apply to the earlier sections of the Plan. The Governance Chapter begins by describing the framework within which local planning decisions are made. It profiles the City’s governing bodies and major departments as well as the funding sources for municipal activities. This sets the stage for the goals, policies, and pro- grams that follow. Framework for Local Decision-Making FORM OF GOVERNMENT Palo Alto was incorporated as a Chartered City in 1909. The City has adopted a strong City Council/City Manager form of government. The City Council is comprised of nine members who each serve four-year terms. The mayor and vice-mayor are elected to one-year terms by their fellow Council members. The City Council has two standing committees: the Finance Committee and the Policy and Services Committee. In addition to their legislative duties, Council members represent the City on a variety of Local, county, regional, and statewide boards, com- missions and other organizations. These include the Santa Clara County Cities Association, the Santa Clara Valley Transportation Authority (VTA), and the Metropolitan Transportation Com- mission, among others.Embracing the New Cenlury 6-1 BOARDS AND COMMISSIONS The City CounCil has created a number of boards and commissions to advise the City Council on policy issues. These boards and commissions serve a variety of specific functions like devel- opment review, protection of historic buildings, and youth relations. Board and commission functions are summarized in the table below: Boards and Commissions Board or Commission Architectural Review Board Historic Resources Board (HRB) Hun~an Relations Commission (HRC) Planning Commission Public Art Commission (PAC) Utilities Advisory Commission (UAC) Requirements for Membership ’3 meml~ers must be architect~, landscape architects, building designers or other.design :. professionals No. of Members Term Length ’3 3 members must be architects, landscape architects, building designers or other design professionals, one member must own and occupy a historic structure in Palo Alto and one member must possess academic education or practical experi- ence in history or related field. Palo Alto residency Palo Alto residency Member ARB, or profes- sional, scholar, educator or collector of the visual arts Utility customer or authorized representative of a utility customer. Purpose Promote o~derly and harmonious develop- ment, enhance the desirability of resi- dence or investment, encourage the most desirable use of land and improvements, enhance living conditions, and promote visual environments of high aesthetic quality and variety, Designate, preserve, protect, enhance and perpetuate those historic structures, districts and neighborhoods that contribute to the cultural and aesthetic heritage of Palo Alto. Fester public awareness and understanding of human relations problems. Address issues of human rights, discrimination and other related human service issues. Prepare, adopt and make recommendations to the City Council on the Comprehensive Plan and Zoning Ordinance. Make recom- mendations to Council regarding land use policies & specific development applications. Aquire and site permanent works of art, specifically outdoor sculpture; advise the City in matters pertaining to the quality, quantity, scope & style of art in public places Advise the City Council on long-range planning and policy matters relating to the electric, water R, gas utilities Supporting Dept. or Division Planning ’ Division Planning Division Office of Human Services Planning Division Arts and Cultural Division Utilities Depart- ment The Palo Alto City Council is assisted by six major boards and commissions with a total of 3B members. ~ :, Palo Allo Comprehensive Plan CITY DEPARTMENTS The City Council is served by four Council-appointed officers; the City Manager, City Attorney, City Clerk, and City Auditor. The organization of City departments and their major functions is illustrated in the chart below, Organization of City Departments I City Manager ¯City Council Relations ¯City Management ¯Community & Intergovern- mental Relations ¯Economic Resources I City Attorney ¯Consultation & Advice ¯Litigation & Dispute Resolution ¯Official and Administrative Duties Voters I City Council City Clerk ¯Cable Administration ¯Council Support ¯Elections & Conflict of Interest ¯Legislative Record Mgmt l City Auditor ¯Internal Audits & Reviews ¯Professional Assistance R, Services I Planning & Community Environment Public ~nwlvement, Educafi~, Assistant, Liaison, C~rdinator and Techn~ Adv~ Development Review Construction Review[Project Monitoring Advance Planning Transportation & Parldng Management Neighborhood Services R, Programs Affordable Houshng & CDBG ¯ Information Management Administrative Services ¯Financial Support Services ¯Property Management ¯Money Management ¯Financial Planning, Ana- Lysts, & Reports ¯Centralized Appl, Support ¯Central Computer Support ¯Personal Computer ¯Telecommunications Police Requests for Service Communications Services ~nvestigatlon & Disposition Traffic Services Proactive Policing Services Police Personnel Services A~lmal Services Parking Services Special Events Police Information Mgmt. 1 Public Works ¯Engineering ¯Equipment Management ¯Environmental Compliance ¯Facilities Management ¯Operations ¯Refuse Disposal ¯Storm Drainage Mgmt ¯Water QualRy Control Plant I Fire ¯Emergency Response ¯Environmental & Safety Management ¯Training & Personnel Management ¯Records & Information Management Utilities ¯Electric Supply & Service ¯Gas Supply & Service ¯Wastewater Collectlon Services ¯Water Supply & Services Community Setwices Arts & Culture Cubberly Community Center Golf Services Park Services Human Services Library Services Open Space/Sciences Services ¯ Recreational Services I Human Resources ¯ Employee Coition & ¯Workforce Recruitment & Selection ¯Employee Devdoprre.nd Worklife ¯Transportation Demand Mgmt ¯ Risk lVi~.me.t ] Embracing the New Century G-3 BUDGET The City uses a "mission-driven" budget process. Through this process, City services are grouped into functional areas and major activities, each with a defined mission and criteria for evaluat- ing how well that mission is being achieved, Each City department must identify its customers and the services it provides to the public and other City departments. Major components of the budget include the General Fund and the Utilities Fund. General Fund revenues are generated by sales tax, property tax, and utility user tax collections, along with service fees and other revenues and transfers from the Utilities Fund. Expenditures include general City services (such as administration, fire, planning and public works), school district leases, capital projects, and debt service, among others. Utilities Fund revenues are generated through rates for various City services including water, sewer, gas, electric, refuse, and storm drainage. Expenditures cover the cost of providing these services, Goals, Policies, and Programs PUBLIC PARTICIPATION .Effective Opportunities for Public Participation ’in . Local Oovernm’ent. ’ ...... ’ .... :~ ’ Palo Alto invites and encourages the public to participate in local government affairs. Citizens may serve on boards and commissions and ad hoc committees addressing a variety of civic concerns. Meeting are open and highly interactive so that all members of the community may take part in shaping local decisions. The advent of electronic media and on-line services has created new opportunities for public input and participation. Palo Alto will continue to use these and other emerging technologies to improve access to information. Citizens are welcome to communicate with their elected and appointed officials, even ab~)ut matters that are not on the agenda of the meeting. The time for this type of" communication is during the portion of the agenda called "Oral Communications." ’" Palo Alto Comprehensive Plan POLICY G- 1: Delegate appropriate decision-making to the Planning Commission, with an appeal process to the City Council, to simplify and shorten the project review process for certain types of projects. The City will consider changes to the City Charter that would delegate more responsibility for land use decisions to the Planning Commission. Many land use decisions now require both Planning Commission and City Council hearings. Delegating more decision-making to the Plan- ning Commission, subject to appeal to the City Council, would streamline the application pro- cess and relieve applicants of unnecessary proceedings. PmoaP~W G-1: ~nltiate a charter amendment for the ballot that would delegate specific ~nal decision-making authority to the Planning ,Commission. POLICY G-2: Use advisory bodies and ad hoc co ,mmlttees to assist City staff and the City Council on policy issues. The City Council is committed to delegating more responsibilities to existing boards and com- missions. The creation of new advisory bodies by either the City Manager or City Council, when a particular expertise or broader base of input is required, would allow people who are inter- ested to be more effectively engaged in and connected to the civic affairs of the community. PnoaPo~ G-2: Periodically assess the need for citizen input on various policy issues and ap- point advisory bodies and ad hoc committees as needed. Pnoant~ G-3: Use deMgn workshops or charettes to address design Issues within the City. Regular community input on relevant urban design issues can keep the City decision-makers and staff informed as to community concerns early in design processes and can facilitate the solution of urban design problems. POLICY G-3: Enhance communication between residents, organizations, and the City Council by providing access to information via electronic media and other methods. Public access to the City’s meeting agendas and staff reports is provided via the Internet at City Hall and at selected public libraries. PnoGP~M G-4 : Establish a City/neighborhood liaison system using electronic and print me- dia to inform residents of current Issues and facilita te resident feedback to the City Council and staff,Embracing the New Century G-5 PROCP~ G-5: Create electronic bulletin boards to Increase opportunities £or Interaction be- tween citizens and government, including the posting o£ meeting agendas and other items o£ broad /mterest. PRO~P~f G-6: Provide advanced communication opportunities £or the public at City libraries. CIVIC AND NEIGHBORHOOD ORGANIZATIONS ~ Informed and Involved Civic Organizations and Residents. Palo Alto supports the formation and operation of neighborhood and civic organizations. Many individuals find it easier and more compelling to be engaged in their immediate neighborhood than in citywide activities. Many citywide objectives such as emergency preparedness and neighborhood beautification may be more easily achieved through the efforts of individual neighborhood and civic groups than they might be through a centralized City program. POLICY G-4: Encourage the formation ofnelghborhood organizations to facilitate effective resident participation in the community. The Bah’on Park Association, shown here, is a neighborhood association that has proven to be an effective intermediary between individual residents of Barron Park and various government agencies. Examples of successes have included clean-up efforts of groundwater contamination originating in the Stanford Research Park, natural creek protection in flood control projects by the Santa Clara Water District, and crime prevention in collaboration with the Palo Alto Police and businesses along El Camino Real. Palo Alto Comprehensive Plan .,,’.".~G-6 Neighborhood organizations provide residents with opportunities to learn about citywide issues on a localized scale. They also provide a useful means of relaying local priorities and concerns back to the City Council and others involved in City government. PROG~ G-7: Prepare a handbook ol" tnformation about neighborhood and civic organiza- tions addressing subjects like earthquake preparedness, neighborhood beau- tJficatJon, event plannlng, how to communicate with Clty.r’~all, and guldelines for establishing and managing neighborhood and civic organizations. PROGRAM G-8: ~,stabllsh consistent definitions of neighborhood boundaries to facilitate noti- flca lion and communlca lion. The City currently has different neighborhood designations for fire, utilities, and other depart- menlo. Consistent lines will facilitate provision of City services. More than one organization may exist within a neighborhood. POLICY G-5: Establish and build relationships between staff and neighborhood groups to enhance communication between the two. PROGP.~U~ G-9: Where feasible, assist residents with neighborhood improvement, beautifica- tion, and planting projects. PROGP~M G- I O: Work with neighborhood and clWc organizations on emergency preparedness and security programs. POLICY G-6: Support participation by community organizations in the governing process. REGIONAL LEADERSHIP ~A Leadership Role On Regional Issues Many issues affecting Palo Alto are best addressed at the regional level Pain Alto believes that it has a responsibility to be an active participant as these issues are addressed and resolved. The City will be a leader in regional problem-solving. POLICY G-7: Support active participation of City Council members, other City leaders, and City staff in the resolution of regional issues that are relevant to Palo Alto. Palo Alto should regularly review the benefits of providing andJor sharing resources with neigh- boring communities upon request and where the City of Paio Alto feels that it is feasible. POLICY G-8: Encourage Palo Alto residents and businesses to actively participate in regional programs and organizations. POLICY G-9: Recognize that crime is a regional problem and crime prevention requires muiti-jurisdictonal cooperation. See also Policy N-55 and associated programs, and Policy N-53 See also Goal T-9 and associated policies and programs, Policies H-20, H-21, N.2, N-26, C-1, C.2 and C-3, and Programs H.30 and H.31 Embracing the New Century G-7 VOLUNTEER!SiVi ~ ~Active Involvement of Local Citizens as Volunteers in the ~DeHvery of Community,Services. One of Palo Alto’s greatest assets is its highly motivated and talented citizenry. Residents offer their time and skills to the City in a variety of capacities ranging from service on boards and commissions to construction of public improvements to delivery of services like recreation and elder care. The City is committed to continued and expanded use of volunteers. POLICY G-IO: Encourage citizen Volunteers, including youth and seniors, to provide community services. Where feasible, allocate City staff time and resources to projects initiated by volunteers that could not otherwise be accomplished. The City of Palo Alto encourages volunteerism. Here, members of Canopy: Trees for Palo Alto, are teaching children how oak trees are grown during a tree-planting event at Stanford Shopping Center. Photo courtesy of Canopy ,:7~. ¯Palo Alto Comprehensive Plan :-~G-8 PROGRAM G-If: Continue and expand programs to enhance opportunities £or volunteer as’sis- tance. PROGRAM G-12: Continue and expand opportunities for public and nonprot?t organizations serving the City to provide in£ormatton about themselves to the public. PnoGRAM G-I 3: Continue the program to publicly recognize the efforts o£lndividuals, groups, and businesses who provide volunteer services within the City. MANAGING CHANGE ~ Ne~V Way~to Encourage Collaboration Among the .Public, Property. Owners, and the City in Areas where ’Change is,. ¯ :Desired.~ ,, . .... ,’, Palo Alto intends to uphold its reputation as one of the country’s most livable cities. This will require that the City revisit theway that planning and development decisions are made from time to time. Although the City’s planning process is already open and inclusive, new ways to fine tune and modernize certain aspects of development review may be desirable. In particular, the process could benefit by providing more opportunities to bring diverse community interests together prior to the design of individual projects. The City has identified the "coordinated area plan" as a tool for achieving this type of participation in the future. POLICY G- 11: Encourage the development of new planning processes that emphasize collaborative exchanges of ideas. Retain City Council authority over decision- making in these processes. PROGRAM G-14: ~stabllsh a procedure that allows the City Council to initiate coordinated area plans £or certain large areas that it has targeted [or change. See Programs H-9, L-22, L-25, L-30, L.32 and C.25 for more information on coordinated area plans Over 1 O0 people, including property owners, tenants, and neighborhood residents, participated in planning sessions for Midtown. Midtown was one of several areas that was the subject of focused urban design, traffic, and economic planning during the Co .mprehensive Plan Update, This process should provide early opportunities for all participants--developers, property owners, residents, government representatives, and others. It should also provide a means of informing these participants about urban design and architectural principles, economic realities, neigh- borhood and citywide priorities, and government regulations. The City Council will provide direction and guidance during the process. PROGRAM G-15: Explore opportunities to establish a process for developing precise develop- ment or economic revitalization plans for smaller areas, £requently with mul- tiple ownership, where redevelopment, reuse, or redesign is needed. See Program L.37 and Policy L.40 and associated programs Embracing the New Century G-9 See also Goal C.2 and associated policies and programs See also Policy B-16 and associated programs :" Palo Allo Comprehensive Plan ¯ .~;~ G-10 Some of Palo Alto’s commercial centers are considered less successful than others. In such areas, the City should pursue planning processes that bring the City and nearby property own- ers and tenants together prior to redevelopment. P~oc,~J~ G-I 6: Encourage use of the Preliminary Development ]~evlew (pre-screenlng) Ordi- nance for specttlc development proposals that may require changes to current City policies. As appropriate, test and refine application of this Ordinance. PROCESS MANAGEMENT ~ More Clearly Defined Procedures, ’Standards, an’d Expectations for Development Review. ’ : ...... Both the general public and the development community benefit from a development review process that better articulates what kind of development the City has determined to be "desir- able." While the outcome of development review can never be guaranteed, it may be possible to improve predictability and reliability. One approach to achieving this goal is to revisit how the City communicates its regulations to the public. Materials that are "user-friendly" and make generous use of illustrations are encouraged. POLICY G-12: Assist decision-makers, applicants, and residents with improved tools for understanding planning regulations. PRoan~ G-1 ?: Use illustrations and a "form code" to simplify the Zoning Ordinance, to make it more understandable to readers, and to promote well-designed neighbor- hoods. The Zoning Ordinance does not always provide a clear picture of physical changes that are allowed or prohibited. When the Ordinance is applied to a particular development site, the results are sometimes disappointing to some participants in the process. To address this pre- dicament, the City may explore alternatives to traditional zoning that make greater use of illus- trations to show the intent of the regulations. A form code is a set of regulations that address the location and physical attributes of building(sl or site(s) by precisely establishing the location and form of structures including setbacks, building heights and other physical features, rather than control development by applying maximum development limits. Form codes typically do not restrict the type of use on a property. However, a form code could be more specific than traditional zoning with respect to site development regulations. For example, instead of creating maximum height and minimum setback restric- tions, it could precisely establish required setback distances, number of stories, roof type, and other features relating to the form of the structure on a specific site or multiple sites. Pl~oc, n~ G-18: Create brief, understandable written materials that guide citizens and busi- nesses through the City review and approval process. Pnoan~ G-I9: Continue and expand customer-oriented process improvement efforts, The purpose of this effort would be to better incorporate the public’s needs in the development review process. In other words, the sequence and review of the process would be made more clear and the criteria by which projects are evaluated would be made more explicit and consis- tent. Pno~mu~ G-20: Develop, use, and update when necessary, design guidelines For various geo- graphic areas o£ the City or types o£ projects to supplement the Architectural Review Board Ordinance. PROGR~ G-21: Continually educate and remind policy and decision-makers, staff, and the public about the distinction between quaslJudicial and legislative decision- making. The distinction between quasi-judicial and legislative land use decision-making is important because constitutional due process principles require different procedures for each type of proceeding. Quasi-judicial proceedings usually involve a hearing required by law and a decision based on findings and evidence presented during the hearing or in writing. Because quasi-judicial matters are based "on the record," decision-makers are limited in their ability to receive infor- mation outside the hearingmit is viewed as unfair for such information to be "heard" without all of the affected persons present. This program calls for preparation of educational materials so that the public and decision-makers can better understand these requirements. Quasi-judicial Proceedings The City’s current prodecures identify the following proce~edings as quasi-judicial: "Conditional Use Permits ~’, Variances ,~ - Home Improvement Exceptions - ~’ Design’Enhancement ~Exceptions Subdivisions, other than final map approval Architectural Review Board hearings Assessment protest hearings Other matters as determined by the City Attorney Embracing the New Century G-11