Agenda packet, special meeting — San Mateo City Council, September 6, 2022

CITY OF SAN MATEO
City Council Special Meeting
September 6, 2022
6:00 PM
City Hall, Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Joe Goethals
Amourence Lee
Eric Rodriguez

REVISED AGENDA
THIS MEETING IS BEING HELD PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDERS WHICH SUSPEND CERTAIN REQUIREMENTS OF THE BROWN ACT.

THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTEL Y.

SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

To join via Zoom – click here:

September 6, 2022
To join via telephone: (408) 638-0968
Webinar ID: 863 9999 4038 Passcode: 967489
Mayor Rick Bonilla will teleconference into this meeting from:
261 S. F St., Oxnard, CA.

CALL TO ORDER
Roll Call

NEW BUSINESS
The public will have an opportunity to comment during the consideration of these items.

1. Boards and Commissions Rules and Procedures – Amendment Adopt a Resolution to amend the Boards and Commissions Rules and Procedures to address specific guidance for the Planning Commission and to rescind the Planning Commission Handbook.

ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS:

Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.

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https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to:
[email protected]
until 4 p.m. the day of the meeting.

During the meeting

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By Zoom:

Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.

By telephone:

Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

In Person:

At the meeting complete a “Request to Speak” form, submit a request at the speaker kiosk or scan the QR code.

ACCESSIBILITY:

In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]
. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 1 Section Name: NEW BUSINESS Account Number: 10-3111 File ID: 22-6585 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: September 6, 2022
SUBJECT:

Boards and Commissions Rules and Procedures – Amendment RECOMMENDATION:

Adopt a Resolution to amend the Boards and Commissions Rules and Procedures to address specific guidance for the Planning Commission and to rescind the Planning Commission Handbook.

BACKGROUND:

On November 1, 2021, the City Council held a study session to discuss the role of the Planning Commission. Staff was directed to return to Council with a clarified Planning Commission Handbook (Handbook) (Attachment 2) or with Planning Commission guidance that is clarified and consolidated with the Boards and Commissions Rules and Procedures (Rules and Procedures) (Attachment 3). The Council also expressed the desire to ensure Commissioners can raise policy issues that arise as they review development proposals and acknowledged that pre-applications are an appropriate forum for broad discussions. They also agreed that while policy matters may arise during these conversations, in-depth policy conversations must occur at the right place and time and be properly scheduled and noticed. Additionally, the Council confirmed that the Commission and Council should have annual joint study sessions to connect on policy matters and matters of mutual interest.

Following the meeting, staff cross-referenced the Handbook with the City’s Boards and Commissions Rules and Procedures, San Mateo’s Code and Charter, California League of Cities (League) Planning Commission Academy (Academy) agendas, and the Institute for Local Government’s (ILG) Planning Commissioner Handbook (Attachment 4 -summary version), and found that most of the substantive content in the Handbook is also contained in these other resources. For example, there are several sections in the City’s Handbook that discuss the purpose of planning, the purpose and role of a Planning Commission, the types of activities in which Planning Commissions engage, public meeting processes, and general guidance for commissioners. Staff found that most of the San Mateo-specific factual information in the Handbook is contained in the Rules and Procedures, and the City’s Code and Charter. Concerning general information about planning and Planning Commissions, including guidance and suggestions, the ILG provides a 346-page Planning Commissioner Handbook, which covers topics such as planning history, working with staff and the public, conducting meetings, legal matters, ethics, CEQA, housing matters, community deign, and transportation planning. The Planning Commissioner Academy hosted by the League each year covers similar general planning topics, provides updates to planning law, and has an area of focus each year. For instance, in 2021 RHNA was a special topic and in 2023, SB9 is the special topic. The League also provides a variety of online resources for local governments. In addition to the above, every Planning Commissioner in San Mateo gets an orientation at the beginning of their tenure, annual refreshers from the City Clerk’s Office, annual refreshers from the City Attorney’s Office on the Brown Act and land use law updates, and the Chair/Vice- Chair have bi-monthly meetings with staff.

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The combination of resources, training, and discussions described above covers the primary content in the City’s Handbook, and moreover, in a comprehensive and objective manner. Accordingly, staff suggests rescinding the City’s Handbook and instead revising the Rules and Procedures to cover any missing information and add clarity. For instance, the Planning Commission’s duties and powers differ from other City Boards and Commissions in that the Planning Commission makes decisions, while the others typically do not.

Accordingly, staff proposes edits to account for matters where the Planning Commission’s activities and powers differ.

Staff also provided some general clarifications and added a requirement for an annual joint study session with the Planning Commission and City Council, as directed by Council. Staff also added a section about strongly encouraging Commissioners to participate in the Academy during their first year, and at least every other year thereafter. The City budgets for attendance by all five Commissioners every year, and one commissioner participated each in 2021 and 2022, and three participated in 2020. The ILG Handbook has been listed as a primary resource for Commissioners. Language has also been added to clarify that disruptive individuals may be removed from a meeting, after a warning, and that the legislative body may clear the room if interruptions render the orderly conduct of the meeting unfeasible, as specified. These changes are consistent with the Brown Act, as modified by Senate Bill 1100 (2022) that was recently signed into law.

At this time, staff requests that Council direct staff to make any additional edits that it requests and adopt a resolution amending the Rules and Procedures, which includes clarifying language, refers to the League Academy and ILG Handbook, and includes annual joint study sessions. It should also be acknowledged that the City-initiated trainings and refreshers refenced above would continue to be provided, and more can be provided as needed.

At the August 15, 2022, City Council meeting under Reports and Announcements, Deputy Mayor Papan encouraged members of the public who had sent in communications to the City Council regarding the Planning Commission to attend the update for the Planning Commission Handbook. The referenced communication is appended as Attachment 5. It should be noted that this agenda item is related to rules and procedures regarding the Planning Commission and not any particular actions or communications by individual Planning Commissioners.

BUDGET IMPACT:

There is no budget impact for considering these amendments.

ENVIRONMENTAL DETERMINATION:

This amendment is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Planning Commission Handbook
Att 3 – Boards and Commissions Rules and Procedures (with draft edits) Att 4 – Institute of Local Government Planning Commission Handbook - Summary Version Att 5 – Public Comment

STAFF CONTACT
Christina Horrisberger, Director Community Development
[email protected]
(650) 522-7210

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CITY OF SAN MATEO
RESOLUTION NO. XX (2022)

AMENDING THE BOARD AND COMMISSION

RULES AND PROCEDURES TO ADDRESS THE PLANNING COMMISSION AND REPEALING THE PLANNING

COMMISSION HANDBOOK
WHEREAS, the Board and Commission Rules and Procedures (BCRPs) serves to establish governance rules and sets expectations for the City’s board trustees and commissioners and assists in the orientation process for new trustees and commissioners; and
WHEREAS, the Council requested that staff amend the BCRPs to consolidate it with the Planning Commission Handbook at a November 1, 2021 study session, resulting in a number of recommended changes, detailed in the accompanying Administrative Report; and WHEREAS, approval of this Resolution will supersede the previously adopted resolution which amended the BCRPs; and
WHEREAS, it is recommended that the Council approve the proposed BCRPs and repeal previously adopted resolutions which are being superseded by this Resolution;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. Environmental Review. In accordance with California Environmental Quality Act Guidelines section 15378(b)(5), consideration of these proposed bylaws is not a project subject to CEQA in that it is an administrative activity of government that will not impact the environment.

2. The Board and Commission Rules and Procedures, attached hereto as Exhibit A, are amended to address the Planning Commission.

3. The Planning Commission Handbook is hereby rescinded.

4. The following resolution, previously approved by the Council, is repealed:
a. Resolution No. 82 (2015)

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Boards and Commissions
Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council Action on:

January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, May 3, 2021, September 6, 2022 Exhibit A

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City of San Mateo, Boards and Commissions Rules and Procedures Table of Contents
Chapter 1. Purpose and Overview .............................................................................................3 Chapter 2. Commission Authority..............................................................................................4 Chapter 3. Duties .......................................................................................................................7 Chapter 4. Selection of Chair and Vice Chair ...........................................................................10 Chapter 5. Commissioner Conduct ..........................................................................................11 Chapter 6. Meetings ................................................................................................................12 Chapter 7. Meeting Agendas ...................................................................................................17 Chapter 8. Financial Matters....................................................................................................19 Chapter 9. Communication ......................................................................................................23 Chapter 10. Boards and Commissions Selection Process...........................................................27 Chapter 11. References..............................................................................................................29

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Chapter 1. Purpose and Overview
This manual describes the way the City of San Mateo’s Boards and Commissions do their business. It is a compilation of all Board and Commission (hereafter referred to as “Commission” for the sake of brevity) rules and procedures that have been formally adopted by Council Resolution. These Rules and Procedures supersede individual Commission bylaws.

These rules are intended to enhance public participation and debate so that the best possible decisions can be made for San Mateo. San Mateo has a long and proud tradition of open government and civil, intelligent public discourse. These rules, which must be approved by the City Council as a body, are subject to review and future modification by the City Council as needed.

Appointed Board and Commission members are expected to understand and comply with these Rules and Procedures. Failure to comply with the rules and procedures outlined in this document may be cause for removal from the appointed position.

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Chapter 2. Commission Authority

1. Commission Authority, Generally
A. The primary role of City commissions is to increase public input and participation in the determination of City policies and some programs.

B. The specific role of a City commission is to review and make recommendations to the City Council on matters within its scope of responsibility as defined in the Charter or Municipal Code. The commissions are basically a citizen’s advisory arm of the City Council, although certain commissions, such as the Planning Commission, may take final actions in certain prescribed areas.

C. Most importantly, the commission serves as a vehicle for public input into City programs and policies referred to it by the City Council or brought to its attention by staff.

D. The commission also serves to reduce the reevaluation of these matters before the City Council.

E. On the specific matters referred to it by the City Council, the commission serves as the principal reviewing body of the City.

F. Commissions adhere to the City Council’s policies on the programs under their scopes of interest.

G. Commissions serve to represent the general interests of the entire City and not specific program areas or specific interest groups.

H. Commissions are encouraged to express their views on issues, projects, or policies brought to them by the City department.

I. As further described below, the Planning Commission has a distinct role with the City in that it makes decisions and recommendations to the Council on land use matters. These include development applications submitted by project proponents.

2. Applicability
The complete scope of responsibilities for each commission is identified either in the Charter or in the City’s Municipal Code and will be provided to you by the Departments supporting your commission. When not in conflict with the Charter of the City of San Mateo, or the Constitution or laws of the State of California, these Commission Rules and Procedures (“Rules”) shall be in effect upon adoption by resolution of the Council.

3. Revisions to these Rules

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The Council shall review and revise these Rules as needed.

4. Authority of Each Board / Commission
The authority of the City of San Mateo’s Boards and Commissions are described in the San Mateo City Charter Article VI, as well as its Municipal Code Title 2 Administration and Personnel in Chapters 2.15, 2.21, 2.24, 2.26, 2.27, 2.28, 2.29 and 2.57.

A. Library Board:

The Library Board oversees the Library department’s policies and accepts in the name of the City money, personal and real property donated for Library purposes.

B. Personnel Board:

The Personnel Board hears appeals submitted by any person in the competitive service relative to any disciplinary action, dismissal, demotion, charge of discrimination, or alleged violation of municipal code chapter 2.57, and to certify its findings and recommendations as provided in the personnel system rules.

C. Community Relations Commission (CRC):

The CRC addresses a broad spectrum of social issues and related policy and provides oversight for Federal grant programs that implement public services, housing, and community development programs. It is also the hearing and appeals board for Code Enforcement related cases.

D. Park & Recreation Commission:

The Park and Recreation Commission makes recommendations to the City Council on acquisition, development, beautification and maintenance of public parks, landscape resources, public recreation facilities, budget, and programs of park and recreation activities.

E. Planning Commission:

The Planning Commission hears requests and makes decisions and recommendations on land use projects. This body also recommends policy changes to the City Council.

F. Senior Citizens Commission:

The Senior Citizens Commission encourages, fosters, and facilitates programs for the enhancement of all matters relating to the social, economic, and personal well-being of the senior population.

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G. Sustainability and Infrastructure Commission
The Sustainability and Infrastructure Commission was established in 2018, consolidating the Public Works Commission and Sustainability Commission into one commission. It is the duty of the Sustainability and Infrastructure Commission to advise on policies and programs related to environmental sustainability, transportation and infrastructure.

H. Investment Advisory Committee (IAC):

The IAC serves as an administrative advisory committee to the City Manager. The IAC provides added insight and an independent perspective on the City’s investment policies and practices.

I. Youth Activity Council (YAC):

The Youth Activity Council provides experiences and opportunities for the youth and young adult population by: providing safe and enjoyable activities; creating community through special events; enhancing leadership and decision-making skills; providing service learning experiences; practicing civic participation and empowering our youth’s voice with our decision makers.

5. Rosenberg’s Rules of Order
To the extent these Rules do not address an issue of parliamentary procedure for legislative body meetings, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century shall apply.

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Chapter 3. Duties

1. Duties of the Chair
A. All City commissions elect a presiding officer, known as a chairperson for a one-year period.

B. The Chair sets the tone for the entire meeting.

C. To conduct meetings of the Commission as its chairperson efficiently:

1. Ensure that consideration of items on the agenda move along without delay.

2. Ensure that petitioners, proponents, and opponents are heard but not allowed to disrupt the meeting.

3. Ensure that decorum is maintained at the meeting.

4. In presiding over matters where the public has provided testimony and/or raised questions, the Chair should:
a. Restate the question coming before the Commission.
b. Direct questions or comments requiring a response to staff for a response. c. Ensure that staff and members of the public direct their comments to the chair.
d. Help keep Commissioner comments and questions relevant to the matter being considered by the Commission, and schedule non-agenda topics for subsequent meetings, where necessary and if agreed upon by the Commission during Reports and Announcements.
e. If necessary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
f. Announce the decision of the Commission on all subjects.

5. To ensure that each member of the Commission is provided an opportunity to completely express their views on items of business, the Chair should see that Commissioners ask to be recognized by the Chair before speaking.

D. To correspond on behalf of the Commission, provided that opinions expressed on behalf of the Commission or City Government are consistent with the consensus of the Commission.

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E. Nothing under the Chair’s duties shall limit any individual Commissioner’s ability to interact with members of the public.

2. Duties of Vice Chair
In the absence of the Chair from the Commission meeting, the Vice Chair shall possess all powers of the Chair and be subject to all prescribed duties for that position.

3. Duties of Commissioners
A. Arrive on time for all Commission meetings.

B. Review all meeting materials in preparation for Commission meetings.

C. It is expected that Commissioners will attend all meetings. If a commissioner is absent for three consecutive meeting or for 15% of scheduled meetings annually, the City Clerk will notify Council who may take action to vacate the seat. The Commissioner is expected to notify the Staff Liaison or Staff Admin if they are unable to attend a meeting.

D. For Planning Commissioners, make every effort to participate in the California League of Cities Planning Commissioner Academy during the first year as a Commissioner, and every other year thereafter.

E. Read, and use as a primary reference, the Institute for Local Government’s Planning Commission Handbook.

4. Duties of Staff Liaison
A. The liaison, an assigned City staff person, has the following responsibilities:

1. Create meeting schedules

2. Prepare meeting agendas and Agenda Reports

3. Notify the City Clerk of attendance problems, resignations, and members’ change of contact information.

4. Ensure that sufficient research and analysis has been performed by staff to allow an informed decision by the Commission.

5. Help facilitate and advise the Chair on meeting management.

6. Ensure that all affected departments have an opportunity for input before bringing an item forward for commission consideration.

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7. For the Planning Commission, arrange an annual joint meeting with the City Council.

B. The Staff Liaison, along with the City Clerk, is responsible for ensuring that appointed board/commission members are oriented about policies and procedures as they relate to the body.

C. All communications addressed to a specific Board or Commission are received by the staff liaison or their designee and relayed to the appointed body.

5. Duties of Administrative Staff
Each commission also has an administrative staff person (Staff Admin), who works with the Staff Liaison, to support the body. Their responsibilities are to:

A. Provide oversight of agenda preparation and its delivery to the full Commission and to the public.

B. Ensure that meeting materials--including a sufficient number of agendas, universal speaker slips, and at least one binder of all related reports being presented at that meeting–are available for the public to examine at the meeting.

C. Produce the action minutes for each meeting.

D. Provide annually a record of attendance of each commissioner to the City Clerk.

6. Duties of Council Liaison
A. Every year the Mayor will appoint Council Members to serve as liaisons to the City’s Boards and Commissions.

B. Council Members act as an advisor and resource to Commissioners and the commission’s Staff Liaison when issues regarding process, procedure, interpersonal or public relations arise. Commissioners are also welcome to approach the Council Liaison for support or if they have any concerns. Council Members should refrain from participation at Board and Commission meetings to avoid influencing the outcome of those meetings.

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Chapter 4. Selection of Chair and Vice Chair

1. Commission reorganization, including rotation of the roles of the Chair and Vice Chair, occurs annually at the meeting as close as possible to June 10th of each year. The results of the vote should be publicly announced; and the vote recorded in the minutes.

2. Nomination of commissioners to serve as Chair and Vice Chair for the coming year can be made by any of the current commissioners in attendance.

3. The Chair and Vice Chair are elected by the majority of the commission for a one-year term and hold office until their successors are elected or until their terms as members of the commission expire.

4. The normal convention is a rotation from Vice Chair to Chair. Deviation from this normal convention should be extremely rare and must be accompanied by stated justification by the Commissioner making a nomination that does not conform to the normal convention.

5. The City Council believes that experience as a Commissioner will assist those who are selected to serve as Chair or Vice Chair, and that it is in everyone’s best interest that candidates have experience in cycles of governing to acclimate themselves to the jobs, tasks, and roles of the Commission.

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Chapter 5. Commissioner Conduct

1. Members shall:

A. put the community’s interests first at all times by making decisions with the interest of the community at-large in mind and avoid representing personal interests B. treat each other, council members, staff, and members of the public with dignity, courtesy, and respect
C. not interrupt speakers, allow them to finish their presentation before asking questions D. not engage in discussion with a member of the public during the meeting E. maintain confidentiality of all closed session materials and discussion F. be attentive to others, limiting interruptions and distractions G. encourage diverse viewpoints in debate while being mindful not to prolong discourse or block consensus
H. agree to respectfully disagree with colleagues
I. keep comments clear, concise, and on-topic
J. start and end meetings on time and work from the agenda K. determine whether to schedule a future agenda item for discussion and/or action, during Reports and Announcements, when non-agenda items are raised in the course of the meeting
L. present problems in a way that promotes discussion and resolution M. meet with the Council liaison to the Commission when requested.

N. pay close attention to the meeting and limit the use of electronic devices while on the dais, except as necessary to access agenda materials or respond to urgent personal matters

2.Commissioners may not be employed by the City or provide services under a contract with the City. Commissioners may not volunteer in the operations arm of the department their commission is affiliated with, without Department Head approval. However, Commissioners are encouraged to volunteer for city events, put on by any City department, or volunteer in any capacity in other City departments. Commissioners enhance their presence in the community by

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volunteering with local non-profits or assisting with community events and serving on special committees.

3. Commissioners are subject to all the provisions of the City’s Harassment and Discrimination Policy (#301).

Chapter 6. Meetings

1. All Commission decisions must be taken at Commission meetings. Before taking action the Commission may be informed by project applicants, interested members of the public, and City staff.

2. No business may be transacted by the commission at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently appointed).

3. Commission Meeting Dates
A. If at any time any regular meeting of the Commission falls on a holiday or if it is known that a quorum will not be available, the meeting may be rescheduled to the earliest convenient time.

B. The Boards and Commissions shall adopt a schedule of quarterly or more frequent meetings on an annual basis, which become the regular meeting dates.

C. Regular meeting dates may be amended with the approval of the Commission.

4. Types of Meetings
A.Regular Meetings are those identified in the adopted meeting schedule. Regular meetings are agendized and posted at least 72 hours in advance of the meeting, and no earlier than 96 hours before the meeting.

B.Special Meetings are called at a non-regular meeting date and time. They are called by the Chair or Commission with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.

C.Study Sessions are special meetings that are held for the purpose of providing information to the Commission, particularly on issues that are more complex or more time-consuming than matters typically scheduled on regular Commission meetings. At study sessions Commissioners may collectively provide direction to City staff, or to an applicant in the case of the Planning Commission. Typically, no action is taken at the study sessions, but direction may be given.

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D.Closed Sessions at the commission level would be very rare and would only occur at the direction of the City Attorney. The procedures for the conduct of the closed sessions shall be the same as those for open session meetings, except that the public, after allowance for public comment, will be excluded.

E.Emergency Meetings are allowed per the Ralph M. Brown Act when an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of the public’s well-being.

Any items noticed as public hearings will be continued to the next regularly scheduled meeting of the Commission. Any other agenda items the Commission has not taken action on will be placed on a future agenda.

5. Voting
A motion, second, and a majority vote of the Commission shall be required for any formal action of Commission. If the meeting is virtual, or any member is teleconferencing in, the vote must be taken by roll call vote.

6. The Chair, with the approval of a majority of the Commission, can change the order of hearing of items on the agenda.

7. Public Participation
A. All members of the public are encouraged and invited to participate in the legislative process of the City’s Boards and Commissions, for example by submission of comments before the meeting or speaking in person at the scheduled meeting.

B. It is the intent of these rules to allow everyone to be heard without fear of cheers or jeers that may discourage public participation. For these reasons, these rules are taken seriously. Disruptive or unruly behavior can result in removal from the Commission meeting to the extent allowed by state law. The presiding member of a legislative body may remove an individual for disrupting a meeting after the individual first receives a warning, yet continues the disruptive behavior. The legislative body may also decide to clear the room if interruptions render the orderly conduct of the meeting unfeasible and order cannot be restored by the removal of disruptive individual(s) alone.

C. Time Limits for public comment:

1. Individual Speakers - 3 minutes

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2. Organized group (in lieu of individual speakers) – up to 15 minutes for a group presentation, as many speakers as fit within the time allowance

3. The Chair may, at their discretion, limit the amount of time allotted to the speaker when needed.

4. The Chair shall manage public comments such that no individual speaker is allotted a disproportionate amount of time.

D. In-person members of the public are invited to speak at the lectern microphone, whenever available, to ensure all attendees can hear and so that the recording can be captured.

E. Individuals who wish to speak in-person should submit a speaker card to the commission’s Staff Admin for in person meetings. For remote meetings conducted virtually, the raise the hand feature is used and managed by the Staff Admin.

F. Commissioners should be careful to not engage in back and forth questions or discussion with public speakers. If a member of the public raises a question, the Chair should invite staff (or an applicant before the Planning Commission) to respond to any questions raised at the end of the public comment period.

8. Agendized Discussion Items (Public Hearings, New Business, Old Business) A. Staff / applicant presentation
B. Commission questions to applicant and/or staff
C. Open public hearing (or public comment section) for testimony D. Close public hearing (or public comment section)
E. Response by staff to public questions/concerns (or by an applicant before the Planning Commission), if warranted
F. Commission discussion and deliberation
G. Commission votes

9. Appeals
A. Appeals are public hearings and will follow the order stated above with the following time allocations:

1. Appellant – 15 min

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2. Individual Speakers – 3 min

3. Rebuttal – 5 min

4. If the appellant is not the applicant, the applicant shall also have 15 minute presentation and a 5 minute rebuttal.

B. Any person that addressed the Commission during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.

10. Items Considered after 11:00 p.m.

11. At 11 pm the Commission will determine with a majority vote or consensus whether to continue with an item or take up any unheard items.

12. Action Minutes
A. The City Council and all of its Boards and Commissions shall use Action Minutes to record the decisions of the body.

B. Action Minutes contain very little, if any, narrative content and do not capture details of public comment or Commissioner comments, questions and opinions. Staff is responsible for producing the minutes. Commissioners may request correction only of factual errors when presented with the draft minutes. No supplemental materials may be appended to minutes.

C. Motions and votes are shown in the record, whenever applicable.

D. Media (audio/video) recordings will be used to provide a verbatim record of meetings and are kept as identified in the City’s Records Retention Schedule.

13. Conflict of Interest
A. The Political Reform Act (PRA), implemented and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.

B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.

C. Whenever it appears to a Commissioner that they may have a prohibited financial interest in any City contract, or an item that may be presented to the Commission, the Commissioner should consult with the City Attorney at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.

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D. If the City Attorney is consulted on such a matter, the City Attorney shall provide their advice in writing, and shall provide a copy of their opinion to the Commission, the City Council, the City Manager, the affiliated Department Head, and the Staff Liaison.

E. A member shall not vote upon or participate in any matter on which they have a conflict of interest.

F. A member shall openly state the reason for their conflict of interest.

G. A member who is disqualified by a conflict of interest shall recuse themselves from the dais and leave the room unless it is during the Consent Calendar.

14. Conflict of Interest (applies only to Planning Commission) A. The Political Reform Act (PRA), implemented, regulated and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.

B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.

C. Whenever it appears to a Commissioner that they may have a prohibited financial interest in any City contract, or an item that may be presented to the Commission, the Commissioner should consult with the City Attorney’s Office at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.

D. If the City Attorney is consulted on such a matter, the City Attorney shall provide their advice in writing, and shall provide a copy of their opinion to the Commission, the City Council, the City Manager, the affiliated Department Head, and the Staff Liaison.

E. With full consideration of the City Attorney’s advice, it is up to each individual Commissioner to decide for themselves whether there is a conflict of interest.

F. A member shall not vote upon any matter on which they have a conflict of interest.

G. A member shall openly state the reason for his/her conflict of interest.

H. A member who is disqualified by a conflict of interest shall recuse themselves from the dais and leave the room unless it is during the Consent Calendar.

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Chapter 7. Meeting Agendas

1. Agenda Order
Commission agendas will be prepared by the Staff Liaison to the commission and presented to the Commission in the order described below.

A. Opening

1. Pledge of Allegiance

2. Roll Call
B. Consent Calendar
All matters listed under the Consent Calendar are considered by the Commission to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.

Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment will be provided later in the agenda, if needed.

D. Public Hearing
Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Commission.

E. Old Business
Non-routine items that have been presented before that require further oral presentation and/or discussion before action is taken.

F. New Business
Non-routine items requiring an oral presentation and discussion before action is taken.

G. Reports and Announcements
Commissioners provide an update on any meetings they attended in their commissioner role and Commissioners may make individual requests to schedule future items for

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consideration. A majority vote of the Commission is required to place a request on a future agenda. Additional Public Comment (if needed)
H. Adjourn

2. Agenda Item Submission
A. The Staff Liaison coordinates all agenda items for consideration on a given agenda. In order to ensure that each item for discussion has been thoroughly analyzed in advance, an Agenda Report shall be prepared.

1. The preparation of Agenda Reports applies to all Boards and Commissions in order to ensure:
a. The Board or Commission has all the information needed to make a well- informed decision; and
b. Any action is fully transparent to the public.

2. Agenda Reports shall be part of the public agenda packet issued prior to the meeting. Copies of the agenda, Agenda Reports and supporting materials shall be made available to the public at the meeting.

B. A Commissioner may request an item be considered on a future agenda and, upon a majority vote of the Commission, staff will prepare an Agenda Report and agendize the item for a future meeting. Before the vote, staff will provide information, if available, on how much staff time would be required to produce the Agenda Report.

C. Members of the Public

1. A member of the public may request Commission action in the following ways:
a. Write a letter to the Commission
b. Speak during the Public Comment period at a Board / Commission meeting

2. The first response is for the staff liaison to address concerns raised directly outside the meeting regarding the issue.

3. If a majority of the Commission agrees, the item will be agendized at a future meeting.

Chapter 8. Financial Matters

1. All Commissioners serve as volunteers without compensation or a stipend.

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2. Commissioner Expense Reimbursement Policy
It is rare that a Commissioner would need reimbursement, but in the event that they do, the following policy shall apply:

A. Authorized Expenses

1. City funds, equipment, supplies, titles, and staff time must only be used for authorized city business.

2. Expenses incurred while attending educational seminars designed to improve officials’ skill and information levels are permitted with pre-approval from the affiliated Department Head.

3. All other expenses require prior approval by the City Council.

4. The City will not reimburse the following expenses:
a. The personal portion of any trip.
b. Political contributions or events.
c. Family expenses, including partner’s expenses when accompanying official on agency-related business.
d. Entertainment expenses, such as movies, sporting events, or cultural events.
e. Non-mileage personal automobile expenses, including repairs, citations, insurance or gasoline.

B. Cost Control
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. If expenses are incurred that exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within these guidelines.

1. Airfare
Airfares that are equal to or less than those available through the League of California Cities, the California State Association of Counties and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. If no discounted airfare is available through these entities, then the most reasonable and economical airfare possible.

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2. Airport Parking
Long-term parking must be used for travel exceeding 24 hours.

3. Automobile
Mileage shall be reimbursed at IRS rates presently in effect (see www.irs.gov).

These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses. In addition, drivers may be reimbursed for bridge and road tolls. For rental vehicles, only receipted fuel expenses will be reimbursed.

4. Car Rental
Rental rates that are equal or less than those available through the State of California’s website Car Rental Resources for State Travel shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

5. Conferences/Meetings
If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, rates that are equal to or less than the group rate at the host hotel are presumed to be reasonable and reimbursable for purposes of this policy.

6. Internet
Officials will be reimbursed for Internet access connection and/or usage fees away from home, if Internet access is necessary for City business.

7. Lodging
Commissioners are expected to select the most cost-effective and logical lodging available, including utilizing the lodging at the conference/training site, if available.

If there is not specific lodging associated with the official City business, the City shall pay for actual lodging expenses up to the United States General Services Administration (GSA) maximum rate allowed by location
(http://www.gsa.gov/portal/content/104877). This maximum applies to the room rate only and does not include any taxes or fees. Government rates for lodging are often available and should be sought. The City will pay only for standard single rooms, including taxes and fees, for individual Council members, and any additional nonbusiness expenses incurred will be paid by the Council member.

8. Meals

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The City will pay for a Commissioner’s meals during authorized, required travel up to the per diem amount (Per Diem Rates | GSA). If meals are included in the cost of a conference or training, the City will not pay for a meal that a Commissioner elects to purchase from another source. Unlike lodging, using the per diem methodology for meals that is limited to the GSA amount eliminates the need for employees to submit receipts. Thus, the Commissioner only needs to report the per diem amounts in the expense report, but not the actual receipts. This only applies to meals, as all other travel expenses require a receipt to substantiate the purchase.

When the meal function is an organized event, the official shall be reimbursed the amount being charged by the event organizer for the meal. The City will not pay for alcohol/personal bar expenses.

9. Taxis/Shuttles
Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline, and parking combined, or when such transportation is necessary for time- efficiency.

10. Telephone/Fax/Cellular
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. Telephone bills should identify which calls were made on City business.

11. Transportation
Officials traveling on City business shall use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct, time-efficient route. Government and group rates must be used when available.

C. Expense Reports

1. Expense reimbursement requests must be submitted on an expense report form provided by the City. Reports must document how the expenditure met the requirements of this policy.

2. Expense reports must be submitted within 30 days of an expense being incurred; and must be accompanied by receipts documenting each expense.

3. Expense reports are a public record.

D. Audits of Expenses

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All expenses are subject to verification that they comply with this policy.

E. Reports on Meetings
Each official shall briefly give an oral report on any Brown Act meetings they attended for which they receive expense reimbursement at their next City Council, Board, or Commission meeting.

F. Violation of this Policy
Under state law, use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the agency’s reporting the expenses as income to the official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.

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Chapter 9. Communication

1. All communications are public records.

All letters, memoranda, email, texts and other platform writing communications involving members of boards, commissions, committees and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records.

2. The City Council, in adopting this policy, does not waive attorney-client-privilege or any other privilege associated with a closed session authorized under the Ralph M. Brown Act.

3. Ralph M. Brown Act
Each Commissioner should be mindful of all of the requirements of the Brown Act in communicating with each other.

4. Correspondence
A. After the Commission has taken a position on an issue, official correspondence should reflect this position. While Commissioners who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official Board or Commission title, and staff support should not be utilized.

B. City letterhead, logo, insignia and brand, as well as, staff support cannot be utilized for personal or political purposes.

5. Electronic Communication Record Retention
A. Commissioners are issued City of San Mateo email addresses and are required to use this email for all commission related communication. The City email may not be forwarded to a personal email.

B. All emails sent and received through the City server are saved for at least two years on the City’s network and are subject to the Public Records Act.

C. Communication on social media sites are saved for at least two years.

D. Text messages sent on any City-provided device are saved for at least two years.

6. Social Media Use as a Commission Member
Social media are internet-based platforms that allow for interactive communication and engagement with the public. These may include (without limitation): Facebook, Twitter, Instagram, YouTube, TikTok, Snapchat, blogs, etc.

The City’s image as a professional organization is critical to maintaining the respect of the public, and members should use discretion when posting or communicating on social media. If

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Commission Members choose to maintain and use personal social media accounts to conduct City business, they must follow current federal and state regulations, as well as Council and City policies.

A. Brown Act: Social media postings may turn into an interactive dialogue. The Brown Act has expanded to provide guidance on elected officials use of media platforms that are free of charge and open and accessible to the public.

1. Permitted Uses: You may answer questions, provide information to public and solicit information from the public about city business; share a City post to your Council Member site; and tag other elected officials in a post.

2. Prohibited Uses: A majority of the members may not use social media to discuss agency business and a member may not respond directly to any posting by another member regarding agency business including no ‘likes’ ‘thumbs up’, ‘emojis’ or other symbols.

B.First Amendment. Commissioners social media platforms can become public forums subject to First Amendment requirements. If a social media platform is 1) used for City business and 2) has interactive features that are accessible to the public without limitation, it is a public forum. The City’s Social Media Policy contains rules for public participation and addresses what will constitute unacceptable content. In general, officials may not block a member of the public from their social media sites if those sites have become public forums. If unacceptable content appears on a site that has become a public forum, please consult with City staff.

C. Public Records: Members are prohibited from deleting social media posts and related comments regarding any City-related matters to avoid violating the California Public Records Act. Social media is subject to the City’s record retention schedule.

D. Best practices: Officials should be honest and accurate when posting information or news, especially when communicating during a crisis or emergency. Any mistakes, misstatements and/or factual errors must be corrected quickly upon discovery. When possible, news of citywide importance should first be announced by the official City- affiliated accounts then can be reshared by Commissioners. Unless the member has been designated to serve as a spokesperson, members should never represent themselves as a spokesperson for the entire Commission or City. Members should be mindful of recognizing that accomplishments of the City or Commission are achieved by collective action of the entire body or organization.

7. Written Communications for Commission Meetings on Agenda Items A. The deadline for the receipt of written communications for inclusion in the agenda packet is up to 4:00 pm one week before the Commission meeting. This is to allow for adequate staff review and analysis, and to ensure public access to information, on all plans,

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correspondence, and other documents being heard by the Commission. Contact the Commission’s Staff Liaison or Staff Admin for specifics.

B. To be included in the addendum to the packet, items may be received up until 4 pm the day of the scheduled meeting.

C. Materials distributed to Commissioners during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Commissioner, or at the conclusion of the meeting if prepared by another person.

D. If a Commissioner receives materials regarding an agenda item, they shall forward it the Staff Liaison as soon as possible.

8. Commission - Staff Relations
A. Commissioners may make requests of City staff through their Department Head for limited research and information. Requests that will require significant staff time, as determined by the Staff Liaison, may be referred to the full Commission and only pursued if supported by a majority of the Commission. All requests for research and information shall be made through the Staff Liaison.

B. Commissioners are encouraged to submit their questions on agenda items to the Staff Liaison as far in advance of the meeting as possible so that staff can be prepared to respond at the Commission meeting.

C. Clarifications or technical questions will be answered before the meeting whenever possible.

D. Questions and all staff-prepared responses will be forwarded to all Commissioners.

9. Speaking for “the City”
Similar to written correspondence, when Commissioners are requested to speak to groups or are asked the Commission’s position on an issue, the response should reflect the position of the Commission as a whole. Of course, a member may clarify their vote on a matter by stating, for example, “While I voted against X, the Commission voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the Commission’s position rather than that of an individual member.

10. Speaking as an Individual
On occasion, Commissioners may wish to transmit correspondence on an issue upon which the Commission has yet to take a position or about an issue for which the Commission has no position. In these circumstances, members should clearly indicate in their communications that they are not speaking for the Commission or the City as a whole, but for themselves as an individual.

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Chapter 10. Boards and Commissions Selection Process

1. Refer to the San Mateo City Charter Article VI on Boards and Commissions.

2. Reappointments, Vacancies and Appointments
A. The City Clerk’s Office manages the Boards and Commissions (hereafter referred to as “Commission” for ease of reference) application process. The process begins with the Clerk contacting members who are eligible for appointment to a second term and finding out their interest in reappointment.

B. The City Clerk then shares the results with each appointment subcommittee and receives direction on the need to schedule an appointment subcommittee meeting to provide direction on reappointments. The default is that currently serving Commissioners will each be interviewed for reappointment. However, if it is determined that a commissioner’s performance is outstanding, or that other factors necessitate keeping them in their role, then an automatic reappointment can occur with a majority vote or majority consensus of the City Council. Any commission seat selected for re-interviews, means the seat will be processed as part of the full annual recruitment and the currently sitting commissioner may be interviewed along with other applicants. Commission recruitment occurs annually in the months of April and May and is managed by the City Clerk’s Office. For these routine vacancies, the announcement is made approximately two months prior to the date on which the vacancy is to occur.

C. The City Clerk recruits for all open seats utilizing multiple avenues including: advertising, the website, social media and networking lists to present qualified candidates to the Council for consideration.

D. The interview and selection of candidates is an open process.

E. The City Clerk receives the applications (ideally a minimum of three applications is sought for each vacant seat) and arranges for the appropriate sub-committee, in a noticed special meeting, to interview applicants and form their recommendation.

F. Commissioners, Board and committee members (hereafter referred to as “Commissioners” for ease of reference) are appointed by a majority vote of the City Council and serve staggered terms.

G. A City Council Appointment Subcommittee conducts the candidate interviews and makes a recommendation for Council approval. The Council will receive the full list of candidates for each opening.

H. The Appointment Subcommittee recommendations for new and reappointed Commissioners are confirmed by Council under the Consent Calendar at regular Council

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meetings. A staff report summarizing the Subcommittees’ recommendations will be provided to the full City Council and will include the list of all candidates reviewed by the subcommittee. Council may adopt the recommendations as presented or pull the item for further discussion. A majority vote of Council approves the appointees.

I. The designated Appointment Subcommittee may establish an eligibility list for up to two applicants that will remain in effect for one year.

J. Unscheduled Vacancies

1. Subject to the Maddy Act (California Government Code § 54970), if an unscheduled vacancy occurs on a commission, the Council may either appoint from the pool of applicants on file (the eligibility list if there is one available) or open up the position to new applications where the above process is followed.

2. For such non-routine vacancies, the announcement for new applications is made as soon as possible in order to maintain viable memberships on the various boards and commissions.

3. All appointments occur in an open public meeting.

K. Youth Activities Council (YAC) Selection Process
The YAC is the only group not appointed directly by the City Council but through an application method administered by Parks and Recreation. High school students from all of the City’s public high schools, as well as Junipero Serra High School and Nueva Upper School, are recruited for potential participation starting in the late spring of each year.

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Chapter 11. References

1. San Mateo City Charter, §2.03, 2.04, 2.12, Article VI

2. Ralph M. Brown Act (California Government Code, § 54950 et seq.)

3. California Government Code, § 53234 et seq.

4. San Mateo Municipal Code

5. California Public Records Act (California Government Code, § 6250 et seq.)

6. AB 1234 California Government Code, § 53232.3

7. Rosenberg’s Rules of Order

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itizens should be thanked for taking on
the job of a Planning Commissioner.

The long hours and hard work may
cause a person to wonder whether it’s all worth
it. IT IS. Planning Commissioners help to set
directions for the community and make
decisions that affect its residents and its future.

The special role of the Planning Commission is
confirmed by the authority given in state law
and by local ordinance.

The job of the Planning Commissioner, in its
larger sense, includes the responsibility of
balancing individual rights with the public
welfare; the challenge of making decisions that
affect the future of the community; and the
ability to analyze problems and resolve difficult
situations. These may not characterize every
Planning Commission meeting, but they show
the scope of responsibility of a Planning
Commission, and indicate the seriousness of
the work that the Planning Commission
undertakes.

Planning Commissions decide on land-use and
development issues important to the future
and well-being of the community. Planning
Commissioners often are appointed without
any prior training in planning or in their role as
members of a public body. They must “learn
the ropes” as best they can. While most
Planning Commissioners learn how to do their
jobs this way, and some excel, training and
education can help Planning Commissioners
with their job. This Planning Commission
Handbook will help Planning Commissioners by
providing information on planning and
guidance on the conduct of the Planning
Commission’s activities. This handbook is not a
formally adopted City of San Mateo document,
nor does it set forth official City policy. Instead,
it is intended to be a practical guide to some of
the issues faced by Planning Commissioners.

C
Ci t y of San Mateo, 330 West 20 th Avenue, San Mateo, CA 94403 November 2002 (Rev 01 /06 /14 ) www.cityofsanmateo.org Planning Commission @cityofsanmateo.org (650) 522 -7202

PLANNING COMMISSION

HANDBOOK

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Table of Contents
Chapter 1 - Welcome to the Planning Commission 5
Introduction .......................................................................................................................................... 5 What is a Planning Commission? .......................................................................................................... 5 Planning Commission Duties ................................................................................................................ 6 Some Rules of Thumb ........................................................................................................................... 6 Chapter 2 - Role and Activities of the Planning Commission 8 Introduction .......................................................................................................................................... 8 Purpose of the Planning Commission ................................................................................................... 8 The Authority of the Planning Commission .......................................................................................... 8 Duties of the Planning Commission ...................................................................................................... 8 Characteristics of the ideal Planning Commission ............................................................................... 9 The Planning Commission’s Relationship with Staff and Elected Officials ........................................ 10 Chapter 3 - Introduction to Planning 12
Introduction ........................................................................................................................................ 12 What is Planning? ............................................................................................................................... 12 Why Plan? ........................................................................................................................................... 12 A Short History of Planning ................................................................................................................ 13 Authority for Local Planning in California ........................................................................................... 14 What Is a General Plan? ..................................................................................................................... 15 What Planning Cannot Do .................................................................................................................. 16 Chapter 4 - PLAN IMPLEMENTATION 18
The Importance of Implementation ................................................................................................... 18 Zoning Regulations ............................................................................................................................. 18 Authority for Zoning ........................................................................................................................... 18 The History of Legal Basis for Zoning ................................................................................................. 19 Subdivision Regulations ...................................................................................................................... 19 Authority for Subdivisions .................................................................................................................. 20 Other Types of Planning Approvals .................................................................................................... 20 Other Means of Implementation ....................................................................................................... 21 Chapter 5 - THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 22 Overview ............................................................................................................................................. 22 The CEQA Process ............................................................................................................................... 22 Is It A Project? ..................................................................................................................................... 22 Determining if the Project is Exempt from CEQA ............................................................................... 23 Preparing an Initial Study ................................................................................................................... 23

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Planning Commission Handbook Page 3
Negative Declaration .......................................................................................................................... 23 Environmental Impact Report ............................................................................................................ 24 Use of Environmental Documents ...................................................................................................... 24 Chapter 6 - PLANNING COMMISSION CONDUCT 25
The Public Interest .............................................................................................................................. 25 Legal Aspects of Planning Commission Conduct ................................................................................ 25 Conflict of Interest .............................................................................................................................. 26 What is a Conflict of Interest? ............................................................................................................ 26 When in Doubt ................................................................................................................................... 26 Effect of Disqualification .................................................................................................................... 27 Disclosure of Conflict .......................................................................................................................... 27 Open Meeting Act............................................................................................................................... 27 Meetings ............................................................................................................................................. 27 What is Not a Meeting ........................................................................................................................ 27 Brown Act Requirements.................................................................................................................... 28 Ex Parte Contact ................................................................................................................................. 28 What is Ex Parte Contact? .................................................................................................................. 28 Examples of Ex Parte Contact ............................................................................................................. 28 How to Deal with Ex Parte Contact .................................................................................................... 29 Chapter 7 – THE PLANNING COMMISSION MEETING 31
Due Process ........................................................................................................................................ 31 Conducting a Planning Commission Meeting ..................................................................................... 31 Chairing the Planning Commission ..................................................................................................... 32 Responsibilities of the Chair ............................................................................................................... 32 Qualities of a Good Chair .................................................................................................................... 33 Practical Tips for the Planning Commissioner .................................................................................... 34 Planning Application Continuance vs. Denial ..................................................................................... 36 Chapter 8 – MAKING A DECISION AND THE NEED FOR FINDINGS 37 Two Kinds of Planning Commission Decisions ................................................................................... 37 The Need for Findings ......................................................................................................................... 37 Legal Adequacy of Findings ................................................................................................................ 37 Purpose of Findings ............................................................................................................................ 38 Evidence in the Record to Support Findings ...................................................................................... 38 Findings in the Administrative Report ................................................................................................ 38 Chapter 9 – CONDITIONS OF APPROVAL 40
Legal Authority to Impose Conditions of Approval ............................................................................ 40 Timing of Conditions ........................................................................................................................... 40

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Who is Responsible for Implementing Conditions? ........................................................................... 41 Mitigation Measures as Conditions .................................................................................................... 41 Legal Considerations in Imposing Conditions ..................................................................................... 42 Nollan v California Coastal Planning Commission (1987) ................................................................... 42 Dolan v City of Tigard (1994) .............................................................................................................. 43 Planning Commission Considerations ................................................................................................ 44 Chapter 10 – THE ADMINISTRATIVE REPORT 45
Administrative Report Contents ......................................................................................................... 45 Items Not Included as Part of the Administrative Report .................................................................. 47 More About the Planning Staff Recommendation ............................................................................. 47 Sources: 48
APPENDICES 49
SAN MATEO MUNICIPAL CODE CHAPTER 2.24 PLANNING COMMISSION…………………………....…….....49 CHARTER OF THE CITY OF SAN MATEO, CALIFORNIA......................................................................... 50 BYLAWS AND RULES OF PROCEDURE ................................................................................................. 52 BOARDS AND PLANNING COMMISSIONS: RULES AND PROCEDURES 57 WELCOME! 59
HEARINGS 59
PLANNING COMMISSION MEETINGS 60
INFORMATION ON PLANNING COMMISSION VOTES – Feb 2009 61

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Chapter 1 - Welcome to the Planning Commission
Introduction
A person’s life is almost certain to become more interesting when asked to serve on the Planning Commission. He/She attends regular meetings, special meetings, and work sessions, evaluates projects and proposals, and makes tough decisions about community development projects and policies. New terms and concepts are encountered; more knowledge is gained about activities happening around town; and a greater understanding about government and public decision-making begins to develop.

A good Planning Commission must take the future seriously. To be a good Planning Commissioner requires commitment to ensuring a promising future of the community coupled with hard work, the patience to listen, and the willingness and ability to make decisions.

A good Planning Commissioner must have some understanding of the basic topics:
• What Planning is;
• Zoning and Subdivision law;
• The California Environmental Quality Act (CEQA);
• Planning Commission procedures;
• The authority and duties of the Planning Commission;
• Legal aspects of Planning Commission conduct; and
• Standards for Planning Commission decision-making.

The purpose of this handbook is to provide this information. Although being a Planning Commissioner will always be challenging, reading this handbook will make the challenge easier and more understandable.

What is a Planning Commission?
As used in this handbook, a Planning Commission refers to a body of citizens that serve local government. The Planning Commission is an advisory group to the City Council on issues and policies related to planning and land use regulation and community development in general, although in many (most) cases, the Planning Commission has the ability to make a final decision, pending appeal to the City Council.

California Planning and Zoning Law allows cities and counties to establish Planning Commissions and provide for planning, subdivision and land use regulation. A City Council or Board of Supervisors choosing not to establish a Planning Commission would serve as the Planning Commission instead (this is a rare occurrence.)

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Each city or county establishing a Planning Commission passes an ordinance that defines its duties and scope, and which may identify the number of members, their qualifications, how vacancies are filled, the frequency of regular meetings, who serves as their staff, and general operating procedures.

Planning Commission Duties
Duties usually assumed by the Planning Commission include, but are not limited to:
• Holding public hearings and meetings;
• Reviewing the General Plan;
• Reviewing and recommending zoning code regulations;
• Recommending the reclassifications of a property’s zoning; • Reviewing subdivision maps;
• Acting on variances, special use permits, site plan and architectural reviews, and other types of planning applications;
• Reviewing and recommending special studies.

The role of the Planning Commission in shaping the future of a community is extremely important. The City Council is often engaged in the issues of the day and unable to spend sufficient time studying current or planned development activities. The Planning Commission can play a key role by taking the lead in reviewing and evaluation land-use and development issues in both the short-term and the long- term.

Some Rules of Thumb
After a person has been on the Planning Commission for a while, they will begin to recognize “pointers”, or “rules of thumb”, about how the Planning Commission should conduct its business.

Listed below are some “pointers” that should help to provide some guidance. They are taken from the experience of other Planning Commissions, from Planning Commission materials prepared in other states, and from other training publications.
• Develop and adopt bylaws and procedures, and stick to them. • Have the staff develop and make available accurate and reliable information, including data and maps.
• Prepare and maintain an adequate General Plan, refer to it, and make decisions that are consistent with its policies. Also, implement the Plan and its policies. • Annually re-examine what the Planning Commission is doing, how well it is doing it, and how to do it better.

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• Meet periodically with the City Council to exchange ideas and to assess mutual objectives (normally done in joint study sessions.)
• Tell staff what is wanted and how material should be presented to the Planning Commission.

Don’t wait for the experts to tell the Planning Commission what to do next. • If possible, attend some short courses on planning techniques or the latest in land-use law and expect the staff to do the same.
• Find out what other communities are doing. Sometimes it’s surprising to find out how far ahead your community is in comparison.
• Lobby for good planning. If the Planning Commission doesn’t, who will? • Take time to orient new Planning Commissioners to the job. Remember how tough it is to get the hang of being new?
• Have the staff keep organized and complete files. There is no substitute for a complete record of Planning Commission action.
• Be consistent in decision-making.

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Chapter 2 - Role and Activities of the Planning Commission Introduction
Planning Commissioners put in long hours of hard work resolving complex, sometimes difficult, issues.

Why would citizens want to subject themselves to long hours and hard work for little compensation and little public recognition? Probably because they are people who take an active interest in the welfare of their community and are willing to put that civic-mindedness to work. While the job can be difficult, it is also rewarding to participate in decisions and formulate ideas that will help shape the physical, social, and economic future of the community.

Purpose of the Planning Commission
The Planning Commission acts on behalf of the City Council in deciding on and recommending land-use activities and related matters. The City Council does not have time to do their job and the job of the Planning Commission as well. This is not only because their workload may be too large, but also because the job of planning is too important to leave unattended. The Planning Commission has the authority and the responsibility to play a central role in making decisions and advising the City Council in land-use concerns and development issues.

The Authority of the Planning Commission
The Planning Commission derives its authority and duties through California Government Code Section 65101 and Section 6.04 of the Charter of the City of San Mateo. That authority is further detailed in the Municipal Code Chapter 2.24 defining the composition and duties of the Planning Commission.

Duties of the Planning Commission
The duties of the Planning Commission will vary from community to community depending on factors such as support for planning on the City Council, the community’s rate of growth, responsibilities prescribed by ordinance, and community attitudes about planning. The following list of duties shows the range of activities with which a Planning Commission may become involved.

Assist in the preparation of a General Plan. The General Plan, which is discussed in more detail in the next chapter, contains policy statements about community development and a map displaying intended land-use in the community. The General Plan can be the most important document the Planning Commission will prepare, since, if properly prepared and followed, it will be the blueprint for decision-making on land-use and development.

Review and Recommend Zoning Code Regulations. Zoning code regulations (as well as other means) are used to implement the General Plan. The Planning Commission is closely involved in the preparation and amendment of zoning code regulations and provides recommendations to the City Council.

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Review and Recommend the Reclassification of Property. The Planning Commission reviews proposed zoning reclassifications and makes a recommendation to the City Council whether a zoning change should be granted. The City Council has the final decision, since reclassifications are approved by ordinance.

Act on Planning Applications (PA’s). The Planning Commission has the authority to approve or deny planning applications which include variances, special use permits, and subdivision maps. Included with these PA’s are environmental documents such as Environmental Impact Reports (EIR’s) and Negative Declarations.

Hear Appeals of Zoning Administrator Decisions. The Planning Commission hears appeals of Zoning Administrator decisions. In addition, in some instances the Zoning Administrator may refer items up to the Planning Commission for review or Planning Commissioners may call up Zoning Administrator decisions for review.

Hold Public Meetings and Hearings. This may seem too obvious to mention, however, it’s perhaps the most important activity the Planning Commission undertakes. Public meetings and hearings provide an opportunity for direct interaction between the Planning Commission and local residents. This gives local residents an opportunity to see the Planning Commission “in action”, and gives the Planning Commission members the chance to hear first-hand about residents’ concerns.

Characteristics of the ideal Planning Commission
Having the right kind of members on the Planning Commission can be critical to its success as a productive and respected group. A Planning Commission interested in its work, with a collective sense of its mission and responsibilities will fare much better than one which is disorganized and lacks a clear grasp of its public duties. A dedicated individual who understands the community and is willing to work for its well-being is the best kind of Planning Commissioner.

The ideal Planning Commission should reflect the following:
• Balance. Membership on the Planning Commission should attempt to reflect the diversity of the community while at the same time consisting of people who are known to be level-headed, practical, and willing to work together. The Planning Commission should not be composed of people who think alike. Nor should a Planning Commission be appointed that has individual members so opinionated that they cannot reach consensus. • Skills. A Planning Commission should not be made up of just architects and engineers or business owners or builders. A range of skills is needed to provide depth and perspective in the Planning Commission’s deliberations.
• Understanding of Community. A Planning Commissioner should have some understanding of the forces that are shaping events in the community. This would include understanding attitudes and issues about growth and development, knowing how the local economy works, and having some knowledge of community land-use and development trends.

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• Understanding the Public Process. Planning Commissioners represent and work on behalf of the public. The interests of the public must be kept in mind in both the way that business is conducted (procedural) and in the decisions that are made (substantive). Planning Commissioners should understand that working in a public process can be frustrating and time- consuming. This is because everyone’s interests – the interests of the community at large – must be heeded, and not just those of particular advocacy groups or individuals. • Commitment to Planning. Planning Commissioners will not always agree on what constitutes good planning but they should all agree that planning is important. • Conflict of Interest. A Planning Commissioner who frequently has to declare a conflict of interest and refrain from voting is not a fully participating member of the body. While it is more difficult in smaller towns, the City Council should try to select Planning Commissioners with little or no conflict of interest.
• Special Interests. A Planning Commission which is seen as being too cozy with special interest groups will lose credibility with the public and could find its decisions constantly under scrutiny or even being challenged in the courts. Public loss of confidence in the Planning Commission could result in qualified people declining to apply and a gradual deterioration in the Planning Commission’s ability to do the public’s work.
• Objectivity. This important trait is basically the ability to distinguish between fact and opinion.

Planning Commissioners should be able to support decisions based on the facts, even if it disagrees with their personal opinion.
• Sufficient Free Time. A Planning Commissioner should have the time to, not only attend meetings and work sessions, but also to prepare for the meetings beforehand. No community is well served by a Planning Commissioner who is unprepared and tries to “wing it” at public hearings. Planning Commissioners should also have time to attend training sessions during the year.

The Planning Commission’s Relationship with Staff and Elected Officials Relationship to the City Council. The most important aspect of the relationship between the Planning Commission and the City Council is the Planning Commission’s advisory role for certain types of approvals, such as General Plan amendments, zoning reclassifications, zoning code amendments, and planned developments. Advisory means that the Planning Commission makes recommendations to the City Council and the City Council has the final say.

For example, the Planning Commission might recommend a change in the zoning code but it is the City Council that takes final action on the recommendation. The City Council has the authority to make changes from the Planning Commission’s recommendation. A Planning Commission that has a good working relationship with the City Council can play a key role in keeping the City Council informed and

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educated about planning issues. If the Planning Commission can give the City Council good, solid reasons for the positions it takes, the changes are improved that its positions will be accepted.

Relationship with City Staff. The Planning Director or planning staff person may work for the Planning Commission but is not hired by the Planning Commission. The Planning Commission needs to understand that even though the planner may serve as its staff by preparing findings and reports, the position is accountable to the Community Development Director, who is, in turn, accountable to the City Manager. It is within the Planning Commission’s authority to seek information from the planner, to ask for recommendations on actions before the Planning Commission and to rely on the planner’s ability to provide technical assistance and expert knowledge.

It is not within the Planning Commission’s authority, however, to tell the planner to prepare a new General Plan or rewrite the zoning code. These kinds of major undertakings must be approved by the City Council, although the Planning Commission may recommend that the City Council direct staff to undertake a particular study.

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Chapter 3 - Introduction to Planning
Introduction
Community planning at the local government level is an effort to shape the community’s future through decisions made today regarding land-use, capital improvements, community design, city finances and so on. Planning and land use regulations are a necessary activity of a community wants to shape its future. With the direction and guidance that planning can provide, the community can grow in a more orderly, cost effective manner.

It is important to remember that planning is an ongoing process. It is a continuing activity, as ideas, values, and policies change to reflect the community’s changing conditions. Planning can involve differing, even opposite points of view, and disagreements may arise that may be difficult to resolve.

Yet the effort can be a rewarding one if the community finds common ground and faces the future together.

What is Planning?
Everyone plans. Planning is an activity that touches just about every aspect of life. Individuals plan their daily schedule as well as more long-range activities such as trips and vacations. Friends plan trips, or may organize their efforts to engage in other types of group activities. Families plan for major purchases such as a home or new car. Businesses plan their purchasing, inventory, pricing and marketing. The common thread that runs through these seemingly different activities is the time, effort and expense that is saved in the future by thinking ahead and plotting a course of action today.

City planning may involve more people and be more complex than planning a three-day vacation, but it shares that common thread of organizing the future.

Why Plan?
Communities can realize tangible benefits from planning:

Planning Saves Money. A community can achieve efficiencies in operating government as the result of good planning decisions. For example, zoning that permits construction of a residential subdivision at a long distance from services will prove costly. Residents of the development may request water and sewer, fire, police, road maintenance, and the other services already provided in developed areas of the community and place unanticipated demands on the budget. The same development located adjacent or near to existing services would create a lower long-term demand on the budget through reduction in utility extension costs, maintenance, and related manpower requirements.

Planning Establishes the Ground Rules. Planning establishes ground rules and standards for developers and residents alike and sets the pattern for the community's design and development. A community that has a general plan and land-use regulations will give a clear signal that accepted standards and procedures apply to community development. Developers know the ground rules and know what to expect when a proposal is submitted for the Planning Commission's consideration and

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the public knows the standards which will apply during the evaluation of a proposal. Having ground rules will not eliminate conflicts; however, it should help limit the possibility for conflict by having everyone involved or interested in a development activity "reading from the same page." Planning Can Promote Economic Development. The planning process allows residents and decision- makers to examine alternatives and choose courses of action that can promote employment and economic well-being.

Planning Provides a Forum for Community Consensus. Achieving consensus is a vital aspect of community planning. A planning effort should involve as broad a segment of the community as possible to assure that the community's opinions are well expressed. This also gives a sense of "ownership" in the planning process and the comprehensive plan to as wide a range of people as possible. Community-wide consensus has not been reached if a plan is drawn up by a small group of people who basically agree with each other. It is only when differing viewpoints and values are brought together and the forces of negotiation, persuasion and compromise are at work, that true consensus takes place. Consensus in this context means the formulation of goals to which a majority (or more) of the community will agree.

Planning Can Promote Community Design. Community design is the deliberate process of building the community on the basis of agreed to architectural, aesthetic, and other objectives. It represents an effort to create a proportional balance between the man-made and the natural environments. For example, locating a multi-story steel office tower among two and three story historic buildings would create a significant design problem. Likewise, a development that ignores natural features to create a standard, checkerboard layout has failed to fit in well with the environment, and can damage or destroy natural features and functions.

Planning Can Protect Property and Property Values. Planning can protect property and property values by separating a potentially harmful or disagreeable land use from surrounding residential and commercial uses. Planning also helps to protect stable neighborhoods and their homes to retain their values. Property values can also be enhanced when the community plans for parks, trails, playgrounds and other amenities. Maintaining property values helps support revenues brought into the City through property tax revenue.

Planning Can Reduce Environmental Damage and Conserve Resources. Planning can help a community identify areas where development may be inadvisable because of environmental conditions. These conditions may include avalanche or landslide hazards, areas vulnerable to earthquake damage, eroding stream banks, or other conditions which could threaten development with damage or destruction. Planning can also classify areas which have important habitat or wildlife values.

A Short History of Planning
Community planning in the United States is not a new concept. Colonial Philadelphia, Williamsburg and the new capital of Washington D.C. were "planned" towns where the streets and public buildings were

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designed before development began. These cities were following the model established by European cities that incorporated an overall design in their development. Boulevards were arranged in relation to monumental public buildings and extensive parks to enhance the visual impression of the city. These designs were the work of architects who worked much in the same way as a painter designs a canvas.

This concept of community design continued in the United States until the early 1900's. Later on, the technique of zoning gained acceptance and legal validity as a tool to guide overall city development.

Zoning was a natural reaction to the situation where original town designs were being outstripped by the rate of expansion of communities. The separation of certain uses and buildings through zoning protected property values and avoided unsafe mixtures of residential and industrial districts.

Community planning took place in earnest in the 1930's and 1940's, as federal expenditures helped fund numerous planning studies. With the passage of Section 701 of the Federal Housing Act in 1954, local planning activity increased dramatically. Many communities used the "701" monies to create community plans to meet both the federal funding requirements as well as deal with local issues. The program was discontinued in 1981.

Passage of the Housing Act was followed closely by federal programs like the Urban Redevelopment Administration and the Overall Economic Development Program in the 1960's, the Coastal Zone Management Act in the early 1970's, and other federal legislation that offered money or encouragement for community and regional planning.

Today, California communities are planning for a variety of reasons, including the State's legal requirements to have a general plan to provide a long term vision for the community. All zoning and land use approval must be consistent with the general plan.

Authority for Local Planning in California
The following state and City laws outline the basic legal framework for local planning:
• Establishment of local planning agencies, Planning Commissions and departments. Government Code Section 65100 et. seq.
• General plan and specific plans. Government Code Section 65300 et. seq. • Zoning regulations. Government Code Section 65800 et. seq. • Subdivision Map Act. Government Code Section 66410 et. seq. • Development Agreements. Government Code Section 65864 et. seq. • California Environmental Quality Act. Public Resources Code Section 21000 et. seq; California Code Regulations title 14, Sections 15000-15387 (Also known as the CEQA Guidelines). • Ralph M. Brown Act, Government Code Section 54950 et. seq. (also known as Open meeting Act, or simply the Brown Act).

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• Permit Streamlining Act. Government Code Section 65920 et. seq. • City of San Mateo Charter and Municipal Code
What Is a General Plan?
The general plan provides the framework for all zoning and land use decisions within a community.

State planning law requires that the general plan include a comprehensive, long-term plan for a city or county’s physical development. The general plan shall consist of a “statement of development policies” and must include diagrams and text setting forth “objectives, principles, standards, and plan proposals”. The general plan consists of seven mandatory elements and any optional element a city chooses to adopt.

The seven mandatory elements of the general plan are as follows:
• Land Use Element – The land use element of a general plan identifies the proposed general distribution and intensity of uses of land for housing, business, industry, open space, natural resources, public facilities and other categories of public and private uses. This element serves at the central framework for the general plan and is intended to correlate all land use issues into a set of coherent development policies.
• Circulation Element – The circulation element identifies the general location and extent of existing and proposed major roadways, transit routes, terminals and other local public transportation utilities and facilities. Generally, this element also includes standards (intersection level of service) policies and improvement plans. Any proposed transportation improvements must correlate to other elements of the plan, including the land use element. • Housing Element – The housing element identifies and analyzes existing and project housing needs and includes a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement and development of housing. The Housing Element is the only general plan element for which state law sets forth specific content and schedule requirements. All housing element revisions must be reviewed and certified by the State of California Housing and Community Development (HCD) Department in order for the housing element to be in compliance with state law.
• Conservation Element/Open Space Element – These are combined in the City of San Mateo General Plan. The conservation element deals with the identification, conservation, development and use of natural resources while the open space element is the plan for the comprehensive and long-range preservation of open space land.

• Noise Element – This element identifies and analyzes noise issues in the community. Current and projected noise levels are indicated, and policies dealing with compatibility of land uses with specific noise levels are also detailed.

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• Safety Element – The safety element establishes policies and programs to protect the community form risks associated with seismic, geologic, flood and wildlife hazards.

Since 1971, State law has required all cities and counties to have a legally adequate general plan with all of the mandatory elements.

In sum, the preparation, adoption and implementation of a general plan serves to :
• Identify a community’s land use, circulation, housing, environmental, economic and social goals and policies as they relate to land use and development; • Provide a basis for local government decision making, including decisions on development approvals;
• Provide citizens with opportunities to participate in the planning and decision making processes of their community; and
• Inform citizens, developers, and decision makers of the ground rules that guide development within the community.

The general plan bridges the gap between community values, visions and objectives, and physical decisions such as planning application approvals for development projects.

What Planning Cannot Do
While a planning effort and a general plan can produce benefits, it's a mistake to believe that planning has all the answers and is a "cure-all" for whatever ails the community. Planning can produce positive results if it is understood and supported by the Planning Commission, the governing body and local residents. The following limitations, however, should be noted:
• Planning cannot produce miracles, and cannot be expected to suddenly cure all of a community's ills. It is not a short-term proposition, but a medium to long-term undertaking. • Planning cannot be used to exclude newcomers to the community nor can it be used to prevent change or to keep everything in the community just the way it is. • Planning cannot be a device for problem-solving or a means of avoiding mistakes unless it has credibility among residents and is supported by elected and appointed public officials. • Planning cannot succeed without implementing the policies contained in the planning document. Planning needs some sort of action program to carry out its objectives. • Planning cannot turn a community around and restore economic health and vitality overnight.

To do so requires patience, commitment, and vision.
• Planning cannot succeed if it fails to balance competing points of view in the community. A successful planning effort brings all of the players to the table.

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• Planning cannot work to the benefit of your community unless you want it to.

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Chapter 4 - PLAN IMPLEMENTATION
The Importance of Implementation
The completion of a general plan is a big step, one which represents a substantial expenditure of time and effort, but it does not represent the completion of a planning program. The program will not be complete until ordinances are adopted that implement the plan's goals and policies. Zoning and subdivision ordinances are the most recognized and widely used means of implementation. The Planning Commission and governing body use other means of implementation too, such as the capital improvements plan, and even the more day-to-day decisions that they and the city administration make.

The zoning and subdivision codes must be kept up-to-date and consistent with the general plan. This is because the plan is essentially an advisory document, while the zoning and subdivision regulations are laws that are enforceable. Since the plan will undergo periodic updating to remain accurate, the regulations must be updated too, to assure consistency with the general plan. A revised and updated general plan will be of little use to the community if the zoning and subdivision regulations lag behind and represent outdated policies and land use designations.

Implementing ordinances will be more precise and specific than the terms contained in a general plan.

For instance, a plan may contain a policy promoting adequate standards for new single family dwelling development. A provision in a zoning ordinance adopted to implement the plan might contain language that each new home must be constructed on a six thousand square foot lot, and be set back ten feet from its side property line.

Zoning Regulations
Zoning is the classification of land according to use, such as single-family residential, commercial or industrial, and the establishment of standards governing each use within its zone. Uses may be permitted outright, permitted with conditions, permitted as an accessory use to the main use, or prohibited.

A city’s zoning code consists of two parts: the map and the text. The map shows the location of different land use classification, while the text contains standards for each classification, such as, but not limited to: minimum lot size, setbacks, maximum building size, and listings of permitted, accessory, conditional and prohibited uses.

Authority for Zoning
State Government Code Section 65800 provides for the adoption and administration of zoning in California:

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“65800. It is the purpose of this chapter to provide for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities, as well as to implement such general plan as may be in effect in any such county of city…the Legislature declares that in enacting this chapter it is its intention to provide only a minimum of limitation in order that counties and cities may exercise the maximum degree of control over local zoning matters.” San Mateo has adopted its own zoning code pursuant to this state enabling legislation. The pertinent sections of the zoning code are referred to in any matters brought before the Planning Commission.

The History of Legal Basis for Zoning
Zoning began in the United States in the early part of the 20th century as an attempt to promote public health and fire safety and separate incompatible uses. In New York, for example, zoning began in an attempt to stop the spread of the garment district up 5th Avenue and to improve the safety and living conditions in tenements. Many lower courts had upheld zoning in the 1920's. It was not until 1926, however, that the United States Supreme Court ruled in the landmark case of the Village of Euclid v.

Ambler Realty, that zoning was a constitutional use of the police power. Justice Sutherland stated in the majority opinion that:
"each community has the right and responsibility to determine its own character and as long as that determination [does] not disturb the orderly growth of the region and the nation it is a valid use of the police power."
After this decision, zoning spread rapidly throughout the country and became the most widely accepted means of regulating land-use activities. By the 1950's, zoning had become closely associated with comprehensive planning, to the extent that the terms were often used interchangeably. In subsequent years, however, the general plan has become recognized as a policy document and the zoning ordinance as a regulatory document. In fact, state law requires that zoning must be consistent with the general plan.

The police power is basically the government's right to place controls over individual behavior and the use of private property to promote the health, safety and welfare of the community at large. The controls, such as a litter ordinance or zoning code, must have a reasonable basis, avoid constitutional pitfalls and serve a public purpose. Unlike the power of eminent domain, where just compensation must be paid for property which is taken for a public purpose, no compensation is required when zoning is used as a valid exercise of the police power. Zoning has been recognized as a legitimate use of the police power since the Euclid v. Ambler case. Times and conditions continually change, however, and zoning and land-use regulation is regularly under review and interpretation by the courts.

Subdivision Regulations
Subdivision is a largely technical activity that is fundamentally different than zoning, despite its common use in implementing the general plan. Subdivision does not address the use of land for residential, commercial and other activities. Instead, it establishes standards for subdividing land and

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places certain requirements on those divisions. Its purpose is not to determine which land-use goes where, but to assure that lots are created in accordance with community standards and are properly surveyed and recorded.

Authority for Subdivisions
The Subdivision Map Act, Government Code Section 66411 gives cities and counties the ability to regulate and control the design and improvement of subdivision within its boundaries.

The Subdivision Map Act’s primary goals are to:
• To encourage orderly community development by providing for the regulation and control of the design and improvement of the subdivision, with a proper consideration of its relation to adjoining areas;
• To ensure that the areas within the subdivision that are dedicated for public purpose will be properly improved by the subdivider that they will not become an undue burden on the community; and
• To protect the public and individual transferees from fraud and exploitation.

San Mateo has adopted its own Subdivision Code, consistent with the Subdivision Map Act. The most typical type of subdivision in San Mateo is a condominium, which is a division of air space with the actual building and land being held in common (usually through a homeowners association). New subdivisions of land are relatively infrequent, as San Mateo is an already developed community and has been subdivided.

Other Types of Planning Approvals
There are a number of other types of planning approvals which will come before the Planning Commission. As noted above, state zoning law indicates that “cities may exercise the maximum degree of control over local zoning matters.”
Section 27.08.010 of the San Mateo Zoning Code lists the types of planning approvals that are included as part of a planning application. Some of these items, such as a “code amendment regarding land use regulation” have been described above:
“27.08.010 PLANNING APPLICATION SUBMITTAL. (a) A planning application (PA) shall be submitted for any project requiring a:
(1) Site plan and architectural review;
(2) Special use permit;
(3) Temporary use permit;
(4) Variance;

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(5) Site development permit;
(6) Subdivisions;
(7) Reclassification;
(8) Planned development;
(9) General Plan amendment;
(10) Specific plan amendment; or
(11) Code amendments regarding land use regulation.
(12) Downtown Economic Development Permit.
(13) Planned signing districts and freestanding signs over eight feet in commercial districts.
(14) R1 Design Review (SFDDR).”
Other Means of Implementation
Zoning and subdivision are not the only means of implementing the general plan, though they are the most common. The Planning Commission can also use other measures to further the goals and objectives of the plan. These other measures can include, but are not limited to, such things as:

Capital improvements that are consistent with general plan goals and objectives, such as paving or the construction of public facilities.

Design Guidelines to regulate the appearance of buildings, including signs, color, lighting, landscaping, and parking.

Economic development strategies designated to enhance the City’s commercial base and provide more jobs or job opportunities in the community.

Redevelopment Plans for specific areas to improve the physical appearance and economic and environmental condition of these areas.

Specific Plans for selected areas of the City, such as the downtown.

Affordable housing strategies to enhance housing opportunities for low and moderate-income households.

Local budget decisions that commit the city’s fiscal resources to the operation of government and the achievement of community goals and objectives.

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Chapter 5 - THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Overview
The California Environmental Quality Act (CEQA), Public Resources Code 21000 et. seq., requires governmental agencies to consider the environmental consequences of their action before approving plans or projects. In enacting CEQA, the Legislature explained that the CEQA process is intended to:

1. inform governmental decision makers and the public about the potential environmental effects of proposed activities;

2. identify the ways that environmental damage can be avoided or significantly reduced;

3. prevent significant, avoidable environmental damage by requiring changes in projects, either by the adoption of alternatives or imposition of mitigation measures; and

4. disclose to the public why a project was approved if that project would have significant environmental effects.

To assist in implementing CEQA, a set of guidelines, called “The CEQA Guidelines” have been adopted by the Secretary of Resources and incorporated into the California Code of Regulations, title 14, Section 15000 et. seq.

The CEQA Process
The following is a very simplified, brief explanation of the CEQA process. For a more complete understanding, there are many textbooks available for reading as well as workshops which address both general and specific CEQA topics.

Is It A Project?
Not all city actions or actions approved by the city are considered projects which are subject to CEQA.

An action is considered a project subject to CEQA if it is discretionary, that is, the city is required to exercise judgment in deciding whether to approve or deny a project, as opposed to situations in which the City merely has to determine whether there has been conformity with the objective standards adopted in the applicable code.

For example, planning applications, many of which come before the Planning Commission for review are considered discretionary actions which are subject to CEQA. The Planning Commission exercises judgment as to whether the project complies with the city’s general plan, zoning code, design guidelines and any other applicable standards. However, a simple building permit, for a one-story code conforming addition to a single-family dwelling, does not require discretion (a planning application) and is ministerial only; if the codes are met, the permit is issued and no CEQA review is required.

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Determining if the Project is Exempt from CEQA
If an action is determined to be a “project”, it may nevertheless be exempt from the provisions of CEQA. The actual law includes statutory exemptions for certain types of projects, many of which involve projects that are consistent with a previously adopted general plan, community plan, specific plan or zoning ordinance.

The CEQA Guidelines also include a list of “categorical exemptions” which are classes of projects that the Secretary of Resources has found do not have a significant effect on the environment. These types of categorical exemptions include new construction of small structures, minor roadway improvements, minor alterations of land use limitations, and many other types of small, minor projects.

Preparing an Initial Study
If a project is not exempt from CEQA, an initial study will be prepared. This initial study includes a checklist of environmental issues, a standard checklist is provided in the CEQA Guidelines. In addition to the checklist, a written narrative must be provided to indicate why specific impacts were deemed to be potentially significant down to a rating of less than significant. In many instances, the initial study will incorporate the data and findings of special studies, such as a traffic study.

Negative Declaration
If the initial study concludes that the project will not create a significant effect on the environment, a Negative Declaration can be prepared. A Negative Declaration is a written statement that an Environmental Impact Report (EIR) is not required because a project will not have a significant adverse impact on the environment.

A Negative Declaration may include conditions which mitigate potentially significant environmental impacts to a less than significant level. Such a negative declaration is often referred to as a “mitigated negative declaration”. A mitigated negative declaration states that revisions made to the project or conditions agreed to by the applicant would avoid the potentially significant adverse impacts, and that there is no substantial evidence that the project, as revised and conditioned, will have a significant effect on the environment.

As a general rule, an agency may not adopt a negative declaration, and must prepare an EIR, if it can be fairly argued on the basis of substantial evidence that the project may have significant environmental impact. Substantial evidence means enough relevant factual information exists so that a fair argument can be made to support this conclusion even though other conclusions may be reached.

However, argument, speculation, inaccurate information or unsubstantiated opinion does not constitute substantial evidence. Similarly, the existence of public controversy over the environmental effects of a project does not, in of itself, require preparation of an environmental impact report if there is no substantial evidence before the city that the project may have a significant effect on the environment.

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Environmental Impact Report
If the project is determined to have the potential for generating significant environmental impacts, an environmental impact report (EIR) must be prepared. There are a number of required sections in an EIR:
• Table of contents or index
• Summary of proposed actions and its consequences
• Project description
• Environmental setting
• Evaluation of environmental impacts
o Significant environmental effects of the proposed project o Significant environmental effects that cannot be avoided if the proposal is implemented o Any significant irreversible environmental changes that would be involved if the proposed action should it be implemented.
• A discussion of the growth-inducing impacts
• Cumulative impacts
• Effects not found to be significant
• Mitigation measures: measures proposed to avoid or minimize the significant effects • Alternatives to the proposed action
• Inconsistencies with applicable plan
• Organizations and persons consulted
Given the nature of the projects analyzed and the requirements of an EIR, an EIR is normally a much longer document than a Negative Declaration and takes longer to process.

Use of Environmental Documents
Both Negative Declarations and EIR’s are forwarded to the Planning Commission as part of a project’s packet material. The information contained in these documents should be used as a basis for a rendering a decision in conjunction with considerations related to the general plan, zoning code and other city documents as outlined in this handbook.

The Negative Declaration or EIR must be certified as adequately identifying a project’s environmental effects before the project can be approved by the Planning Commission.

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Chapter 6 - PLANNING COMMISSION CONDUCT
The Public Interest
Planning Commissioners, like others who are charged with conducting the public's business, must do so in the "public interest." Unlike a special interest, where a limited number of people would stand to benefit or profit, the public interest represents the maximum number of benefits flowing to society at large and not to selected individuals or groups within society. It is by nature more basic and more fundamental than special interest or individual interest or than the sum of special interests or individual interests.

Planning Commissioners have to determine what constitutes the public interest as decisions are made on variances, conditional use permits, rezones and other matters. The following pointers may help in keeping the public interest foremost in the decision-making process:

1. Remember who the client is. It is not the applicant but the public at large and the interest which that public represents. It is not just the people in the meeting room, but all those who are at home, too. It is everyone that lives in the community, and abides by the Planning Commission's decisions.

2. The question of who benefits from the decision should be asked. Does the applicant benefit at the expense of the public? Does the public benefit? Both?

3. The public interest includes the interests of all members of the community not just the interests of selected members.

4. When citing the public interest as the reason for a particular action, be sure that the public at large (i.e., the whole community) will benefit and not just certain individuals or groups.

5. Decisions made in the public interest should consider, to the extent possible, future as well as current generations.

Legal Aspects of Planning Commission Conduct
Planning Commissioners, like the members of all other public bodies in California, must comply with state laws regarding financial disclosure and public meetings. These laws, the Conflict of Interest Law and the Open Meetings Act, set legal standards for the conduct of public officials. Planning Commissioners must also be aware of two other aspects of their conduct: ex parte contact (actually related to open meetings) and due process. Ex parte contact is basically the attempt to influence a Planning Commissioner outside the public forum. Due process is the procedural fairness that the Planning Commission must show to all parties.

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Conflict of Interest
The goal of conflict of interest laws is to require public officials to make decisions without being influenced by personal financial interests. Toward this goal, the laws require disclosure of certain private financial interests and disqualification from decision-making under certain circumstances.

Conflict of interest laws balance two competing interests. On one hand, decisions must be made to benefit the public, not private financial interests. At the same time, conflict of interest laws are not designed to insulate officials from making difficult decisions. Making difficult decisions is, after all, one of the primary duties of a public official.

What is a Conflict of Interest?
There are a number of laws which define conflict of interest standards. The Political Reform Act (Government Code section 81000 et. seq.) is the most comprehensive. It says:
“No public official at any level of state or local government shall make, participate in making, or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest.” The Political Reform Act requires public officials to disqualify themselves on a particular issue if they have conflict of interest. A public official or employee has a conflict of interest when all of the following occur:
• The official makes, participates in, or uses his official position to influence a governmental decision;
• It is foreseeable the decision will affect a financial interest of the official; • The effect of the decision on the official’s financial interests will be material; and • The effect of the decision on the official’s financial interest will be distinguishable from its effect on the public generally.

When in Doubt
The Political Reform Act is quite complex. In practical terms, when officials have an interest in a business, a piece of real property, as source of income related to a matter coming before the Planning Commission, they should consult with the City Attorney prior to the meeting. Also, if a Planning Commissioner lives with 500 feet of a project location coming before the Planning Commission, a conflict of interest is presumed to exist, and the Planning Commissioner should disqualify himself or herself.

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Effect of Disqualification
When an official has a conflict, the official must not only disqualify himself from voting, but must also refrain from participating in any debate on the matter. The disqualification must be made on the record.

Disclosure of Conflict
It is not "bad" to have a conflict of interest. It is illegal to fail to declare a substantial conflict of interest or to participate in discussions on issues or decisions where such conflict exists. It is in a Planning Commissioner's and the Planning Commission's best interests to avoid public challenges on conflict of interest charges by heading them off in advance.

Open Meeting Act
All meetings and deliberations of the Planning Commission must be open and public as required by the Ralph M. Brown Act, Government Code Section 54950 et. seq. This law is also known as the Open Meeting Act, or simply “the Brown Act”.

The courts have consistently interpreted the Brown Act broadly to ensure open deliberation and open decision making so the public can be fully informed and maintain contact with their governmental representatives.

Meetings
The following are defined as meeting and subject to the Brown Act requirements:
• Any congregation of a majority of members of the Planning Commission in the same time and place to hear, discuss or deliberate on any matter within the Planning Commission’s jurisdiction.
• Use of direct communications, personnel intermediaries, or technological devises (telephone, fax, e-mail) by a majority of the Planning Commissioners to develop a collective concurrence on action to be taken.

• In addition, a series of individual meetings or conversations which involve less than a quorum, but which taken as a whole involve a majority of the Planning Commission members is also considered a meeting for the purposes of the Brown Act.

What is Not a Meeting
Attendance by a majority of Planning Commissioners at a conference, such as the League of California Cities, or at an open and publicized meeting organized to address a topic of local community concern such as a Chamber of Commerce forum on housing is not considered a meeting, provided that a majority of Planning Commissioners do not discuss among themselves, specific business within the Planning Commission’s jurisdiction. Similarly, attendance of a majority of the Planning Commission at

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a social event or ceremonial event is not considered a meeting, again provided that a majority of Planning Commissioners do not discuss among themselves, specific business within the Planning Commission’s jurisdiction.

Brown Act Requirements
In general, the Brown Act requires:
• Posting of the time and place of meetings. (There are also other more notice requirements for planning applications as specified by state law and local ordinance). • Public comment period. All meetings must allow the public to speak on any item of public interest within the Planning Commission’s jurisdiction. In San Mateo, this occurs at the beginning of the Planning Commission meeting.
• Material distributed to the Planning Commission. Any material, either sent out in the packets, given the Planning Commission at the meeting, or otherwise distributed to the Planning Commission becomes part of the “public record” and must be made available to the public.

Also, the Brown Act allows for the removal of disruptive individuals who are willfully preventing the meeting from taking place.

Ex Parte Contact
Ex parte is a Latin term that means, "from or on one side only." It is related to the Brown Act in that it deals with Planning Commissioners being influenced outside the public forum without the benefit of hearing all sides of an issue.

What is Ex Parte Contact?
Contacts which occur away from the hearing are known as ex parte and can include telephone calls, informal meetings, lunches or even a casual encounter on a street corner. The essential element of ex parte contact is that someone with a direct interest in a decision before the Planning Commission - an applicant, a representative of an applicant or an opponent of the applicant - is attempting to influence or secure a vote outside the public forum before a Planning Commissioner has had an opportunity to hear all sides of an issue.

Such contacts may be a source of pertinent information not otherwise available to the staff or Planning Commission members but they should not be permitted to influence a member's decision-making before deliberations begin.

Examples of Ex Parte Contact
Ex parte contact is common for Planning Commissioners because of their visibility in the community and the nature of their work. Discussions with Planning Commission members outside the public forum can be a beneficial way to exchange information and help keep Planning Commissioners informed of

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residents' attitudes. A distinction must be drawn, however, between contact on general or legislative matters, and contact on questions that involve specific parcels of land or the rights of certain individuals. The following examples show this:

1. A paid representative for a developer takes a Planning Commissioner out to lunch in order to persuade him/her to vote for a re-zone. The representatives urges the Planning Commissioner commit to a "yes" vote three days before the meeting and before all sides of the question have been heard. What should the Planning Commissioner do?
Citizens have a right to contact their elected and appointed representatives and express their viewpoints. Public officials, on the other hand, have a responsibility to uphold the integrity of their office and maintain it as free of influence as possible. The Planning Commissioner should not make any promises or commitments to the developer's representative. This position should be taken whenever specific parcels of property or the rights of specific individuals are under consideration. Given the fact that the re-zone will be coming before the Planning Commission, a meeting of the sort described above should be avoided.

2. The Planning Commission is scheduled to review the municipality's Capital Improvements Projects list at its next meeting and make recommendations to the City Council. A Planning Commissioner is contacted by a resident who wants changes in the list.

The Planning Commissioner should feel free to ask why the resident believes the list should be changed and to explain his/her own position on the priority ranking of projects. The same position can be taken on other general matters that affect the welfare of the public at large, such as the adoption of a comprehensive plan or recommending amendments to the zoning code.

How to Deal with Ex Parte Contact
The following guidelines should be considered in dealing with ex parte contacts. • If someone contacts a Planning Commissioner to discuss an issue involving the rights of specific individuals or particular parcels of land, the Planning Commissioner should refrain from stating his/her position and invite the person to present their testimony before the whole Planning Commission.
• If someone persists in offering information but is unwilling to testify before the whole Planning Commission, tell the person to put the information on the record, preferably by sending a letter to City staff. If the person is unwilling to have the information placed on the record. • Written information on a pending Planning Commission action should be sent to staff for review and/or inclusion in the Planning Commission packets. • If you make a site visit with or without the applicant, disclose that fact on the record before the meeting begins.

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• If you do have ex parte contact with a member of the public, applicant or interested party, disclose that fact on the record before the meeting begins.

Above all, use common sense and good judgment when dealing with applicants and other interested parties outside a public forum.

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Chapter 7 – THE PLANNING COMMISSION MEETING
Due Process
According to the courts, local planning decisions do not have to be wise, but they do have to be fair.

The Planning Commission must respect equally the rights of all parties who appear before it. The important elements of due process are:
• adequate, advance notice of meetings;
• availability of staff reports and other information needed by the public to more fully understand issues;
• the opportunity to be heard at public hearings;
• full disclosure or the chance to hear, see, or review all the information available to the Planning Commission in its deliberations; and,
• findings of fact backed up by substantial evidence on the record to support the Planning Commission's decisions.

The Planning Commission has a responsibility to assure that its decisions are fair, impartial and objective, unbiased by even the appearance of having been privately influenced. Excerpts from a Washington State Supreme Court case illustrate the importance of due process and the appearance of fairness. Although not a California case, it clearly illustrates the fairness and impartiality the courts will expect of Planning Commission deliberations.
"Members of Planning Commissions with the role of conducting fair and impartial fact-finding hearings must, as far as practicable, be open-minded, objective, impartial, free of entangling influences and capable of hearing the weak voices as well as the strong." Buell v. City of Bellingham (1972)."
Conducting a Planning Commission Meeting
The Planning Commission will conduct basically three types of meetings: regular meetings, special meetings and study sessions. Since no decision can be made in a study session, they are less formal and occur in a more relaxed setting than regular or special meetings. The Planning Commission is not required to accept testimony at a study session nor are any formal actions taken. Study sessions are held to gain a clearer understanding of complex or important issues, to establish a Planning Commission workload, or for some other reason not related to the actual conduct of Planning Commission business.

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The Planning Commission has more contact with the public at meetings than at any other time. Thus, the Planning Commission's credibility and effectiveness can be directly affected by the way the public's business is conducted. A Planning Commission that conducts a fair, well-run meeting will preserve the public's confidence and be able to do productive work. A well-run meeting has the added benefit of being less tiring and less frustrating for Planning Commissioners. This permits the Planning Commission to pay more attention to the business at hand.

These meetings require adequate public notice, a published agenda, minutes of the meeting. All public notice is either mailed and or published in accordance with State law and local codes. Minutes are prepared at each meeting and are then forwarded to the Planning Commission for review and approval at their next meeting.

Chairing the Planning Commission
The attitude and abilities of the chair are critical to the successful operation of a Planning Commission.

A capable chair understands the issues, understands his or her fellow members, can maintain order, and is able to bring the Planning Commission to a decision even on complicated or controversial issues.

A person should be named as chair for his or her leadership abilities in addition to having other qualities such as integrity and fairness.

Responsibilities of the Chair
A chair has two types of responsibilities: those contained in the Planning Commission's rules of procedure and those that are more related to his or her leadership abilities.

Procedural responsibilities include, but are not limited to, the following:
• preside over the meetings of the Planning Commission; • work with staff in setting and reviewing the agenda; and • call or schedule special meetings of the Planning Commission.

Other types of responsibilities rest more with the chair's personal abilities, and are not determined by bylaws or other rules of procedure. These include:

Running a meeting. It is the chair's responsibility to run an orderly meeting and conduct the Planning Commission's business in a fair and timely manner. Other Planning Commissioners, the staff and the public will look to the chair for leadership.

Maintaining order. Do not allow members of the public to clap, cheer, whistle, and so on, either for or against testimony that is being presented or in response to comments by Planning Commission members during their deliberations. The chair should "gavel down" this kind of behavior and run an orderly meeting. Neither should the chair permit members of the Planning Commission to accuse or overtly challenge one another, members of the public, or persons testifying.

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Keeping the business moving. The Planning Commission should not endlessly mull over matters, continually request new information, and otherwise delay making a decision when the information needed for doing so has been presented. The chair should move the meeting along by summarizing the facts and the positions presented by Planning Commission members, and bringing matters to a vote. Failure to do so is unfair to the City Council, which may be relying on the Planning Commission's recommendation, and to the applicant, whose proposal may be unfairly delayed by indecision.

Managing public testimony. Testimony from witnesses should be held to a reasonable length of time, particularly if a large number of people want to address the Planning Commission.

Testimony should be pertinent to the matter under deliberation. The chair should also discourage successive speakers from repeating the same testimony over and over again. While there is a need to keep the testimony moving, the Planning Commission also needs to show an interest in what the witnesses have to say. Once the public hearing is closed no one, other than Planning Commission or staff, is permitted to speak! On occasion, the Planning Commission may wish to recall the applicant to clarify remarks for the Planning Commission. However, this does not re-open the public hearing, and no further public testimony is allowed. There may be legal issues if the Planning Commission appears to base a decision on statements made by the public after the public hearing is closed.

Preventing arguments. The chair should prevent sharp exchanges from occurring between Planning Commission members and persons testifying, and between Planning Commission members themselves. He or she should limit the dialogue between Planning Commission members and persons testifying to fact gathering which will contribute to the Planning Commission's decision-making ability. This is important to prevent a loss of the Planning Commission's objectivity and credibility.

Understanding parliamentary procedure. The chair must understand making motions, amendments to motions, the order in which business is conducted, what is or is not debatable, and so on.

Tying things together. This is the ability to take into account public testimony, Planning Commission deliberations, and an understanding of the issue at hand, in guiding the Planning Commission toward a decision. It is based on the chair's ability to discern a position that a majority of the Planning Commission can support and that is fair to the public.

Qualities of a Good Chair
The ability of the chair to run a meeting is important if the Planning Commission is to get its work done.

The qualities of composition for the Planning Commission in general apply equally well to the qualities needed in a chair except Planning Commission members will expect the chair to display leadership skills and run well-organized and purposeful meetings.

The following attributes of a good chair should be considered:

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Tact - The chair must show tact with other members and the public. A rude or insulting chair will reflect poorly on the whole Planning Commission and will alienate other Planning Commissioners and members of the community.

Quick Thinking - The chair may have to think and act quickly in overseeing the conduct of the Planning Commission's business. This may include summarizing positions, clarifying motions and giving direction to staff based on the differing views of Planning Commission members.

Respect – A chair whose judgment has been tested and found to be good, whose opinion is sought out, or who has support from diverse elements of the community has earned the respect of his or her peers. This can only help in conducting the Planning Commission's business and enhancing its role in community decision-making.

Speaking Ability - As the spokesperson, the chair must be able to articulate the Planning Commission's position to the City Council, the public and the media. This includes the ability to explain complex or controversial matters which may be either poorly understood or disputed in the community.

Understanding the Issues - Of all members, the chair must be able to understand the business before the Planning Commission. Failure to understand an item which the Planning Commission is to act on can lead to confusion and result in poor decision-making. The chair needs to put extra effort into studying the agenda and preparing for the meeting.

Practical Tips for the Planning Commissioner

1. Become Familiar with the General Plan and Zoning Code – These documents provide the basis for many of the decisions you will make. Be aware of their contents.

2. Read Your Packet – A staff presentation will be made for each item on the Planning Commission’s agenda. However, the full details of a project or study can only be ascertained by a review of the packet material.

3. Visit Project Sites - Frequently, visiting a project site can give you a much better understanding about a variance, conditional use permit or other requests before the Planning Commission, than merely reading about it in the packet. Become familiar with the project, then visit the site.

4. Know All Sides of an Issue Before Forming An Opinion – Review all staff material, related correspondence and consider all testimony given the night of the meeting before forming an opinion.

5. Rely on Facts, NOT Opinions - This can be hard, but it is very important. For example, if someone tells you the Smith rezone is unwise, that is not a good reason to oppose it. If, however, staff recommendations or public testimony show it would be spot zoning, or violate the general plan, then you have a factual basis for a decision.

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6. Use the Chair to Keep the Meeting Orderly - Avoid extended one on one conversations with the applicant or public; instead, use the chair to direct questions and comments as appropriate.

A simple question, such as “Is the color of the building blue?” with a response from the applicant “Yes.” is fine. However, extended dialogue and debate between a Planning Commissioner and an individual member of the public (or applicant) make it difficult for the chair and Planning Commission to have an orderly meeting. In addition, it may reduce other Planning Commissioners to being spectators instead of participants.

7. Take Part in Debate - As a rule, the quality of the Planning Commission's decision-making is improved when all members contribute to the discussion. Also, taking part in discussion lets other Planning Commissioners know a person's analytical and problem-solving strengths (and weaknesses!).

8. Ask Questions - You've heard the expression, "there's no such thing as a dumb question." Well, it’s true. If you don't ask, who will? If you don't know, how else will you find out? Don't leave your education on an issue up to chance; take the initiative and find out.

9. Seek Solutions - Be a problem-solver. Contribute to debate in a way that will lead to solutions, and not merely add to the difficulty or complexity of a situation.

10. Focus on Issues, Not Details - Details are important, but don't get lost in them while trying to resolve an issue. Sometimes it’s more comfortable to deal with details when an issue is particularly thorny or difficult, but doing so will not produce answers. You should always strive to understand the essence or substance of the matter you are addressing.

11. Respect Your Peers - There is no rule that says Planning Commissioners have to be friends (although that many times occurs), but relationships should be courteous and professional.

12. Use the Staff - Staff provides technical assistance. Don't ask staff to make a decision for you; instead, get from them the facts and other information you need to make the best decision you can.

13. Dealing with Staff - Don't surprise staff members at a meeting with critical comments. For example, if you have problems with a staff report that appears biased or wrong, contact the staff member beforehand and work out the problem. It is important to maintain a good working relationship with staff.

14. Being a Planning Commissioner Takes Lots of Time - The time you actually spend at meetings is only a small part of the time it takes to be a good Planning Commissioner. Be prepared to spend a considerable amount of time remaining informed, active and engaged as a Planning Commissioner.

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Planning Application Continuance vs. Denial
In some cases, the Planning Commission offers specific direction to the applicant, with the understanding that the project will be revised consistent with that direction and return to the Planning Commission for approval. In order to allow the project revisions to be made and reviewed by staff, a continuance “to a date uncertain” is the normal motion.

This approach is useful when the applicant is willing to make project revisions. However, if the applicant is unwilling to make any substantial revisions, the continuance will require additional staff work to prepare another administrative report, complete the required public noticing and present the project to the Planning Commission, yet result in the same outcome which would have taken place at the initial Planning Commission hearing - a denial due to the applicant’s reluctance to make project revisions which would allow the Planning Commission to make the necessary findings for approval.

This decision, of course, can be appealed to the City Council.

The decision to continue or deny is solely a Planning Commission decision. Consent from the applicant is not required. However, the Planning Commission may wish to consider the likelihood that the applicant will actually make project revisions when deciding whether to continue an item. In some instances, the applicant is unwilling to make any revisions; in other instances, major revisions may result which will respond to Planning Commission direction and allow for a motion to approve.

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Chapter 8 – MAKING A DECISION AND THE NEED FOR FINDINGS Planning Commissioners must rely on legal standards and other guidelines in making decisions. These standards may be quite broad, such as constitutional guarantees of equal protection and due process, or they may be much more specific, such as the language contained within the municipality's code of ordinances. This chapter will discuss the importance of building a record, or findings of fact, to justify the Planning Commission's decisions.

Two Kinds of Planning Commission Decisions
Planning Commission decisions can be either legislative or adjudicative in nature.

Legislative Decisions. - For the Planning Commission, legislative decisions are decisions that make or interpret policy. These include general plan amendments, zoning reclassifications and zoning code amendments. The key element of legislative decisions is that they apply equally (or are meant to apply equally) to everyone in the community, not just to specific groups or individuals.

Administrative or Adjudicative (quasi-judicial) Decisions. - Generally, administrative decisions involve those that have a direct effect on the rights and liabilities of an individual or a small group of identified persons. Adjudication deals with a more limited set of facts such as those involved with individual planning applications which may involves variances, special use permits, planned developments and any accompanying environmental documents.

The Need for Findings
Findings are not needed for legislative decisions, although there are some exceptions that require findings. For example, state law requires specific findings should a city adopt a growth management plan that limits the number of newly constructed housing units.

Findings are required for adjudicative decisions, which involve over 95% of all the planning applications that the Planning Commission reviews.

Legal Adequacy of Findings
The California Supreme Court has laid down distinct, definitive principles of law detailing the need for adequate findings when a city approves or denies a project while acting in a quasi-judicial, administrative role. In Topanga Ass’n for a Scenic Community v. County of Los Angeles, 11 Cal. 3d 506 (1974) the court interpreted Code of Civil Procedure section 1094.5 to require that a city’s decision be supported by findings, and the findings be supported by evidence. The court defined findings, explained their purposes, and showed when they are required.

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Purpose of Findings
The Topanga court outlined five purposes for making findings, three relate to the decision making process, two relate to judicial (court) functions:

1. To provide a framework for making principled decisions, thereby enhancing the integrity of the administrative process

2. To facilitate orderly analysis and reduce the likelihood the agency will leap randomly from evidence to conclusions

3. To serve a public relations function by helping to persuade parties that administrative decision-making is careful, reasoned, and equitable.

4. To enable parties to determine whether and on what basis they should ask for judicial review and remedies.

5. To apprise the reviewing court of the basis of the agency’s decisions.

Evidence in the Record to Support Findings
There must be evidence in the record to support the findings. Evidence may consist of staff reports, written and oral testimony, the EIR, exhibits and the like.

Boilerplate findings or findings that do not recite specific facts upon which the findings are based are not acceptable. Similarly, in Honey Springs Homeowners Ass’n v. Board of Supervisors, 157 Cal. App. 3d 1122, 1151 (1984) a finding that is made “perfunctorily” and “without discussion or deliberation and thus does not show the …analytical route from evidence to finding will be struck down”.

In summary, there is no presumption that a city’s rulings rest upon the necessary findings and that such findings are supported by substantial evidence. Rather, cities must expressly state their findings and must set forth the relevant facts supporting them.

Findings in the Administrative Report
Findings are referred and attached to the Administrative Report of all public hearing items (see also Chapter 11 The Administrative Report). These include findings for the environmental document or exemption, consistent with the as requirements by the California Environmental Quality Act. The other findings are related to the San Mateo Municipal Code and the findings required for certain types of planning approvals: Site Plan and Architectural Review, Site Development Permit, Special Use Permit, etc.

In some cases (this is rare), alternative findings are provided should you wish to take an action different than that recommended by staff. Alternative findings are usually provided for projects which involve substantial public controversy and/or have a relatively equal potential of being approved or denied.

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If alternative findings are not provided as part of the Administrative Report, staff can normally craft findings for an action different than that recommended by staff, based on statements made by the Planning Commission. However, these statements must relate to the specific findings for the requested applications.

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Chapter 9 – CONDITIONS OF APPROVAL
Legal Authority to Impose Conditions of Approval
Conditions of approval (“conditions”) are required of most planning applications (PA’s). These conditions are made part of the Administrative Report (AR) that staff sends to the Planning Commission on every item scheduled for hearing. The authority to impose conditions is derived from several different sources:

State and local requirements – For example, conditions of approval that require automatic irrigation of landscape areas are based on sections of the zoning code that require this type of irrigation. These types of requirements would be mandatory, whether they are listed as a condition or not, since they are required by the San Mateo Municipal Code (of which the Zoning Code is a part). These requirements are listed as conditions of approval to insure that the Planning Commission, applicant, public and City staff know what will be required should the project be approved.

Mitigation measures – These types of conditions are based on mitigation measures included in an environmental document prepared in compliance with the California Environmental Quality Act (CEQA).

Authority granted by state and local ordinance – For example, the City’s zoning code does not have standardized hours of operation for car washes, although they do require a Special Use Permit to be reviewed and approval by the Planning Commission. However, the zoning code does require a finding that the proposed special use “will not cause injury or disturbance of adjacent property”. As a result, the Planning Commission could limit the hours of operation if the Planning Commission found that the reduction in hours “would prevent injury or disturbance of adjacent property” by reducing noise impacts late at night and subsequently impose a condition to that effect.

Design guidelines - There are a number of design guidelines that the City of San Mateo has adopted by resolution. These guidelines may provide the basis for conditions of approval related to design. For example, a single family dwelling second story addition may have a condition added requiring a reduction in the roof pitch, if the Planning Commission finds that such a requirement is necessary to conform with the City’s R1 design guidelines.

Timing of Conditions
The timing of conditions varies. Some conditions may need to be shown on the building permit plans and subsequently verified in the field. Other conditions may relate to the construction phase of the project. There are also use related conditions which are required to be adhered to for the entire life of the project.

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The timing of all conditions is included in the conditions list attached to the AR. For example, a number of conditions would be grouped under the following heading:
“The following conditions shall be addressed on the construction plans submitted for any BUILDING PERMIT and/or SITE DEVELOPMENT PERMIT and/or shall be met prior to the issuance of said permit(s).”
This heading indicates that conditions need to be shown on the building permit drawings. The condition would subsequently be verified during field inspection. The Planning Division standard condition regarding “true divided light” would fit under this heading.

Another example of condition timing would be those conditions related to construction activities:
“The following conditions shall be complied with AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT.”
This heading includes conditions related to construction, such as the need to provide construction worker parking, designation of truck haul routes, and indicating permitted hours of construction.

The above two examples illustrate the range of timing used to check adherence with conditions of approval. There are a number of such headings; you can check the conditions of approval attached to each AR to find out what the timing for implementation of each condition.

Who is Responsible for Implementing Conditions?
Each condition of approval will include a City department or division responsible for implementation of the condition. The responsible City department or division is noted in (parenthesis) at the end of the condition. A couple of examples:

SEWER CLEAN-OUT - The applicant shall install a standard sewer lateral clean-out in accordance with City Standard Drawing No. 3-1-101. (PUBLIC WORKS) FIRE ALARM SYSTEM – This structure will be required to be provided with a Fire Alarm System in accordance with the California Fire Code Section 1007. Separate application and permits are required to be obtained by a contractor licensed to perform such work. (FIRE) In these two instances, the Public Works Department and Fire Department, respectively, are responsible for implementation of the condition of approval.

Mitigation Measures as Conditions
As noted in Chapter 6, The California Environmental Quality Act, mitigation measures identified in environmental documents may allow a Negative Declaration to be prepared instead on an Environmental Impact Report (EIR), and are also used as a basis for findings when approving an EIR that identifies mitigation measures.

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As a result, those conditions which are derived as mitigation measures cannot be changed without first examining whether it affects the validity of the environmental document. For example, if a mitigated Negative Declaration is prepared, contingent upon a mitigation measure requiring signalization of a poorly performing intersection, eliminating the condition which requires this signalization would likely result in a significant, unmitigated impact, and would require an EIR to then be prepared.

All mitigation measures included as conditions are marked with an asterisk*. Additionally, the following language is provided at the end of the conditions list:
* MITIGATION MEASURE - This measure mitigates adverse environmental effects identified in the environmental document. A change in the condition may affect the validity of the current environmental document, and a new or amended environmental document may be required.

Legal Considerations in Imposing Conditions
The City must have a legal authority to impose any conditions of approval, as noted above (see “Legal Authority to Impose Conditions of Approval” at the beginning of this chapter).

Conditions of approval requiring payment of a fee, dedication of land, or funding of a public improvement are often referred to as “exactions”. Both the California Supreme Court and the United States Supreme Court have long held that the regulation of land use, including requirements for exactions and imposition of conditions, does not constitute a “taking” of property if the regulation substantially advances a legitimate governmental interest and does not deny the property owner economically viable use of the land.

For conditions imposed pursuant to City Standards of uniform applicability, courts have also held that cities may impose conditions on development so long as the conditions are reasonable and there exists a sufficient legal nexus (connection) between the condition as imposed and the burden the proposed development will place on the community.

For ad hoc conditions, courts will consider both whether there is a “reasonable relationship” and whether the exaction is roughly proportional” to the impacts of the proposed project.

There is no single, precise rule that is applied by the courts to determine whether or not a dedication or fee condition is reasonable and thus valid. Rather, the courts use an ad hoc analysis and look at the facts of each individual case.

Two court cases help to illustrate the concepts of “nexus” and “rough proportionality.” Nollan v California Coastal Planning Commission (1987) – “Reasonable Relationship” In this case, the California Coastal Planning Commission approved the construction of a two-story beach house, subject to the condition that the owners dedicate a public access easement across a portion of their property along the beach. The easement purportedly was required to assist the public in viewing the beach and in overcoming a perceived “psychological barrier” to using the beach.

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The owner challenged the easement, claiming that the condition violated the Fifth and Fourteenth Amendments’ prohibition against taking private property for public use without just compensation.

The Court held that, although protection of the public’s ability to see the beach was a legitimate governmental interest, no nexus or connection existed between the identified impact of the project (obstruction of the ocean view) and the easement condition (physical access across a beach.

Therefore, the exaction constituted a taking of private property without just compensation. The Court did, however, state that requiring the dedication of a viewing spot on the Nollan property might have been legal since there would be a nexus.

The Nollan Court stressed the importance of a nexus or connection between the dedication condition and the burden being imposed by the new development. Since the Court found that no such nexus or connection existed, the decision to impose a condition requiring a public access easement was not a proper land use decision, and therefore amounted to an unconstitutional taking of property.

Dolan v City of Tigard (1994) – “Rough Proportionality” Florence Dolan owned a store located in the business district of Tigard, Oregon along Fanno Creek, which flows along a boundary of the property. Her proposed plans called for nearly doubling the size of the store and paving a 39-space parking lot.

The Planning Commission granted Dolan’s permit application with a condition that she dedicate the portion of her property lying within the 100-year flood plain for improvement of a storm drainage system along Fanno Creek, and that she dedicate an additional 15-foot strip of land adjacent to the flood plain as a pedestrian/bicycle pathway. The Planning Commission made a series of findings concerning the relationship between the dedicated conditions and the projected impacts on the Dolan property.

After appeals to the Tigard Land Use Board of Appeals, court hearings with the Oregon Court of Appeals and the Oregon Supreme Court, the case reached the United States Supreme Court.

In a 5-4 decision, the United States Supreme Court held for the first time that, in making an adjudicative decision, a city must demonstrate “rough proportionality” between the conditions to be imposed on a development permit and the development’s impact.

The Court reviewed the two required dedications and found that the city had not met its burden. After analyzing the findings upon which the city relied, the Court stated that the city had not shown the “required reasonable relationship” and “rough proportionality” between the floodplain easement and petitioner’s proposed new building.

Noting that the Dolan’s project would have increase the amount of imperious surface, which in turn would increase storm water runoff, the Court determined that the City could have required that Dolan simply keep the area open rather than requiring complete dedication.

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Also, the court said “on the record before us, the city has not met its burden of demonstrating that the additional number of vehicle and vehicle trips generated by the petitioner’s development reasonably relate to the city’s requirement for dedication of pedestrian/bicycle easement.” Planning Commission Considerations
City staff reviews all conditions of approval as well as all enabling resolutions and ordinances to insure that all constitutional tests are being met; this involves coordination with the City Attorney’s office on a continual basis. All conditions forwarded to the Planning Commission are those which City staff find fully meet all constitutional requirements and reflect recent case law, including Nollan and Dolan as well as many others.

Should questions regarding conditions arise at a Planning Commission meeting, they should be directed to staff for an appropriate response.

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Chapter 10 – THE ADMINISTRATIVE REPORT
An Administrative Report (AR) is provided to the Planning Commission for virtually every public hearing or study session item on the agenda. The AR’s for upcoming Planning Commission meetings are hand delivered to the Planning Commission on the Thursday before the Tuesday meeting. For example, the AR’s for items on the August 12, 2003 Planning Commission agenda will be delivered on Thursday, August 7.

This chapter will describe the basics of an AR, and its use by the Planning Commission.

Administrative Report Contents
Typical Administrative Reports include the following:

Title Block - At the top of the first page you’ll find the date of the meeting, the agenda item number and the name and address of the planning application (PA). In addition, email address and telephone number of the project planner is listed; you can contact that person (or the Chief of Planning) directly should you have any questions about the AR. The title block looks like this:

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Recommendation – The planning staff’s recommendation will be included in this section.

Should you wish to follow the recommendation, you can read the italicized portions of the recommendation verbatim:

Recommendation:

That the Planning Commission approve the proposed project by making the following motions:

1. Approve the Revised Mitigated Negative Declaration assessing environmental impacts based upon the Findings contained in Exhibit A.

2. Approve the Site Plan and Architectural Review for the construction of a new five story mixed-use development; the Tentative Map for the merger of 8 lots and the delineation of 54 condominium units; and the Special Use Permit to allow 13,100 square feet of ground floor office space within the C1 zone, based upon the Findings and Conditions in Exhibits A and B.

Background – This section will describe the project site: square footage, zoning, location, unique features etc. It will also generally describe the surrounding area. A project description will also be provided: how many buildings, what size, how tall, proposed land use, number of parking spaces, landscaping proposed, etc.

Issues – This portion of the AR will address all the significant issues related to the project. This section could include discussions of: parking, building design, traffic, tree removal, hours of operation, etc. These issues vary from project to project, depending upon its type, size and location.

Exhibits – These are referenced at the end of the AR and are usually stapled or paper clipped to the AR. These exhibits almost always consist of the following:

Findings. These are usually attached as Exhibit A. This exhibit includes findings for the environmental document or exemption, consistent with the requirements of the California Environmental Quality Act. The other findings are related to the San Mateo Municipal Code findings required for certain types of planning approvals: Site Plan and Architectural Review, Site Development Permit, Special Use Permit, etc.

Conditions. These are usually included as Exhibit B. These conditions may include mitigation measures implemented pursuant to CEQA; these mitigation measures are marked with an asterisk*.

In some cases (this is rare), alternative findings are provided should you wish to take an action different than that recommended by staff.

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Attachments - These items provide background information for making a decision. Some of the common attachments include:
• Project plans (reduced size). Full size plans are also forwarded to the Planning Commission. • Vicinity map.
• Factual data sheet.
• Environmental document (this may include special studies, such as a traffic study). • Other consultant reports.
• Letters from the public.

Items Not Included as Part of the Administrative Report Items submitted after the packets are delivered are faxed and also left at your places the night of the meeting. These items are usually letters from the public. In some cases they may include a memo from staff correcting or clarifying information in the previously distributed Administrative Report.

More About the Planning Staff Recommendation
In the vast majority of instances, staff is recommending approval of projects brought before the Planning Commission. This is the result of planning staff working with the applicant to insure that all city codes, policies, regulations and guidelines are met. In addition, some cases require that staff insure all previously identified public and Planning Commission issues have been addressed. This sometimes involves the staff facilitating and mediating discussions between the applicant and neighboring property owners. Some applications are in a form that allow staff to recommend approval of the initial submittal, while others may require meetings with the applicant and plan revisions in order to allow staff to make the mandatory findings required for project approval.

Denial is sometimes, although very infrequently, recommended. However, in some cases, alternative findings for approval, as well as conditions of approval are also forwarded as part of the Administrative Report. These items are included because staff finds that a case can be made for project approval, albeit not as compelling a case as can be made for the staff recommendation.

In rare instances, denial is recommended and no alternative findings and no conditions of approval are included. This is the case when staff has met with the applicant to discuss plan revisions, and the resulting plans clearly do not meet the applicable city codes, policies, regulations and guidelines. This is unusual; this approach is only used when the applicant is has repeatedly been unwilling to make project revisions which would allow staff to make the mandatory findings for approval, even as an alternative motion (as mentioned above).

Should the Planning Commission wish to approve such a project, which is entirely within the Planning Commission’s authority, staff will take comments made by the Planning Commission and prepare

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alternative approval findings and conditions of approval, normally for adoption at a subsequent meeting.

Sources:
1997 Planning, Zoning and Development Laws, Governor’s Office of Planning and Research, 1997 Alaska Planning Commission Handbook, Department of Community and Economic Development Municipal and Regional Assistance Division, Pat Poland, Director, Project Manager: Peter Freer, Local Government Specialist V
Curtin’s California Land Use and Planning Law 2002 (Twenty Second) Edition, Daniel J. Curtin Jr., Cecily T. Talbert, 2002
The Planning Commissioner’s Handbook, League of California Cities, 1995 CEQA – California Environmental Quality Act, Statutes and Guidelines, Governor’s Office of Planning and Research, 1997

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APPENDICES

Chapter 2.24

PLANNING COMMISSION

Sections:

2.24.010 Organization.

2.24.020 Duties.

2.24.010 ORGANIZATION. The Planning Commission heretofore appointed constitutes the Planning Commission of this city. It shall consist of five voting members and one ex officio member.

The five voting members shall be selected by the City Council and shall hold office for a term of four years, or until their respective successors shall have qualified. Each such member shall have one vote in the deliberations of the Planning Commission. The ex officio member shall also be a member of the City Council, shall be chosen by it, and shall hold office until his successor has qualified, but shall not be entitled to vote in the deliberations of the Planning Commission. (Ord. 1989-18 § 20, 1989; prior code §

10.74).

2.24.020 DUTIES. The duties of the Planning Commission shall consist of the following:
(1) It may adopt, establish and amend official master plans and portions thereof and compositions thereof;
(2) It may prepare, adopt and record precise street plans; it may control the construction of buildings within lines of streets shown on such precise street plans; (3) Such other duties as are now or may hereafter be designated by state statutes, city ordinances, or this code. (Prior code § 10.75).

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CHARTER OF THE CITY OF SAN MATEO, CALIFORNIA
Adopted by vote of the People: November 3, 1970
Ratified by Legislature – Resolution Chapter 10 – Statutes of 1971 Filed with Secretary of State – January 19, 1971
Amended – June 4, 1974 (Sec. 7.01)
Amended – November 5, 1974 (Sec. 2.01, 2.18)
Amended – November 4, 1980 (Sec. 2.03, 5.05, 5.07)
Amended – April 5, 1983 (Sec. 2.01, 2.09, 7.01, 8.06)
Amended – June 7, 1988 (Article X, Sec. 10.01, 10.02)
Revised – November 4, 2002 (Charter Chapter 66 - 2002 Statutes)

ARTICLE VI - BOARDS AND PLANNING COMMISSIONS
Section No.

6.01 Library Board of Trustees. Powers and Duties

6.02 Library Fund

6.03 Library Board of Trustees. Appointment, Removal, Terms

6.04 Planning Commission. Other Boards and Planning Commissions

6.05 Composition. Qualifications. Terms and Limits of Terms

6.06 Payment of Expenses. Prohibition of Compensation

6.07 Appropriations for Boards and Planning Commissions

6.08 Removal from Office. Vacancies

6.09 Special Committees. Limitations

6.10 Ex Officio Members

6.11 Power of Subpoena. Limitations

6.12 Declaration of Policy. Citizen Participation

Section 6.04. PLANNING COMMISSION. OTHER BOARDS AND PLANNING COMMISSIONS.

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In addition to the library board of trustees there shall be a Planning Commission which shall have the powers and duties from time to time provided by law or by ordinance.

There shall also be such other boards and Planning Commissions as may from time to time be established by ordinance adopted by the City Council or approved by the people. Except as may otherwise be provided by this Charter, or ordinance of the City Council or ordinance approved by the people, all such other boards and Planning Commissions now or hereafter established shall be for advisory purposes only to the City Council, the city manager, or to departments within the city. A board or Planning Commission shall be considered to be advisory even if it is authorized to take final action subject to appeal to the City Council.

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CITY OF SAN MATEO PLANNING COMMISSION

BYLAWS AND RULES OF PROCEDURE

BYLAWS AND RULES OF PROCEDURE
Of the

CITY OF SAN MATEO

PLANNING COMMISSION

Adopted November 12, 1968
Amended January 17, 1978
Amended February 22, 1982
Amended June 24, 1985
Amended December 9, 1986
Amended November 13, 2001

CHAPTER 1

RULES OF THE PLANNING COMMISSION

A. MEETINGS

1. Regular public hearing meetings of the Planning Commission shall be held on the second and fourth Tuesdays of each month in the San Mateo City Council Chambers at 7:30 p.m.

Meetings may be held at such other locations and times as may be determined, so long as the meeting agenda is properly posted as listed in Section D. All meetings shall be open to the public. Study meetings may be held at other times at the discretion of the Planning Commission.

2. Items for public hearing may be considered at other meetings provided adequate notice has been given as required by law or ordinance.

3. A quorum for conducting the business of the Planning Commission shall be three of the voting members of the Planning Commission, and official actions may be taken by a

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majority of the voting members present at any meeting unless a larger number if required by law, ordinance, or other provisions of these bylaws.

4. The Chair of the Planning Commission, with the consent of the Planning Commission, shall be responsible for the procedure and conduct of all meetings, and may for special problems in procedure follow the rules of parliamentary practice as set forth in Robert’s Rules of Order.

B. ELECTION AND TERMS OF OFFICE

1. The Planning Commission shall, at the first meeting of June of each year, elect from among its members, a Chair and a Vice-Chair. Election shall be held provided that not less than four Planning Commission members are present.

2. The officers shall hold office for one year, commencing in June or until their successors are elected.

3. In case of any vacancy in office, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. Persons so elected shall serve the balance of the term. Election shall be held provided not less than four Planning Commission members are present.

4. Election shall be open ballot, with ballots cast separately for each office. Balloting for Vice- Chair shall follow election of the Chair. In each case, the Planning Commission member with the highest number of votes shall be declared elected.

5. In the case of the absence of, or the inability to act of the Chair and the Vice-Chair, the members present at any meeting shall, by an order entered in their minutes, select one of their number as Chair pro-tem to serve for that meeting.

C. DUTIES OF OFFICERS AND STAFF

1. Chair: The chair shall preside at all meetings of the Planning Commission. The Chair may call a special meeting of the Planning Commission when the Chair deems appropriate. The Chair shall, with the consent of the Planning Commission, have the power to represent the Planning Commission, establish practices for the conduct of Planning Commission business, appoint committees or do such other things as are necessary to accomplish the purpose of the Planning Commission and carry forward its responsibilities to the City Council and citizens of the City of San Mateo.

2. Vice-Chair: In the event of the absence of the Chair or of his inability to act, the Vice-Chair shall perform the duties of the Chair.

3. Director of Community Development: The Director of Community Development or designee shall be the Administrative Secretary of the Planning Commission and shall

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maintain minutes of the meetings and records of hearings and official actions and read correspondence received from interested citizens. The Administrative Secretary shall:
a. On all official actions for which a specific number of votes is required by local or state legislation, show the vote of each member, absences, and abstentions. b. Certify all official documents and resolutions of the Planning Commissions. c. Report to the Planning Commission on procedural matters pertaining to items before the Planning Commission.
d. Examine incoming mail for proper referral and answer correspondence for the Planning Commission.
e. Maintain official records.
f. Perform such other duties as may be assigned by the City Manager or by the Planning Commission with the concurrence of the City Manager.

D. MEETING AGENDA

1. At least 72 hours before each Planning Commission meeting, the Administrative Secretary or designee shall post an agenda with a brief general description of each item of business to be transacted or discussed at the meeting together with the time and location of the meeting. The agenda shall be posted in a location that is freely accessible to the public, to be determined by the Administrative Secretary. The Administrative Secretary or designee shall sign a declaration at the time and place of posting.

2. At least 24 hours before each Planning Commission meeting, a notice specifying the time and place of the special meeting and business to be transacted shall be posted in a location that is freely accessible to the public and shall be delivered personally or by mail to each member of the Planning Commission and to any other local newspaper of general circulation, radio, or television station requesting notice in writing. In the event notice is given less than 48 hours in advance of the meeting, it shall be delivered personally and not mailed. The Administrative Secretary or designed shall sign a declaration of the time and place of posting and delivery.

3. The order of business for regular meetings of the Planning Commission shall be as follows:
a. Pledge of Allegiance
b. Roll Call
c. Approval of Minutes
d. Public Comment
e. Public Hearing Items

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f. Study Items
g. Communications / Announcements
h. Other Business of the Planning Commission
The Chair of the Planning Commission shall have the discretion to change the order of items on the Planning Commission’s agenda.

4. During the “Public Comment” period, members of the public shall be given an opportunity to speak on all items within the Planning Commission’s jurisdiction, including non-public hearing agenda items. The Chair shall determine whether the matter is within the Planning Commission’s jurisdiction. Public testimony on public hearing items will be taken during the public hearing and not during the public comment period. Each member of the public may speak for a maximum of three minutes, with a maximum of fifteen (15) minutes of the entire Public Comment period. If no member of the public wishes to speak, then no time shall be reserved for public comment. If more members of the public wish to speak than can be accommodated with the fifteen minutes period, an additional public comment period, not to exceed fifteen (15) minutes, may be scheduled after all other Planning Commission business has been completed.

5. At a special meeting, the Planning Commission may consider only that business shown on the notice of the special meeting.

6. At a regular meeting, the Planning Commission may take action only on items shown on the posted agenda, unless the Planning Commission takes one of the following actions:
a. Determination by a majority vote of the Planning Commission that an emergency situation exists, including work stoppage or crippling disaster which severely impairs public health, safety, or both.
b. Determination by a two-thirds (2/3’s) vote of the Planning Commission, or by a unanimous vote if less than two-thirds (2/3’s) of Planning Commission members are present, that the need to take action arose after the agenda was posted. c. Determination by a majority vote that the matter was included on a properly posted agenda for a Planning Commission meeting occurring not more than five calendar days before, and at the prior meeting the item was continued to this meeting.

7. The Planning Commission shall not act or discuss any matters raised during the public comment period which are not on the agenda, but shall refer such matters to staff for review and/or place such matters on a future agenda.

E. PUBLIC HEARINGS
The public is permitted to speak on public hearing items subject to the following conditions:

1. The Chair may limit the amount of time allotted to speakers.

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2. Members of the public may only speak when recognized by the Chair.

3. Questions from the public, an applicant, or an appellant will be answered by staff at the direction of and through the Chair and not directly to the questioner.

4. Applicants, appellants, and members of the public who wish to speak on an item shall fill out a card showing their name and address and deliver it to the staff. a. The following order shall be followed in the conduct of public hearings:
1) Staff presentation
2) Planning Commission questions of staff
3) Presentation by applicant
4) Planning Commission questions of applicant
5) Presentation by appellant, if applicable
6) Planning Commission questions of appellant, if applicable 7) Open public hearing for comments
8) Final comments by applicant and/or appellant
9) Further Planning Commission questions of staff, public, appellant, or applicant 10) Closing of public hearing
11) Planning Commission discussion and decision
F. DEADLINE FOR PLANNING COMMISSION CONSIDERATION
Consistent with City Council policy, no new items shall be introduced after midnight.

G. CANCELLATION OF MEETING
Where there is no business to be transacted at a regular meeting, the meeting may be cancelled by the Chair or by vote of the Planning Commission taken at a regular meeting of the Planning Commission.

Before determining that there is no business, the Chair shall attempt to contact each Planning Commissioner to determine if they have any business for the meeting.

H. ADOPTION
Upon adoption of these bylaws by a majority vote of the Planning Commission of the City of San Mateo, they shall become effective.

I. AMENDMENTS
These bylaws may be amended by the Planning Commission at any regular meeting by a majority vote provided not less than four Planning Commission members are present.

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BOARDS AND PLANNING COMMISSIONS: RULES AND PROCEDURES
Resolution No. 106 (1982)

PURPOSE
To better assure the continuity of various practices relating to the City's miscellaneous boards and Planning Commissions.

POLICY

1. APPOINTMENTS AND INTERVIEWS:

Information as to vacancies on Boards and Planning Commissions shall be given broad dissemination and applications shall be accepted for vacant positions for a three-week period following the announcement of the vacancy.

Interviews of qualified applicants shall be held by the City Council prior to appointment. It is possible that the City Council may not interview all qualified applicants.

2. ADVICE AND REPORTS TO THE CITY COUNCIL:

The primary purpose of Boards and Planning Commissions is to provide advice to the City Council to aid it on its decision-making process. It is therefore inappropriate for a Board or Planning Commission, or members thereof, to criticize or attempt to change a City Council decision reached after due consideration of the matter.

Boards and Planning Commissions shall submit their recommendations in writing accompanied by the reasons for the recommendations.

Boards and Planning Commissions shall provide quarterly reports to the City Council on matters of interest considered by the Board or Planning Commission during the previous quarter.

3. ACTION TAKEN BY BOARDS AND PLANNING COMMISSIONS:

Although there are a number of items that come before the Boards and Planning Commissions that do not necessitate any formal motion and approval of that motion, when the Board or Planning Commission is developing a recommendation for City Council consideration, it should be formalized by passing a motion. This will help to ensure that the City Council clearly understands the recommendation or decision provided by the Board or Planning Commission.

4. REVIEWING TAPES OF MEETINGS; ABSENT PLANNING COMMISSIONERS:

In those cases where items have been discussed at meetings and will be coming back to the Board or Planning Commission for further action in the future, any Planning Commissioner who was unable to attend the meeting should arrange to listen to the tape recording of the meeting that they missed. In

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those cases where the Planning Commissioner is unable to listen to the meeting tape in advance of the need to take action at a subsequent meeting, they should abstain from discussion and voting on that particular item. Failure to review the information that had been presented at an earlier meeting handicaps the ability of a Planning Commissioner in trying to make a decision based on only a portion of information available at a subsequent meeting.

5. REQUEST FOR ADDITIONAL INFORMATION -MAKE IN ADVANCE:

In those cases where a Planning Commissioner receives information on agenda items and feels there is a need for additional information, he or she should make that request of Staff in advance of the meeting. Requesting information in advance of the meeting provides Staff with time to attempt to develop the requested information, and include it in their Staff presentation to the Planning Commission.

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WELCOME!
For those members of the general public who are attending their first Planning Commission meeting, the following general information is offered.

Planning Commissioners are appointed by the City Council and serve, without pay, for a four-year term. The Planning Commission acts under the policies and ordinances of the City Council. Your presence and participation are important toward furthering an informed and responsible government

HEARINGS
Meetings are held on the 2nd and 4th Tuesdays of each month. The public hearings begin at 7:30 p.m. in the City Council Chambers. (Note: Special meetings are occasionally scheduled and the public is invited to these meetings). Anyone wishing to address the Planning Commission is asked to give their name and address, in writing, to the Recording Secretary. Forms for this purpose are available at the public microphone and from the Recording Secretary. Agendas for each meeting are available in the lobby and on the city website.

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PLANNING COMMISSION MEETINGS
Prior to hearing the first agenda item, the Planning Commission will hold a Public Comment Period for persons wishing to speak on any subject not on the agenda.

After the Public Comment Period, the Planning Commission will hear the first item listed on the agenda. All items head by the Planning Commission follow the procedure below:

1. The Planning Commission Chair announces the item to be heard.

2. Staff presentation. City staff makes a presentation. After the presentation, Planning Commissioners may ask questions of staff.

3. Applicant presentation. Project applicant makes a presentation. After the presentation, Planning Commissioners may ask questions of the project applicant.

4. Public Hearing: The Planning Commission Chair opens the public hearing. a. Speakers. If you wish to speak, please fill out a “Request to Speak” form available in the front of the City Council Chambers. Give it to the Recording Secretary. Your name will be called in the order received. Please use the microphone at the front of the City Council Chambers and state your name and address for the public record. b. Number of Speakers: If you agree with the points made by the previous speaker, you may so elect to have a spokesperson for your group.
c. Previously submitted materials. The Planning Commission reviews all letters, emails and correspondence from the public. All of these items are part of the public record.

The Planning Commission is interested in hearing your comments, but it is not necessary to read your correspondence, verbatim, into the record. You may choose to summarize your major points.
d. Courtesy. Please do not clap, cheer, interrupt, whistle, etc., neither for or against testimony that is being presented, as the Planning Commission wishes to extend courtesy to all speakers. Please also set cell phones & pagers to vibrate before the meeting begins.

5. Public Hearing Closed. After all members of the public have had an opportunity to speak, the Planning Commission Chair will close the public hearing. AT that time, testimony is limited to the Planning Commission and City Staff. However, on occasion, the Planning Commission may recall the applicant to answer questions.

6. Planning Commissioner Comments. After all Planning Commission questions have been answered, the Planning Commission will deliberated and render a decision. Some decisions are final with the Planning Commission unless appealed to the City Council, other decisions are recommendations to the City Council for their consideration at a future City Council hearing.

The Chair will announce the type of decision after the vote is taken. Please note: “study

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session” items are for discussion purposes only, no vote is taken; instead comments are given back for consideration and subsequent plan revision before the project comes back repeating comments. You may also elect to have a spokesperson for your group.

The Planning Commission conducts the meeting according to the By-Laws adopted by the Planning Commission. Planning Commission Agendas and materials can be downloaded from the website at:
www.cityofsanmateo.org/index.asp?NID=1927.

INFORMATION ON PLANNING COMMISSION VOTES – Feb 2009
Here are the instances in which being short one PC member will affect PC actions:
1) As you probably remember, if there is a 2-2 split on a vote, it will constitute “no action” which equates to denial of the application.
2) For Housing Element and General Plan recommendations to the City Council, there will need to be an affirmative vote of not less than a majority of the PC’s total membership (e.g., three “yes” votes will be required to make the recommendation). (Gov. Code sections 65354, 65356.) Let me know if you have any follow-up questions. Thanks Gabrielle Whelan
Assistant City Attorney
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
(650) 522-7020 (office)
(650) 522-7021 (FAX)
[email protected]

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Boards and Commissions
Rules and Procedures
Adopted on August 17, 2015
by Resolution No. 82 (2015)
Amended by Council Action on:

January 17, 2017, April 17, 2017, April 16, 2018, May 21, 2018, and May 3, 2021, and September 6, 2022
Attachment 3

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4 City of San Mateo, Boards and Commissions Rules and Procedures Table of Contents
Chapter 1. Purpose and Overview .............................................................................................3 Chapter 2. Commission Authority..............................................................................................4 Chapter 3. Duties .......................................................................................................................7 Chapter 4. Selection of Chair and Vice Chair ...........................................................................10 Chapter 5. Commissioner Conduct ..........................................................................................11 Chapter 6. Meetings ................................................................................................................12 Chapter 7. Meeting Agendas ...................................................................................................17 Chapter 8. Financial Matters....................................................................................................19 Chapter 9. Communication ......................................................................................................23 Chapter 10. Boards and Commissions Selection Process...........................................................27 Chapter 11. References..............................................................................................................29

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4 Chapter 1. Purpose and Overview
This manual describes the way the City of San Mateo’s Boards and Commissions do their business. It is a compilation of all Board and Commission (hereafter referred to as “Commission” for the sake of brevity) rules and procedures that have been formally adopted by Council Resolution. These Rules and Procedures supersede individual Commission bylaws.

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1 2
4 Chapter 2. Commission Authority

1. Commission Authority, Generally
A. The primary role of City commissions is to increase public input and participation in the determination of City policies and some programs.

B. The specific role of a City commission is to review and make recommendations to the City Council on matters within its scope of responsibility as defined in the Charter or Municipal Code. The commissions isare basically a citizen’s advisory arm of the City Council, although certain commissions, such as the Planning Commission, may take final actions in certain prescribed areas.

C. Most importantly, the commission serves as a vehicle for public input into City programs and policies referred to it by the City Council or brought to its attention by staff.

D. The commission also serves to reduce the reevaluation of these matters before the City Council.

E. On the specific matters referred to it by the City Council, the commission serves as the principal reviewing body of the City.

F. Commissions adhere to the City Council’s policies on the programs under their scopes of interest.

G. Commissions serve to represent the general interests of the entire City and not specific program areas or specific interest groups.

H. Commissions are encouraged to express their views on issues, projects, or policies brought to them by the City department.

H.I. As further described below, the Planning Commission has a distinct role with the City in that it makes decisions and recommendations to the Council on land use matters. These include development applications submitted by project proponents.

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4 3. Revisions to these Rules
The Council shall review and revise these Rules as needed.

A. Library Board:

The Library Board oversees the Library department’s policies and accepts in the name of the City money, personal and real property donated for Library purposes.

B. Personnel Board:

C. Community Relations Commission (CRC):

D. Park & Recreation Commission:

E. Planning Commission:

The Planning Commission hears requests and makes decisions and recommendations on land use projects. This body also items as well as recommends elements of the General Plan and additions or policy changes to the City’s zoning code Council.

F. Senior Citizens Commission:

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4 The Senior Citizens Commission encourages, fosters, and facilitates programs for the enhancement of all matters relating to the social, economic, and personal well-being of the senior population.

G. Sustainability and Infrastructure Commission
The Sustainability and Infrastructure Commission was established in 2018, consolidating the Public Works Commission and Sustainability Commission into one commission. It is the duty of the Sustainability and Infrastructure Commission to advise on policies and programs related to environmental sustainability, transportation and infrastructure.

H. Investment Advisory Committee (IAC):

The IAC serves as an administrative advisory committee to the City Manager. The IAC provides added insight and an independent perspective on the City’s investment policies and practices.

I. Youth Activity Council (YAC):

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4 Chapter 3. Duties

1. Duties of the Chair
A. All City commissions elect a presiding officer, known as a chairperson for a one- year period.

B. The Chair sets the tone for the entire meeting.

C. To conduct meetings of the Commission as its chairperson efficiently:

1. Ensure that consideration of items on the agenda move along without delay.

2. Ensure that petitioners, proponents, and opponents are heard but not allowed to disrupt the meeting.

3. Ensure that decorum is maintained at the meeting.

4. In presiding over matters where the public has provided testimony and/or raised questions, the Chair should:
a. Restate the question coming before the Commission.
b. Direct questions or comments requiring a response to staff for a response.
c. Ensure that staff and members of the public direct their comments to the chair.
d. If necessary, hHelp keep Commissioner comments and questions relevant to the matter being considered by the Commission, and schedule non-agenda topics for subsequent meetings, where necessary and if agreed upon by the Commission during Reports and Announcements.
e. If necessary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
f. Announce the decision of the Commission on all subjects.

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4 D. To correspond on behalf of the Commission, provided that opinions expressed on behalf of the Commission or City Government are consistent with the consensus of the Commission.

E. Nothing under the Chair’s duties shall limit any individual Commissioner’s ability to interact with members of the public.

2. Duties of Vice Chair
In the absence of the Chair from the Commission meeting, the Vice Chair shall possess all powers of the Chair and be subject to all prescribed duties for that position.

3. Duties of Commissioners
A. Arrive on time for all Commission meetings.

B. Review all meeting materials in preparation for Commission meetings.

C.E. Read, and use as a primary reference, the Institute for Local Government’s Planning Commission Handbook.

4. Duties of Staff Liaison
A. The liaison, an assigned City staff person, has the following responsibilities:

1. Create meeting schedules

2. Prepare meeting agendas and Agenda Reports

3. Notify the City Clerk of attendance problems, resignations, and members’ change of contact information.

4. Ensure that sufficient research and analysis has been performed by staff to allow an informed decision by the Commission.

5. Help facilitate and advise the Chair on meeting management.

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4 6. Ensure that all affected departments have an opportunity for input before bringing an item forward for commission consideration.

6.7. For the Planning Commission, arrange an annual joint meeting with the City Council.

B. The Staff Liaison, along with the City Clerk, is responsible for ensuring that appointed board/commission members are oriented about policies and procedures as they relate to the body.

C. All communications addressed to a specific Board or Commission are received by the staff liaison or their designee and relayed to the appointed body.

5. Duties of Administrative Staff
Each commission also has an administrative staff person (Staff Admin), who works with the Staff Liaison, to support the body. Their responsibilities are to:

A. Provide oversight of agenda preparation and its delivery to the full Commission and to the public.

C. Produce the action minutes for each meeting.

D. Provide annually a record of attendance of each commissioner to the City Clerk.

6. Duties of Council Liaison
A. Every year the Mayor will appoint Council Members to serve as liaisons to the City’s Boards and Commissions.

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4 Chapter 4. Selection of Chair and Vice Chair

2. Nomination of commissioners to serve as Chair and Vice Chair for the coming year can be made by any of the current commissioners in attendance.

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4 Chapter 5. Commissioner Conduct

1. Members shall:

A. put the community’s interests first at all times by making decisions with the interest of the community at-large in mind and avoid representing personal interests
B. treat each other, council members, staff, and members of the public with dignity, courtesy, and respect
C. not interrupt speakers, allow them to finish their presentation before asking questions
D. not engage in discussion with a member of the public during the meeting E. maintain confidentiality of all closed session materials and discussion F. be attentive to others, limiting interruptions and distractions G. encourage diverse viewpoints in debate while being mindful not to prolong discourse or block consensus
H. agree to respectfully disagree with colleagues
I. keep comments clear, concise, and on-topic
J. start and end meetings on time and work from the agenda J.K. determine whether to schedule a future agenda item for discussion and/or action, during Reports and Announcements, when non-agenda items are raised in the course of the meeting
K.L. present problems in a way that promotes discussion and resolution M. meet with the Council liaison to the Commission when requested.

L.N. Pay close attention to the meeting and limit the use of electronic devices while on the dais, except as necessary to access agenda materials or respond to urgent personal matters

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4 enhance their presence in the community by volunteering with local non-profits or assisting with community events and serving on special committees.

3. Commissioners are subject to all the provisions of the City’s Harassment and Discrimination Policy (#301).

Chapter 6. Meetings

1. All Commission decisions must be taken at Commission meetings. Before taking action the Commission may be informed by project applicants, interested members of the public, and City staff.

2. No business may be transacted by the commission at a regular or special meeting unless a quorum of the membership is present (50% plus one of those currently appointed).

B. The Boards and Commissions shall adopt a schedule of quarterly or more frequent meetings on an annual basis, which become the regular meeting dates.

C. Regular meeting dates may be amended with the approval of the Commission.

B.Special Meetings are called at a non-regular meeting date and time. They are called by the Chair or Commission with a minimum of 24 hours’ notice, versus 72 hours’ notice for regular meetings.

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4 D.Closed Sessions at the commission level would be very rare and would only occur at the direction of the City Attorney. The procedures for the conduct of the closed sessions shall be the same as those for open session meetings, except that the public, after allowance for public comment, will be excluded.

F.Adjourned Meetings due to Power Outages
In the event a quorum of the body loses electrical power or suffers an internet connection outage not corrected within 15 minutes, the meeting will be adjourned to a date certain. Any items noticed as public hearings will be continued to the next regularly scheduled meeting of the Commission. Any other agenda items the Commission has not taken action on will be placed on a future agenda.

6. The Chair, with the approval of a majority of the Commission, can change the order of hearing of items on the agenda.

C. Time Limits for public comment:

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4 1. Individual Speakers - 3 minutes

2. Organized group (in lieu of individual speakers) – up to 15 minutes for a group presentation, as many speakers as fit within the time allowance

3. The Chair may, at their discretion, limit the amount of time allotted to the speaker when needed.

3.4. The Chair shall manage public comments such that no individual speaker is allotted a disproportionate amount of time.

D. In-person members of the public are invited to speak at the lectern microphone, whenever available, to ensure all attendees can hear and so that the recording can be captured.

9. Appeals
A. Appeals are public hearings and will follow the order stated above with the following time allocations:

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4 1. Appellant – 15 min

2. Individual Speakers – 3 min

3. Rebuttal – 5 min

4. If the appellant is not the applicant, the applicant shall also have 15 minute presentation and a 5 minute rebuttal.

B. Any person that addressed the Commission during one of the fifteen-minute periods may not speak again during the public comment period for individual speakers on the appeal.

10. Items Considered after 11:00 p.m.

11. At 11 pm the Commission will determine with a majority vote or consensus whether to continue with an item or take up any unheard items.

12. Action Minutes
A. The City Council and all of its Boards and Commissions shall use Action Minutes to record the decisions of the body.

B. Action Minutes contain very little, if any, narrative content and do not capture details of public comment or Commissioner comments, questions and opinions.

Staff is responsible for producing the minutes. Commissioners may request correction only of factual errors when presented with the draft minutes. No supplemental materials may be appended to minutes.

C. Motions and votes are shown in the record, whenever applicable.

D. Media (audio/video) recordings will be used to provide a verbatim record of meetings and are kept as identified in the City’s Records Retention Schedule.

13. Conflict of Interest
A. The Political Reform Act (PRA), implemented and enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.

B. The other applicable law is Government Code §1090, which applies only to City contracts in which a public official has a financial interest.

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4 D. If the City Attorney is consulted on such a matter, the City Attorney shall provide their advice in writing, and shall provide a copy of their opinion to the Commission, the City Council, the City Manager, the affiliated Department Head, and the Staff Liaison.