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HomeMy WebLinkAboutPlanning Commission 2023-01-24 Agenda Packet Planning Commission Regular Meeting Tuesday, January 24, 2023, 7:00 P.M. AGENDA Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 or Participate Virtually: Watch on Webinar: https://tinyurl.com/PC-01-24-23 Watch on YouTube: http://www.youtube.com/cityofsanrafael Telephone: 1 (669) 444-9171 Meeting ID: 850 9475 9457# One Tap Mobile: US: +16694449171,,85094759457# CORONAVIRUS (COVID-19) ADVISORY NOTICE In response to Assembly Bill 361, the City of San Rafael is offering teleconference without complying with the procedural requirements of Government Code section 54953(b)(3). This meeting will be held in-person, virtually using Zoom and is being streamed to YouTube at www.youtube.com/cityofsanrafael. How to participate in the meeting in-person: • Stay home if you are experiencing COVID-19 symptoms • Face coverings are recommended for attendees • Use the sign-in sheet (optional) which allows notification of potentially exposed individuals if contact tracing reveals COVID-19 transmission may have occurred in a given meeting • Attendance will be limited to 50 percent of room capacity (no more than 90 persons) and all in- person attendees should socially distance as recommended by public health authorities. If the Chambers are 50% occupied, please participate online instead or utilize the audio feed in the lobby. • All attendees are encouraged to be fully vaccinated. How to participate in the meeting virtually: • Submit public comment in writing before 4:00 p.m. the day of the meeting to PlanningPublicComment@cityofsanrafael.org. • Join the Zoom webinar and use the 'raise hand' feature to provide verbal public comment. • Dial-in to Zoom's telephone number using the meeting ID and provide verbal public comment. Any member of the public who needs accommodations should contact the City Clerk (email city.clerk@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Members of the public may speak on Agenda items. CALL TO ORDER RECORDING OF MEMBERS PRESENT AND ABSENT APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES ORAL COMMUNICATIONS FROM THE PUBLIC Remarks are limited to three minutes per person and may be on anything within the subject matter jurisdiction of the body. Remarks on non-agenda items will be heard first, remarks on agenda items will be heard at the time the item is discussed. CONSENT CALENDAR The Consent Calendar allows the Commission to take action, without discussion, on Agenda items for which there are no persons present who wish to speak, and no Commission members who wish to discuss. 1. Approval of the Planning Commission Meeting Minutes of November 29, 2022 Recommended Action – Approve minutes as submitted 2. 905 Irwin Street: Certificate of Appropriateness PLAN 22-164, CA22-001 Acceptance by the Planning Commission of a Certificate of Appropriateness issued for proposed alterations to an historical landmark/historic landmark district (French Quarter). Project Planner: Renee Nickenig Renee.Nickenig@cityofsanrafael.org Recommended Action – Accept Certificate of Appropriateness ACTION ITEMS 3. Annual Meeting 2023 P23-002 Annual Meeting of Planning Commission for 2023 to include: a) review of 2023 Planning Commission Meeting; and b) election of officers; and c) review of Planning Commission “Rules and Procedures”; and d) selection of liaisons to DRB meetings. Project Planner: Leslie Mendez Leslie.mendez@cityofsanrafael.org Recommended Action - Elect a new Chair and Vice Chair for 2023; Consider and accept any proposed changes to the Planning Commission “Rules and Procedures;” and Select Planning Commission liaisons to the DRB for 2023 DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT Any records relating to an agenda item, received by a majority or more of the Commission less than 72 hours before the meeting, shall be available for inspection online. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing city.clerk@cityofsanrafael.org or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. The Planning Commission will take up no new business after 11:00 p.m. at regularly scheduled meetings. This shall be interpreted to mean that no agenda item or other business will be discussed or acted upon after the agenda item under consideration at 11:00 p.m. The Commission may suspend this rule to discuss and/or act upon any additional agenda item(s) deemed appropriate by a unanimous vote of the members present. Appeal rights: any person may file an appeal of the Planning Commission's action on agenda items within five business days (normally 5:00 p.m. on the following Tuesday) and within 10 calendar days of an action on a subdivision. An appeal letter shall be filed with the City Clerk, along with an appeal fee of $350 (for non-applicants) or a $4,476 deposit (for applicants) made payable to the City of San Rafael and shall set forth the basis for appeal. There is a $50.00 additional charge for request for continuation of an appeal by appellant. Minutes subject to approval at the meeting of January 24th, 2023 Planning Commission Regular Meeting Tuesday, November 29, 2022, 7:00 P.M. AGENDA Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 or Participate Virtually: Watch on Webinar: https://tinyurl.com/pc-2022-11-29 Watch on YouTube: http://www.youtube.com/cityofsanrafael Telephone: 1 (669) 444-9171 Meeting ID: 883 2384 1452# One Tap Mobile: US: +16694449171,,89745666511# CALL TO ORDER Chair Previtali called meeting to order at 7:00 PM. He then invited Planning Manager Leslie Mendez to call roll. RECORDING OF MEMBERS PRESENT AND ABSENT PRESENT: JON HAVEMAN, COMMISSIONER (In-person) ALDO MERCADO, COMMISSIONER (In-person) SHINGAI SAMUDZI, COMMISSIONER (Virtual) KELLY SHALK, COMMISSIONER (In-person) SAMINA SAUDE, VICE-CHAIR (In-person) JON PREVITALI, CHAIR (In-person) ABSENT CAMILLE HARRIS, COMMISSIONER ALSO PRESENT: LESLIE MENDEZ, PLANNING MANAGER (In-person) ALI GIUDICE, COMMUNITY DEVELOPMENT DIRECTOR(In-person) DIANE HENDERSON, CINSULTANT PLANNER (In-person) HEATHER HINES, CONSULTANT PLANNER (In-person) APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS No changes were made to the order of the agenda. PUBLIC NOTIFICATION OF MEETING PROCEDURES Chair Previtali invited Planning Manager Leslie Mendez, who informed the community the meeting is being streamed live to YouTube and members of the public could provide public comment either on the telephone, through Zoom, or in person. She explained the process for community participation in-person, on the telephone and Zoom. ORAL COMMUNICATIONS FROM THE PUBLIC There was three community members that gave comments. CONSENT CALENDAR 1. Approval of the Planning Commission Meeting Minutes of November 15th, 2022 Chair Previtali invited public comment and there was none. Vice-Chair Saude moved, and Commissioner Haveman seconded to approve the Consent Calendar. Chair Previtali then invited Planning Manager Leslie Mendez to take roll: AYES: Commissioners Haveman, Mercado, Samudzi, Shalk, Vice-Chair Saude, and Chair Previtali. NOES: None ABSENT: Commissioner Harris ABSTAIN: None Motion carried 6 – 0 ACTION ITEMS 2. Study Session Northgate Town Square Project Study Session to solicit focused feedback on the proposed Northgate Town Square Project which involves a comprehensive redevelopment of the existing mall at 5800 Northgate Drive into a phased mixed-use development with approximately 225,000 square feet of retail and 1,320 residential units with an option up to 1,422 residential units on the 44.76-acre site. Chair Previtali invited Staff to present the project. Community Development Director, Ali Giudice provided an introduction. Consultant Planner, Heather Hines, presented the Staff Report. Applicant provided presentation. Chair Previtali asked for questions from the Planning Commission. Staff responded and Applicant team responded. Chair Previtali opened public hearing and asked Staff to open public comment. Staff did so and reviewed the procedures on public comment via zoom, telephone, and in person. Thirty-Two public comments were provided and heard by the Commission and Staff. Chair Previtali closed the public hearing portion and requested responses from Staff to the questions raised in public comment. Chair Previtali then asked, in turn, for final comments from Commissioners. Commissioners provided final comments. DIRECTOR’S REPORT Planning Manager reported on the following items: • Both Aldersly and the Draft Housing Element are scheduled for City Council for December 5th. • City-wide master fee schedule is going before Council on December 19th. • Planning Commission is cancelled for December. • Next scheduled meeting is for January 10, 2023. • Commissioner Harris is not here but we would like to thank her as she has resigned. • December 14th Boards & Commissions Reception COMMISSION COMMUNICATION Chair Previtali requested a report on the changes to the Planning Commission by City Council. ADJOURNMENT There being no further business, Chair Previtali adjourned the meeting at 10:21 PM. ________________________________ LESLIE MENDEZ, Planning Manager APPROVED BY PLANNING COMMISSION ON _________________, 2023 Community Development Department – Planning Division PLANNING COMMISSION MEMORANDUM Page 1 of 3 DATE: January 24, 2023 TO: Planning Commission FROM: Renee Nickenig, Assistant Planner, Architectural Historian (Secretary of the Interior Professional Qualification Standards) SUBJECT: Certificate of Appropriateness for an Alteration to an Historical Landmark Site (905 Irwin Street)/ Historic Landmark District (French Quarter) [PLAN22-164, CA22-001] An application has been filed for a Certificate of Appropriateness pursuant to San Rafael Municipal Code (SRMC) Section 2.18.060, for an exterior alteration in a Historic Landmark District visible from the public street. Pursuant to SRMC Section 2.18.062, a Certificate of Appropriateness is a determination that the proposal would not have a significant impact upon, or is not potentially detrimental to, the landmark site or historic district. The project site at 905 Irwin Street is designated as an individual Historical Landmark Site (Resolution No. 5536) and is included in the French Quarter Historic Landmark District (Resolution No. 5537). The site was initially surveyed in 1976 as an example of a Queen Anne style residence. The significant features noted include the gable roof, gabled bay, and shingled skirt between floors and bay. The building has undergone many changes over time, including significant alterations after the Landmark designation. The style of the windows would suggest that they are not original to the ca. 1895 construction, and much of the exterior detail appears to have been altered. PROJECT DESCRIPTION The project proposes to remove the existing window at the north elevation and enlarge the window opening to accommodate an ADA-accessible pick-up window for a new Boba Tea Shop. EVALUATION The enlargement of the window opening will not have a significant impact on the overall spatial relationships of the building, and the material loss of the surrounding siding will be minimal. The replacement window will reflect the double-hung style and will have a similar profile to other existing windows at the site. The project complies with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Standards for Rehabilitation) as described below. Community Development Department – Planning Division PLANNING COMMISSION MEMORANDUM Page 2 of 3 Standards for Rehabilitation 1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships. The property is currently being used for commercial purposes. The addition of an ADA- accessible pick-up window will result in minor material loss but will not alter the window opening pattern at the site. 2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided. The existing window does not appear to be an original or distinctive feature, and the alteration to the opening will not have a negative impact on the overall existing historic character of the site. 3. Each property will be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken. The new window will reflect the double-hung window style characteristic of a Queen Anne residence but will not act as a replica of an original window and so will not create a false sense of historical development. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. No change that has acquired historical significance will be removed or altered. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. The alteration to the window size will result in minimal removal of the shiplap siding but will not have an overall impact on the exterior finish. 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. There are no deteriorated features to be addressed as part of this scope of work. Community Development Department – Planning Division PLANNING COMMISSION MEMORANDUM Page 3 of 3 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. No chemical or physical treatments are proposed. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. The project scope does not include intrusion into the ground, and so no archeological resources will be disturbed. 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. The new window design will be compatible with the existing windows at the site and with the double-hung window style typical of Queen Anne construction. Enlarging the opening will distinguish this alteration while maintaining the integrity of the spatial relationship of openings at the site. 10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. While there will be some material loss of shiplap siding, should the window opening be returned to its assumed original size in the future the siding could be replaced in-kind. CONCLUSION The proposal to enlarge and replace a window at the north elevation of the building will not have a significant impact on or be detrimental to 905 Irwin Street as an Historical Landmark Site or the French Quarter Historic Landmark District. RECOMMENDATION Staff recommends the Planning Commission accept staff’s issuance of a Certificate of Appropriateness Exhibits: 1. Project Plans 2. Project Photos HCD D C 1 A-1 A1 1 NORTH A1 3 NORTH A1 2 A1 4 A1 5 D:\Boba Tea 907 Irwin\CAD\A-2 PROP PLAN.dwg, 12/12/2022 2:01:31 PM, AutoCAD PDF (Smallest File).pc3Planning Commission 1/24/23 Exhibit 1 Community Development Department – Planning Division PLANNING COMMISSION MEMORANDUM Page 1 of 1 Project Photos – 905 Irwin Street Photo 1: 905 Irwin Street, front elevation (east), Photo 2: 905 Irwin Street, front elevation. October 1976 (looking southwest), November 2022 Photo 3: Subject window view from public Photo 4: Subject window, November 2022 street (looking southwest), November 2022 Planning Commission 1/24/23 Exhibit 2 Community Development Department – Planning Division Meeting Date: January 24, 2022 Agenda Item: 3 Case Numbers: P23-002 Project Planner: Leslie Mendez (415) 485-3095 REPORT TO PLANNING COMMISSION SUBJECT: Annual Meeting of Planning Commission for 2023 to include: a) review of calendar year 2023 scheduled dates for Planning Commission meetins; b) election of officers; c) review of Planning Commission “Rules and Procedures”; and d) selection of liaisons to DRB meetings EXECUTIVE SUMMARY The Annual Meeting of the Planning Commission is required to elect the Chair and Vice Chair officers for the calendar year. The Annual Meeting also provides the Commission an opportunity to review and consider adoption of revisions to the Planning Commission’s “Rules and Procedures.” The Rules and Procedures were last amended by the Commission on May 24, 2022. This year, staff has suggested edits to the Rules and Procedures, however, the Commissioners may have suggested edits. RECOMMENDATION It is recommended that the Planning Commission take the following action: a) Review 2023 scheduled planning commission meetings; and b) Elect a new Chair and Vice Chair for 2023; and c) Consider and accept proposed changes to the Planning Commission “Rules and Procedures;” and d) Select Planning Commission liaisons to the DRB for 2023 BACKGROUND AND ANALYSIS 2023 Planning Commission Meeting Dates: The list of scheduled Planning Commission meetings for 2023 found in Table 3 below. All meetings are on Tuesday unless otherwise noted. No Action is required. Table 1. 2023 Scheduled Planning Commission Meetings January 10 – Cancelled May 9 September 12 January 24 May 23 September 26 February 14 June 13 October 10 February 28 June 27 October 24 March 14 July 11 November 14 March 28 July 25 November 28 April 11 August 15 December 12 April 25 August 29 REPORT TO PLANNING COMMISSION Page 2 Election of Officers: Section II.E of the Planning Commission “Rules and Procedures” requires that the Planning Commission conduct an annual meeting to select officers (Chair and Vice Chair) for the calendar year. The Annual Meeting is defined as the “first meeting of the calendar year,” which for this year is January 24, 2023. The new Chair and Vice-Chair positions will commence in the next scheduled Planning Commission meeting (i.e. not this one). The office of the Chair and Vice Chair is rotational, with selection based on seniority or tenure of service. Per the Rules and Procedures, generally, a Commissioner shall not serve as a Chair more than once in seven consecutive years. Table 1 below lists the appointment dates and past service as chair by each of the Commission members. Table 1: San Rafael Planning Commission History of Tenure and Chairpersonship Commissioner First Appointed to Commission Years Served as Chairperson Years Served as Vice Chair Aldo Mercado July 2018 2020 partial 2020 partial Shingai Samudzi June 2019 2021 2020 partial Jon Previtali June 2020 2022 2021 Samina Saude June 2020 2023 2022 Jon Haveman May 2021 None None Kelly Shalk April 2022 None None Chair Based on the rotation criteria, Commissioner Saude is next-in-line to serve as Chair, as she served as Vice Chair for 2022. Vice Chair To determine the next Vice Chair, the same rules and procedures for Chair apply to Vice Chair. There are two Commissioners who have not served as Chair or Vice Chair in the past 7 years (Commissioners Haveman and Shalk). Commissioner Haveman was appointed in May 2021 and Commissioner Shalk in April 2022. Therefore, Commissioner Haveman would be the next in line to serve as Vice Chair. RECOMMENDATION: Based on the rules and procedures, it is recommended that Commissioner Saude be elected to serve as Chair and Commissioner Haveman be elected to serve as Vice Chair. A motion and second, followed by vote is required. Consideration of Revisions to Planning Commission “Rules and Procedures”: The Rules and Procedures are reviewed by the Commission and were last updated in May of last year to include provisions for streamlined design review for certain residential projects. This year, staff has revised the PC Rules and Procedures to reflect: • The change in membership to include one representative from each district; • The hybrid meeting format; • The sunsetting of AB 361, which allowed virtual participation of Brown Act meeting during the COVID state of emergency; and • The elimination of the pledge of allegiance and requirement of speakers to identify themselves and their place or residence to be consistent with City Council meetings and goals to strengthen inclusion and belonging. Revisions are presented in Exhibit 1 in strikeout for deleted text and underline for added text. The Planning Commission is asked to review and adopt the amendments. In addition, the Planning REPORT TO PLANNING COMMISSION Page 3 Commission is asked to review the currently adopted Rules and Procedures and submit any feedback or suggested changes. Staff has included a summary of Roberts Rules of Order for your reference found in Exhibit 2. Robert’s Rules of Order provide common rules and procedures for deliberation and debate in order to place the whole commission on the same footing and speaking the same language. RECOMMENDATION: It is recommended that the Commission vote to approve the changes to the Rules and Procedures to reflect the changes. A motion and second, followed by vote is required. OPTIONS: 1. Approve the recommended amendments to the “Rules and Procedures” to reflect changes noted above; or 2. Identify additional areas for further study and direct staff to return with recommended revisions to the “Rules and Procedures” for action at a future meeting. Selection of Commissioners for DRB Liaison: The annual meeting also provides an opportunity to select Commissioners to serve as a liaison at the Design Review Board meetings for the calendar year. DRB liaisons are expected to attend DRB meetings held during their assigned months and report back to the Commission at large at the next scheduled Planning Commission meeting. DRB liaisons may attend virtually. Commissioners (with the exception of the new Chair) are requested to serve as liaison in two-month increments, which involves attendance at up to four, regular DRB meetings during the two selected months of service. Staff, therefore, requests that apart from the new Chair, each Commissioner volunteer for two months to be the liaison to the DRB. A schedule of DRB for 2023 is shown in Table 2. All meetings are on Tuesday unless otherwise noted. RECOMMENDATION: It is recommended that the Commissioners informally call out which months would work for them. Since the PC is currently down a commissioner, staff is requesting that the first few months on the year be chosen by sitting Commissioners. Table 2. DRB Meeting Dates in 2023 and Liaison Assignments Months Commission Liaison DRB Months PC Commission Liaison January 4, 2022 (Wednesday) CANCELLED July 5 (Wednesday) January 18 (Wednesday) Tuesday, July 18, 2022 Tuesday, February 7, 2022 Tuesday, August 8, 2022 February 22 (Wednesday) Tuesday, August 22, 2022 Tuesday, March 7, 2022 September 6 (Wednesday) Tuesday, March 21, 2022 Tuesday, September 19, 2022 Tuesday, April 4, 2022 Tuesday, October 3, 2022 Tuesday, April 18, 2022 Tuesday, October 17, 2022 Tuesday, May 2, 2022 Tuesday, November 7, 2022 Tuesday, May 16, 2022 Tuesday, November 21, 2022 Tuesday, June 6, 2022 Thursday, December 5, 2022 June 21 (Wednesday) Tuesday, December 19, 2022 EXHIBITS REPORT TO PLANNING COMMISSION Page 4 1. Draft Planning Commission “Rules and Procedures” in strike through and underline to reflect revisions, dated January 24, 2023. 2. A Brief Summary of Roberts Rules of Order (Parliamentary Procedures) Page 1 of 9 PLANNING COMMISSION RULES AND PROCEDURES CITY OF SAN RAFAEL Adopted May 24, 2024 with proposed track changes in strikethrough and underline I. Organization and Officers A. Organization 1. The Planning Commission shall consist of seven regular members appointed by the Mayor with the approval of the City Council and shall be organized and exercise such powers as prescribed by the City Charter and by the San Rafael Municipal Code (City Code). The commission shall be composed of seven (7) regular voting members, one (1) commissioner from each of the city's four (4) city council electoral districts, and three (3) at-large commissioners. Requirements for eligibility: a. District representatives: Each district representative must reside in the district they represent. b. At-large members: Must reside in city limits. 2. The term of the Commission members is four years with a staggered expiration schedule. 3. Vacancies on the Commission for other than expiration will be filled by appointment for the un-expired portion of the term. 4. In-person meeting attendance is required unless a just cause exemption is approved by the City Clerk and relayed to the staff liaison before the meeting. A member may only use the just cause provisions up to two meetings per calendar year. 45. If any Commissioner should have three consecutive, unexplained absences from regular meetings of the Planning Commission as shown in the roll call of the official minutes, the Chair may recommend to the City Council that the seat be relinquished. 56. If any Commissioner wishes to request a leave of absence for three to six consecutive meetings, the request shall be made to and approved by the Chair. A request for a leave of absence for more than six consecutive meetings shall be made to and approved by the City Council. B. Officers 1. Selection a. A Chair and Vice-Chair shall be elected from among the Commission's membership at the Annual Meeting held the first meeting of the Page 2 of 9 calendar year, to serve for a one-year period. It is intended that the Chair and Vice-Chair be rotated among the Commissioners based on tenure, as defined by total years of service. In the event the years of service are identical, tenure will be determined in alphabetical order. It is the general rule that a Commissioner shall not serve as Chair more than once in seven consecutive years. However, in the event that: 1) a position is vacated; 2) a Commissioner is not interested in serving as an officer; or 3) there is limited tenure among the other Commissioners, then a Commissioner can be appointed as an officer more than once in seven years. b. The Vice-Chair shall serve as Chair in the following year. c. The Chair and Vice-Chair may not succeed themselves. However, in the event that the current Chair or Vice-Chair has served less than a year, the Commission may choose to re-elect her/him for an additional term. d. The Vice-Chair shall succeed the Chair if he/she vacates the office and shall serve the un-expired term of the Chair. The Commission shall elect a new Vice-Chair to serve the un-expired term of that office. Selection shall be based on seniority. e. In the absence of the Chair and Vice-Chair, the member of the Commission with the longest tenure, as defined by total years of service, shall preside over the meeting. In the event that the years of service are identical, seniority will be determined by alphabetical order. 2. Responsibilities The responsibilities and powers of the officers of the Planning Commission shall be as follows: a. Chair - Preside at all meetings of the Commission. - Call special meetings of the Commission in accordance with legal requirements and the Rules of Procedure. - Sign documents of the Commission. - See that all actions of the Commission are properly taken. - Assist staff in determining agenda items. - The Chair shall be an ex officio member of all committees with voice but not vote. b. Vice-Chair During the absence, disability or disqualification of the Chair, the Vice- Chair shall exercise or perform all the duties and be subject to all the responsibilities of the Chair. Page 3 of 9 C. Duties and Powers 1. The Planning Commission shall have the power to recommend to the City Council, after conducting a public hearing, the adoption, the amendment or the repeal of a General Plan, a Neighborhood or Specific Plan, the Zoning Ordinance of the City Code, or a site-specific master plan for a Planned Development (PD) District, or any part thereof, for the physical development of the City. 2. The Planning Commission shall exercise such functions with respect to environmental review, land subdivisions, land use and planning, design review, and zoning, as may be prescribed by City Code, City resolution, and State law. 3. The Commission shall advise the City Council on those matters falling within its charged responsibilities in a manner reflecting concern for the overall development and environment of the City as a setting for human activities. D. Rules of Order Except as otherwise provided in these Rules of Procedure, "Roberts Rules of Order, Newly Revised" shall be used as a guide to the conduct of the meetings of the Planning Commission, provided, however, that a failure of the Commission to conform to said rules of order shall not, in any instance, be deemed to invalidate the action taken. II. Meetings A. Public Meetings All meetings shall be held in full compliance with the provisions of state law, ordinances of the City and these Rules of Procedure. B. Regular Meetings 1. Regular meetings shall be held on the second and fourth Tuesdays following the first Monday in each month, at 7:00 p.m. in the Council Chambers of the City Hall, unless otherwise determined by the Commission. All regular meetings must be held in the following manner: a. within the city limits of San Rafael. b. using a remotein-person/virtual hybrid meeting format 2. Whenever a regular meeting falls on a public holiday, no regular meeting shall be held on that day. Such regular meeting may be rescheduled to another business day or canceled by motion adopted by the Planning Commission. All meetings must be held within the city limits of San Rafael. 3. A meeting of the Commission may be canceled by the Chair for lack of a quorum, no pending business, or any other valid reason. Such Page 4 of 9 cancellation may be made at any time prior to the scheduled meeting. All efforts shall be made by the Community Development Department staff to notify those involved at the earliest possible time. Prior to the scheduled meeting, the Community Development staff shall post a cancellation notice on the City of San Rafael public hearing board, the City website and at the prescribed location of the meeting. C. Adjourned Meetings In the event it is the wish of the Planning Commission to adjourn its meeting to a certain hour on another day, a specified date, time, and place must be set by a majority vote of the Commissioners present, prior to the regular motion to adjourn. D. Special Meetings Special meetings of the Planning Commission may be held at any time upon the call of the Chair or by a majority of the voting members of the Commission or upon request of the City Council following at least 24 hours’ notice to each member of the Commission and to the press. The time and place of the special meeting shall be determined by the convening authority. At least 24 hours prior to the scheduled special meeting, the Community Development staff shall post a notice of the meeting on the City of San Rafael public hearing board, the City website and at the prescribed location of the meeting. E. Annual Meeting The Annual Meeting of the Planning Commission will be held at the first meeting of the calendar year. The meeting will be devoted to the election of a Chair and Vice-Chair for the ensuing year and any other business scheduled by the Commission. F. Study Sessions/Workshops/Informational Presentations 1. The Commission may be convened in the same manner as prescribed for the calling of a special meeting for the purpose of holding a study session, or for presentations of informational items, provided that no official action shall be taken. 2. Such meetings shall be open to the public. G. Notification Public Hearings and Discussion Items - Notice of the time, place/ items to be considered and action pending shall be given in accordance with the requirements of the City Code and State Law. H. Agenda 1. An agenda for each meeting of the Commission shall be prepared by the Community Development Director or staff in consultation with the Chair. Page 5 of 9 2. A staff report shall be prepared for each item and-distributed to the Planning Commission and made available to the public a minimum of 72 hours prior to a regular meeting. 3. A copy of the agenda shall be posted in City Hall 72 hours before a regular meeting. 4. Items not appearing on the agenda cannot be acted upon or discussed by the Commission. However, the Commission may take action under the following circumstances: a. If the Commission finds, by majority vote, that an emergency situation must be addressed. An "emergency situation” is limited to work stoppages and crippling disasters; b. If by a two-thirds vote (or a unanimous vote if two-thirds of the members are not present), there is a need to take immediate action and the need for action came to the attention of the Commission and staff after the agenda was posted. Prior to discussing such items, the Commission shall publicly identify the item and shall provide the public an opportunity to provide comment on the item. 5. Members of the public may address the Commission on any agenda item, and may, at the beginning of the meeting, address the Commission on any issue that is not listed on the agenda, provided that the issue is within the jurisdiction and powers of the Planning Commission. I. Order of Meetings 1. The Order of business shall be as follows: a. The Chair shall take the chair at the hour appointed for the meeting and shall immediately call the meeting to order. b. The Chair shall lead a pledge of allegiance, for in person meeting; the pledge of allegiance will not occur for virtual meetings. bc. Members present and absent shall be recorded by roll call. cd. The order of the agenda shall be approved as submitted or revised by a majority vote of the Commissioners present. de. The public shall be advised of the procedures to be followed in the meeting including the protocol and time frames for public comment. For virtualhybrid meetings, the public will be advised of the different ways to participate. Any member of the audience may comment on any matter which is not listed on the agenda. ef. The minutes of any preceding meeting shall be submitted for review and approval by a majority vote of the Commissioners present at that preceding meeting. Page 6 of 9 fg. The Commission shall then hear and act upon those proposals scheduled for consideration or public hearing. gh. Director's Report. hi. Commission Communications. ij. Adjournment. 2. Presentation or Hearing of Proposals The following shall be the order of procedure for hearings/discussion items concerning planning and zoning matters: a. The Chair shall announce the subject of the public hearing/discussion item, as noticed. b. If a request is made for continuance, a motion may be made and voted upon to continue the public hearing to a definite time and date (noticing not required) or a time and date to be determined (re-noticing required). c. Order of Speaking. The order of speaking shall be as follows: 1. The Chair shall call for commissioners to make ex parte disclosures and potential conflict of interest disclosures with respect to the proposed project. 2. Staff provides a report on the project and summarizes its compliance with San Rafael's General Plan, compliance with State laws and the City Code, the status of environmental review, and the staff recommendation for action(s) by the Commission and Design Review Board Representatives (if applicable). 3. The public hearing is opened. 4. The applicant makes a presentation to the Commission. 5. The public speaks to the Commission and Design Review Board Representatives (if applicable). 6. The Commission and Design Review Board Representatives (if applicable) may ask questions or obtain facts or clarification from staff, the applicant, or the public after each segment of the agenda. 7. The public hearing is closed. 8. If applicable, the Design Review Board Representatives shall make recommendations to the Planning Commission. 9. The matter is returned to the Commission for discussion and action. d. Rules of Testimony The rules of testimony shall be as follows: 1. Upon opening the public hearing, the Chair shall invite the public to speak by inviting each speaker (one-at-a-time) to approach the podium. For virtualhybrid meetings, the chair will ask staff to advise Page 7 of 9 the public on the different options for participating. On large or controversial projects where many people wish to provide public testimony, the Chair may request that speaker cards be filled-out and submitted. 2. Persons presenting testimony to the Commission are requested to identify themselves by name and place of residence. 23. Persons presenting testimony to the Commission shall be limited to three (3) minutes for their presentation. This time limit may be limited or extended at the Chair’s discretion. 34. If there are numerous people in the audience who wish to participate on the issue and it is known that all represent the same opinion, a spokesperson should be selected to speak for the entire group. At the Chair’s discretion, the spokesperson may be granted additional time beyond the three (3) minute limit for his or her presentation. 45. To avoid unnecessary repetitive evidence, the Chair may limit the number of speakers or the time on a particular issue. 56. Irrelevant, defamatory, or disruptive comments will be ruled out of order. 67. No person shall address the Commission without first securing the permission of the Chair. 78. All comments shall be addressed to the Commission. All questions shall be made or directed through the Chair. e. Applicant Presentations Applicant presentations shall comply with the guidelines developed by the Planning Commission. Applicants shall be limited to a maximum of ten (10) minutes for their presentation, inclusive of all members of the applicant’s team (if applicable). An extension of this time limit may be granted at the Chair’s discretion. f. Design Review Board Representatives (if applicable) The Design Review Board Representatives shall provide a recommendation to the Planning Commission including any recommended conditions of approval. J. Motions 1. A motion to adjourn shall always be in order except during roll call. 2. The Chair of the Commission, or other presiding officer, may make and second motions and debate from the Chair subject only to such limitations of debate as are imposed on all members of the Commission. K. Voting 1. Voting Requirements Page 8 of 9 a. A quorum shall consist of four members. b. The affirmative vote of a majority of the quorum present is necessary for the Commission to take action on all matters other than those listed under Section c below. c. Certain votes of the Commission require a majority vote of the entire Commission (4 votes) to carry. These are:  Adoption or amendment of a General Plan or any part thereof.  Adoption or amendment to any Neighborhood or Specific Plan or any part thereof.  Adoption or amendment to the Zoning Ordinance of the City Code or amendment thereto.  Adoption or amendment to a site-specific master plan for a Planned Development (PD) District.  Other actions as required under federal or state law. (These will be dealt with as they arise.) d. When a member of the Commission abstains from voting on any matter before it because of a potential conflict of interest, because the Commissioner does not believe he/she can be objective, or because the Commissioner was absent at any previous hearing on an item, said vote shall not constitute nor be considered as either a vote in favor of or opposition to the matter being considered. Abstentions shall not be allowed for any other reason. e. A tie vote shall be recorded as a failure of action to pass. A tie vote on a motion defeats the motion. 2. Roll Call Vote Any Commissioner, the applicant or an appellant can request a roll call vote. For virtualhybrid meetings a roll call vote shall be required. 3. Recording of Votes The minutes of the Commission's proceedings shall show the vote of each member, including whether they were absent, abstained from voting, or failed to vote on a matter considered. 4. Disqualification from Voting A member shall disqualify himself/herself from voting in accordance with the State Political Reform Act and other applicable state law. When a member is disqualified, he/she shall state, prior to the considerations of such matter by the Commission that the member is disqualifying himself/herself due to a possible conflict of interest and shall then leave the voting area. Page 9 of 9 III. Review and Amendments Procedure A. These Rules of Procedure shall be reviewed at the Annual Meeting of each year. On an ad hoc basis, the chair may appoint a subcommittee to review these rules prior to the meeting. The review subcommittee shall present their recommendations for amending or not amending these rules. Minor changes may be brought forward by staff for the Commission's consideration. B. In addition, these Rules of Procedure may be amended at any meeting of the Planning Commission by a majority of the membership of the Commission provided that notice of the proposed amendment is received by each Commissioner not less than 5 days prior to said meeting. (Approved May 9, 2000. Revised February 26, 2002, December 14, 2004, May 29, 2007, January 27, 2009, January 9, 2018, February 11, 2020, January 12, 2021, and May 24, 2022, and January 24, 2023) A Brief Summary of Roberts Rules of Order (Parliamentary Procedures) Robert’s Rule of Order provide common rules and procedures for deliberation and debate in order to place the whole commission on the same footing and speaking the same language. The conduct of all business is controlled by the general will of the whole membership – the right of the majority to decide. Complementary is the right of the minority to require the majority to be deliberate – to act according to its considered judgment after a full and fair “working through” of the issues involved. How Are Motions Presented? 1. Obtaining the floor a. Wait until the Chair recognizes you. 2. Make Your Motion a. Speak in a clear and concise manner, making certain that you are speaking into the microphone and that the microphone is on (by pressing the green button). b. Always state a motion affirmatively. Say, “I move that we…” rather than “I move that we do not…”. c. Motions can be made utilizing the required actions listed in the staff report. Typically, a draft resolution is included as an attachment in the staff report based on the staff recommendation (for approval or denial of an application), and includes required legal findings. d. Since Commission actions on a project (other than continuance or referral to the DRB) must be supported by an adopted resolution, if the action you wish to move is not supported by the draft resolution provided by staff, the motion should be to continue the item (usually to the next meeting date) with direction to staff to prepare a draft resolution supporting the desired action. Rationale for the decision should be provided to staff to assist in preparing the necessary legal findings. e. The motion may include desired revisions to the draft resolution, such as changes to proposed findings to more accurately reflect the Commission’s decision or changes/additions to proposed conditions of approval. 3. Wait for Someone to Second Your Motion a. Another Commissioner will second your motion or the Chair will call for a second. b. If there is no second to your motion, it is lost. 4. The Chair States Your Motion a. The Chair will say, “it has been moved and seconded that we…”, thus placing your motion before the membership for consideration and action. b. The membership then either debates your motion, or may move directly to a vote if there is no one wishing to discuss the motion. c. Once your motion is presented to the membership by the Chair, it cannot be changed without the consent of the maker and seconder. 5. Debate a. This is the time for the membership to speak in favor or opposition to the motion, including the maker and seconder of the motion. b. All comments and debate should be directed to the Chair, and not to individual Commission members. c. It is highly advisable that members of the Commission describe to applicants and other members of the audience the rationale for their position. This may include responses to issues raised by the public. 6. Amending the Motion a. If there is a desire by any Commissioner to modify the proposed motion, that Commissioner should indicate to the Chair a desire to offer an amended motion. The amendment may suggest revisions, such as additional or modified conditions of approval, revised findings, etc., but should not constitute an entirely different direction (e.g., an amendment to deny an application when the initial motion was for approval). b. Once an amendment is offered, the Chair must seek approval of the proposed amendment from both the original maker and seconder of the motion. c. If the amendment is supported by both the original maker and seconder of the motion, it becomes the operative motion before the Commission. d. If the amendment is not supported by both the original maker and seconder of the motion, it is lost. 7. Putting the Question to the Membership a. When debate has finished, the Chair asks, “Are you ready to vote on the question?” b. The Chair asks those in favor to say, “aye”, and those opposed to say “no”. c. Any member may request an exact count, in which case the Chair or recording secretary will commence with a roll call, in which each member sequentially answers “yes” or “no” as his/her name is called. d. A tie vote results in no action. For applications in which the Planning Commission is the final decision-maker, additional motions are necessary until a majority decision is achieved (this could include a motion for continuance until an odd number of Commissioners is present, or for revisions to the project that a majority could then support). For applications in which the City Council is the final decision-maker, a split recommendation may go forward to the Council.