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2500 Planning - Commission Orientation Manual, Meeting Procedures, Public Hearing Procedure, Ralph Brown At Rosenberg's Rules of OrderCITY OF ROLLING HILLS - CITY ATTORNEY'S PLANNING COMMISSION ORIENTATION MANUAL March 2009 Prepared by: MICHAEL JENKINS City Attorney Elizabeth M. Calciano Deputy City Attorney a 1 INTRODUCTION Congratulations on your appointment as a Planning Commissioner! This Manual has been created by the City Attorney to help orient you with respect to your responsibilities as a city official. We hope that you'find this Manual useful. When in doubt as to the powers of your commission or board or your legal obligations and responsibilities, you should consult the Municipal Code and the City Attorney. Michael Jenkins Tel: 310.643.8448 Fax: 310.643.8441 MJenkins@localgovlaw.com www.localgovlaw.com Elizabeth M. Calciano Tel: 310.643.8448 Fax: 310.643.8441 ECalciano@localgovlaw.com TABLE OF CONTENTS Description Page Introduction List of General Procedures 1 Public Hearing Procedure 4 Sample Public Hearing Script 5 Importance of Findings in Quasi -Judicial Actions 6 California Environmental Quality Act, Required Procedures 9 The Ralph M. Brown Act 15 Conflicts of Interest 18 CITY OF ROLLING HILLS PROCEDURES The following is an outline of standard municipal meeting procedures. These apply to all commissions generally. Some procedures are required by law and some may be varied. In many cases, the procedures you employ have important legal significance. Before changing procedures, you should always consult with the City Attorney. TYPE OF MEETINGS: REGULAR MEETINGS: All regular business of the Commission should usually be conducted at the regular meetings. Once the meeting is adjourned, the Commission may not meet again until the next regular meeting, unless the Commission adjourns to a different time and place or unless a special meeting is called. Field trips and "study sessions" occurring on a date other than a regular meeting date are adjourned meetings or special meetings. ADJOURNED MEETINGS: At the conclusion of a regular meeting, the Chair may adjourn the meeting to a specific time, place and date. This allows for an extension of the regular meeting. If a regular meeting of the Commission is adjourned to another time, the Commission Secretary shall post notice of an adjourned meeting. Adjourned meetings can be again adjourned to a date, time and place specific; however, once any meeting is finally adjourned, it cannot be reconvened. SPECIAL MEETINGS: Special meetings may be called by the Chair or a majority of the Commission under the following guidelines: Written notice must be delivered personally or by mail to each member of the Commission, the Commission Secretary, and the local newspapers, at least 24 hours prior to the time of the meeting. Notices should also be posted, at least 24 hours prior to the time of the meeting, at the posting places within the City designated for the posting of notices. The notice must contain the subjects of the meeting and only those subjects may be considered at the special meeting. 1 CONDUCT OF MEETINGS: CHAIR: The Chair shall preside at all Commission meetings. The Commission shall, by majority vote, elect a Chair and elect a Vice -Chair to serve in the absence of the Chair. COMMISSION SECRETARY: The Commission Secretary takes and pre- pares minutes of a Commission meeting and is responsible for ensuring that notices of meetings are properly posted or delivered. AGENDA: Under the Brown Act (discussed in depth later) agendas for regular meetings shall be posted no later than 72 hours in advance of a meeting. MINUTES: Minutes of all meetings must be prepared and submitted to the Commission for approval. After approval by a majority vote of the Commissioners present, the Commission Secretary shall distribute, post and file the minutes. The minutes are not a transcript or a complete record of the proceedings and need only accurately reflect the actions taken by the Commission. MEETINGS OPEN TO PUBLIC: All meetings must be open to the public in accordance with the Brown Act. Every agenda for regular meetings must provide an opportunity for members of the public to directly address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission but not on the agenda. Also, members of the public must be provided an opportunity to address the Commission on any agenda item prior to, or concurrently with, the Commission's consideration of the item. The Commission may establish its own procedures relative to public participation during the conduct of Commission business, provided the procedure does not conflict with the Brown Act. QUORUM: A quorum, which consists of a majority of the members of the City Commission, must be present at all times during the meeting. CONDUCT OF HEARINGS: The general manner of conducting hearings is within the control and discretion of the Chair. After sufficient discussion and presentation of a matter, either the Chair or any member entitled to vote upon the matter being heard may introduce a motion to decide the matter. 2 THE REOPENING OF HEARINGS. No hearing that has once been closed may be reopened without additional notice in the same manner as the original hearing, unless the hearing is reopened at the same meeting it was closed and before the. Commission has taken up another matter. Once the Commission has taken final action on an adjudicative item, the Commission loses jurisdiction and the hearing may not be reopened unless the matter has been remanded to the Commission by the City Council. HE/SHE WHO DECIDES MUST HEAR: When the Commission is acting in an adjudicative capacity,' and if a Commissioner is to vote on a matter which is the subject of a public hearing, the Commissioner should be present during the public hearing. However, if the public hearing has been closed and continued for a decision to another date, or the hearing continued to another date, an absent member can vote if the member listened to the full tape of the prior hearing or hearings and read all documents considered at the prior hearings on the matter and states that she or he has done so on the record at the hearing. LIMITATIONS ON COLLECTING EVIDENCE OUTSIDE OF THE HEARING: The concept of a fair hearing includes the requirement that all evidence that serves as the basis of an adjudicative decision must be in the record so that it is subject to rebuttal. This can be a problem if Commissioners collect evidence outside of the public hearing. For example, from time to time the Commissioners may find it desirable to visit the site that is the subject of an application before the Commission. So long as the Commissioner indicates on the record that he or she has done so and describes what was seen, a site visit will not affect the validity of the hearing. The Commissioners should avoid speaking to applicants or other members of the public about a matter that is the subject of an adjudicative decision. In the event that they do have a conversation with a member of the public on such a matter, the Commissioner should state on the record who he or she spoke with, and the subject of the conversation. In this way the evidence obtained by the individual Commissioner outside of the hearing will become part of the record, and will be subject to rebuttal during the hearing. 1 The Commission acts in an "adjudicative capacity" (also called "quasi-judicial") when it is applying the law to a specific application, such as when the Planning Commission considers a development application. 3 PUBLIC HEARING PROCEDURE Chair: Staff: Chair: States purpose of hearing, opens hearing. Requests Staff Report. Presents report Requests Members to ask any questions they may have of Staff regarding Staff Report, and to place on the record any statements on whether Commissioners visited site and that they saw, or whether they spoke to anyone concerning this matter (also called Aex parte disclosures@). Requests public testimony. PUBLIC: Testimony is received. Applicant or appellant (if an appeal from a Planning Director=s decision) should go first and should be given time for rebuttal. If the appellant is not the applicant, the applicant should be afforded equal time (because the applicant has a specific legal interest at stake) Chair should instruct those persons testifying that all comments and questions be directed to the Chair and not to other members of the audience. No dialogues should be permitted. Questions by Commissioners of persons in the audience should be asked before the hearing is closed, preferably when the person is testifying.2 Comments by Commissioners should be reserved until all testimony is taken and the public hearing closed. The Chair may set a time limit for comments by each person testifying. Chair: Closes public hearing. COMMISSION: Deliberates, makes findings and decision. 2 In cases when there is evidence on both sides of the issue or when the evidence is not adequately presented by the opponents or proponents of a project, it is essential that the members of the Commission ask questions which ensure that the relevant evidence is in the record and explain the evidence upon which they are relying in making a decision. 4 SAMPLE PUBLIC HEARING SCRIPT This is the time and place for a public hearing to consider [describe]. Is there a Staff Report? Does any Commissioner have any questions of staff on this matter? Do Commissioners have any ex parte disclosures to make? [Commissioners state any on site visits and evidence outside the hearing relating to this matter] We will now listen to public testimony. All questions and comments on this matter are to be directed to the Commission, not the audience. Questions will be answered by staff at the close of testimony. Applicant, please make your presentation at this time. I will now call the speakers in the order received. I will also call the name of the next speaker so that you may move toward the podium. to be followed by Applicant, do you wish to make any further statement or rebuttal before the hearing is closed? Do any Commissioners have further questions before the public comment portion of the hearing is closed? hearing.) (Staff answers all questions asked by public during the course of the The public testimony portion of the hearing is now closed. (Commission deliberates and may ask questions of staff. All comments should be reserved by the Commissioners until this time. Statements of opinion during the hearing may be regarded as prejudgment of the matter.) IMPORTANCE OF FINDINGS IN QUASI-JUDICIAL ACTIONS The City Planning Commission performs a quasi-judicial function. In other words, the Commission will sit as a "judge" in determining whether a particular land use entitlement, such as a variance or a conditional use permit, is appropriate for a 5 particular piece of property. The following discussion, excerpted from a December 30, 1982 Publication by the State Office of Planning and Research, discusses the importance of the Commission making findings showing the reasons the Commission made its decision. FINDINGS ARE THE CORNERSTONE OF GOOD DECISION -MAKING The Supreme Court has defined findings, explained their purposes and determined when they are needed. Definition The court defined findings as legally relevant subconclusions which expose the city's mode of analysis .of facts, regulations, and policies, and bridge the analytical gap between raw data and ultimate decision. In other words, findings are the legal footprints city officials leave to explain how they progressed from the facts through established standards to the decision. Purpose The court outlined four purposes for making findings, two of which are relevant mainly to the decision -making process, and the other two relevant to judicial review functions. Findings should accomplish the following: 1. Provide a framework for making principled decisions, enhancing the integrity of the administrative process; 2. Help make analysis orderly and reduce the likelihood that the agency will randomly leap from evidence to conclusions; 3. Enable the parties to determine whether and on what basis they should seek judicial review and remedy; and, 4. Apprise a reviewing court of the basis for the agency's action. Circumstances Requiring Findings While the four purposes seem clear enough, state law has not clearly distinguished between the situations which require findings from those which do not. Absent a specific statutory requirement for findings, the courts determine when they are necessary. In general, case law has required findings for land use decisions that are adjudicative in nature (also known as quasi-judicial, administrative, or adjudicatory decisions). In this type of decision, the commission holds a hearing, takes evidence, and bases its decision on the evidence. The action involves applying a fixed rule, standard, or law to specific facts and a specific parcel of land. Examples include 6 variances, use permits, and tentative subdivision and parcel maps. In each case local officials apply existing land use or other development standards to specific parcels. By way of comparison, findings are not necessary for legislative acts, unless specifically required by statute. In contrast with adjudicative acts, legislative acts generally formulate a rule to be applied to all future cases rather than applying an existing rule to a specific factual situation. Examples are the adoption or amendment of a general plan or zoning ordinance. SUMMARY: BRIDGING THE GAP California courts have demonstrated their concern for rational and open land use decisions that protect the public interest. The California Supreme Court offered four purposes for findings, all emphasizing these concerns. The now familiar language of "bridging the analytical gap between raw data and ultimate decision" leaves no doubt that courtsintend decision -makers to follow an orderly path of logic before arriving at decisions. While the political reality of making land use decisions involves compromises at times, the political reality must accommodate rational and dispassionate deliberation in the decision -making process. In the area of land use planning, local decision -making bodies must adopt findings when making adjudicative decisions -variances, conditional use permits, tentative subdivision and parcel maps, and public street abandonments. Further, Public Resources Code Section 21081 requires decision -making bodies to make one or more findings when an EIR identifies a proposed project's significant environmental effects. Some state statutes require findings before jurisdictions approve certain legislative decisions, such as growth limiting general plans and growth limiting zoning ordinances. The process of making land use decisions has its rough edges: economic impacts, election campaigns, tender egos, and neighborhood conflicts. Making findings as an integral part of the decision -making process will not guarantee that all of the rough edges will be smoothed out. However, if decision -making officials take findings seriously, they can reduce the public's doubts about the wisdom of their decisions and reduce public skepticism about their motivations. Using findings builds an excellent defense for local officials' decisions, and ultimately more justly serves the public purposes of regulating land use. CALIFORNIA ENVIRONMENTAL QUALITY ACT, REQUIRED PROCEDURES PREFACE: The California Environmental Quality Act (CEQA) is designed to assure that decisionmakers understand the environmental impacts of a decision before the decision is made. The following outline explains, in general terms, the basic steps required by CEQA. Each City is required to adopt its own local guidelines for implementing CEQA. 1st Step: Application Received (A) Staff decides whether the proposed activity is subject to CEQA or is exempt. (B) If the project is exempt no further action under CEQA is required. Staff reports its finding to the Planning Commission. 2nd Step: If the project is subject to CEQA: (A) Staff conducts and prepares a written Initial Study to determine if the project may have a significant effect on the environment, unless it is clear the project will have a significant effect. In the latter case, Staff may go directly to the 7th Step. The Initial Study consists of the Environmental Checklist plus Staffs analysis of environmental effects. (B) As soon as it is determined that an Initial Study is to be prepared, staff consults informally with other agencies having jurisdiction over the project as to whether an EIR or negative declaration should be prepared. 3rd Step: If from the Initial Study it appears the project may have a significant effect on the environment: (A) Staff or the applicant may suggest project revisions which when implemented will result in the project having no significant environmental effects. If this occurs, the project should be formally revised to reflect these "mitigating measures," and the 4th Step followed. (B) If the project may still result in one or more significant environmental effects after mitigating measures are added, Staff should go directly to the 7th Step. 4th Step: If Staff determines from the Initial Study that the project will not have a significant effect on the environment: 8 (A) Staff prepares a proposed Negative Declaration including mitigating measures, if any, and attaches a copy of the Initial Study, documenting reasons to support its findings.3 (B) Public notice that a proposed Negative Declaration has been prepared must be given before it is approved/disapproved by the Commission. At least 20 days must be provided for public review of the proposed Negative Declaration, unless State Clearinghouse review is required, in which case the public review period for the proposed Negative Declaration is extended to 30 days as described in (D) below. The notice for the proposed negative declaration must also be filed with the County Clerk, who must post the notice within twenty-four hours after receipt of the proposed negative declaration for a period of 30 days. (C) The City must consult with and solicit comments from each agency with jurisdiction over the project by Law, and must send a copy of the proposed Negative Declaration to these agencies. (D) If the project is of statewide, regional, or area -wide significance, the proposed Negative Declaration must be sent to the State Clearing- house for review. 5th Step: If Negative Declaration Prepared: The Commission must review and consider the Initial Study, proposed Negative Declaration, any comments received and Staffs analysis of the comments. If the Commission finds that there is no evidence that the proposed activity may have a significant impact, the Commission approves the Negative Declaration prior to making any determination on the project. No project can be approved until 3 If mitigation measures are included, a mitigation monitoring program must be prepared, and must be adopted at the same time the Negative Declaration is adopted. When an Environmental Impact Report is prepared, a mitigation monitoring program must be adopted when the City makes the findings required by Public Resources Code Section 21081(a) (See Step 12). When making findings regarding the adequacy of mitigation measures proposed in an EIR or when adopting a mitigated negative declaration, the Commission must specify the location and custodian of the documents or other material which constitute the record of proceedings upon which the decision is based. 9 a Negative Declaration has been approved or an EIR has been certified pursuant to the Steps set forth below. If the Commission finds that the proposed activity may have a significant environmental impact, the Commission rejects the Negative Declaration and asks for an Environmental Impact Report (EIR) to be prepared. 6th Step: If Negative Declaration Approved: If the Commission approves the proposed activity, a Notice of Determination must be filed with the County Clerk. If the Negative Declaration includes a finding of no adverse effect on wildlife, a Certificate of Fee Exemption4 must be filed with the Notice of Determination. If the project is one of statewide, regional or area - wide concern, the Notice of Determination must also be filed with the Office of Planning and Research. 7th Step: If There Is or May Still Be a Significant Effect: (A) If it is clear at the outset that there will be a significant effect, or if it appears from the Initial Study that the project may have a signi- ficant environmental effect even with mitigating measures, then a draft EIR must be prepared. (B) A draft EIR must also be prepared if members of the public present substantial evidence that the project may have a significant effect on the environment. 8th Step: If an EIR Will Be Prepared: (A) After determining that an EIR will be required for a project, the City must send a Notice of Preparation to each agency with jurisdiction over the project providing the responsible agencies with sufficient information describing the project and the potential environmental effect to enable the responsible agency to make a meaningful response. The Notice of Preparation must also be filed with the County Clerk, who must post the notice for a 30 -day period. 4 The Fish & Game Code ('710.5, et seq.) imposes certain fee requirements on projects that have an adverse effect on wildlife. (B) Before completing a draft EIR, Staff must consult with other agencies having jurisdiction over the project concerning the scope and content of the EIR. 9th Step: After Completion of an EIR: (A). Upon completing a draft EIR, a Notice of Completion must be filed with the Secretary of Resources and notice stating the significant effects on the environment, if any, anticipated as a result of the project and an opportunity to review and comment on the EIR must be given to the public, along with the location at which all the documents referenced in the draft EIR are available for review. The minimum period for public review and comment is 30 days. (B) The draft EIR must be sent to other agencies having jurisdiction over the project, and Trustee Agencies. (C) If the project is one of statewide, regional or area -wide significance, the draft EIR must also be sent to the State Clearinghouse for review. Also, if the draft EIR is sent to the State Clearinghouse for review, the minimum period for public review is increased to 45 days. 10th Step: Public Hearing: A public hearing on the draft EIR may be conducted and must be properly noticed. 11th Step: Final EIR: (A) Staff assembles the final EIR (draft EIR + public and other comments + responses to significant issues raised in the comments). (B) At least 10 days before certifying a final EIR as complete, a proposed written response must be provided to each public agency that commented on the EIR. 12th Step: Certification of EIR: (A) Commission certifies the EIR as being completed in compliance with CEQA, as having been reviewed and considered by the Commission prior to the decision on the project, and as representing the "independent judgment" of the City. (B) Commission reviews and considers the final EIR and makes the findings required by CEQA and the State Guidelines prior to approving the project, including adoption of a mitigation monitoring program (See Footnote 3). No project for which an EIR is required can be approved unless these findings have been made for each significant impact identified in the EIR.5 (C) Commission makes a decision on the project. This can be at the same meeting as the decision on the EIR. 13th Step: If Commission Approves Project for Which EIR Was Prepared: 5 The possible findings are: (1) Changes or alterations have been required in . . . the project which avoid or substantially lessen the significant environmental effects . . . or (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency . . . or (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Guidelines '15091(a). If the Commission makes either finding 2 or finding 3 for any impact identified in the EIR, CEQA requires the Commission to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The Commission cannot approve the project unless it finds that the benefits of the proposed project outweigh the unavoidable adverse environmental effects. This finding is commonly referred to as a "Statement of Overriding Considerations." If the Commission approves the project, a Notice of Determination must be filed with the County Clerk indicating the Commission's decision, and including a statement that an EIR was prepared and certified as required. If the project requires discretionary approval from a state agency the Notice of Determination must also be filed with the Secretary for Resources. THE RALPH M. BROWN ACT The purpose of the Ralph M. Brown Act, Government Code Sections 54950, et seq., is to ensure that the actions of local governmental entities are taken openly and that all of their deliberations are conducted publicly. The Act applies to the Planning Commission. Thus, all Commission actions and deliberations, including those of Commission Committees of more than three members, must be made in public, and all meetings must be open, except for "closed sessions" as defined by Section 54957.6 Under the Brown Act, a meeting is "Any congregation of a majority of members of a.legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains." In plain English, this means that a meeting is any gathering of a majority of Commission members to hear or discuss any item of Commission business or potential Commission business. Neither a decision, nor participation in a discussion, is necessary to turn a gathering into a Brown Act meeting. Unless a gathering of a majority of Commission members falls within one of the limited exceptions to this rule, if a majority of Commission members are in the same room and merely listen to a discussion of Commission business, then they will be participating in a Brown Act meeting that requires notice, an agenda, and a period for public comment. Thus, if a quorum of Commissioners happens to be in attendance at a social or other function, the members should be careful to avoid situations that could be construed as Brown Act violations. In addition, a meeting need not occur all at one time. It can occur in a serial fashion through a series of telephone calls or other communications by which a quorum of the board's membership is involved. As a rule of thumb a quorum of Commissioners should never discuss or appear to discuss commission business outside of a public meeting or a properly convened closed session. The Commission may not take action or discuss any item that does not appear on the posted agenda. There are two existing exceptions to this rule. The first is if the Commission determines that an emergency situation exists. The term "emergency" is limited to work stoppages or crippling disasters. The second exception is if the Commission finds by a two-thirds vote that there is a need to take immediate action on 6 The permissible subjects for closed sessions (which are typically not within the jurisdiction of the Planning Commission) include; meeting with the City Attorney to discuss pending litigation, which includes litigation filed with the courts, threatened litigation and whether the City should initiate litigation, real estate negotiations, labor negotiations and personnel matters, matters of national or public security, and license applications by persons with criminal records. an item and the need for action came to the attention of the local agency subsequent to the agenda being posted. In addition to these exceptions, there are a few new exceptions to the no discussion on non -agenda items rule. Those exceptions are as follows: (1) Members of the Commission may briefly respond to statements made or questions posed by persons during public comment periods. (2) Members of the Commission may ask questions for clarification and provide a reference to staff or other resources for factual information; (3) Members or staff may make a brief announcement, ask a question or make a brief report on his or her own activities. (4) Members may, subject to the procedural rules of the Commission, request staff to report back to the Commission at a subsequent meeting concerning any matter; and (5) The Commission may itself as a body, subject to the rules of procedures of the Commission, takes action to direct staff to place a matter of business on a future agenda. The Commission may not discuss non -agenda items to any significant degree under these exceptions. The comments must be brief. These exceptions do not allow long or wide-ranging question and answer sessions between the public and Commission or between the Commission and staff. When the Commission is considering whether to direct staff to add an item to a subsequent agenda, these exceptions do not allow the Commission to discuss the merits of the matter or to engage in a debate about the underlying issue. According to Section 54959, any member of the Planning Commission who attends a meeting with "wrongful intent and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled . . . "is guilty of a misdemeanor. The criminal penalty is limited to those meetings where "action" is taken. Section 54960 allows the District Attorney or any interested person to commence a civil action in Superior Court to stop or prevent viola- tions or threatened violations of the Brown Act, or to determine whether the Act applies to "actions or threatened future action," and that person may recover the costs of litigation including attorneys' fees. CONFLICTS OF INTEREST Government Code Sections 87100, et seq., require that public officials avoid any serious conflicts of interest when acting in their official capacities. As Commissioners, two aspects of these provisions will affect you. First, you are prohibited from making decisions about any matter in which you have a financial interest. Second, you are required to file a financial disclosure statement annually. Government Code Section 87100 states under what circumstances influencing a governmental decision is prohibited: 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. Section 87103 defines what constitutes a "financial interest": An official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on: (a) Any business entity in which the public official has a direct or indirect investment worth more than two thousand dollars ($2,000). (b) Any real property in which the public official has a direct or indirect interest worth more than two thousand dollars ($2,000). (c) Any source of income, other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided to, received by or promised to the public official within 12 months prior to the time when the decision is made. (d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management. For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official's agents, spouse, or dependent children own directly, indirectly, or beneficially a 10 -percent interest or greater. Obviously, if a Commissioner is applying for a Conditional Use Permit for property the Commissioner owns, that Commissioner should not participate in the decision on the CUP. Section 87103(b). The Commission should be aware, however, that Section 87103(b) also applies to real property that is indirectly affected by a decision of the Commission. There are specific guidelines applicable to a decision that is indirectly affected by a decision: "(e) The effect of a decision is material as to real property in which an official has a direct, indirect or beneficial ownership interest (not including a leasehold interest), if anv of the following applies: (1) The real property in which the official has an interest, or any part of that real property, is located within a 500 foot radius of the boundaries (or the proposed boundaries) of the property which is the subject of the decision, unless the decision will have no financial effect upon the official's real property interest. (2) The decision involves construction of, or improvements to, streets, water, sewer, storm drainage or similar facilities, and the real property in which the official has an interest will receive new or substantially improved services. (3) The real property in which the official has an interest is located outside a radius of 500 feet of the property which is the subject of the decision it is presumed that the decision will not have a reasonably foreseeable financial effect (but it=s a rebuttable presumption) Regulation 18702.3 [emphasis added].' It is the decision of the individual Commissioner whether his or her "financial interest" constitutes sufficient reason to disqualify himself or herself from consideration of a particular matter. It is therefore important that a Commissioner be on the alert to identify at an early stage any real or potential conflicts of interest, and that he or she acts accordingly. Should a Commissioner need assistance in determining whether a conflict exists, the City Attorney's office may be called. With respect to some potential conflicts, it may be necessary to request an opinion from the Fair Political Practices Commission (FPPC). We can provide you with the telephone numbers of appropriate FPPC staff members or place calls on your behalf. Under recent decisions of the FPPC, the fact that a Commissioner relies on the opinion of the City Attorney does not protect that Commissioner from enforcement actions by the FPPC, if the City Attorney's advice was erroneous. Regulations of the Fair Political Practices Commission, found at Title 2, Division 6 of the California Code of Regulations. Members of the Commission may be among those public officials who are required by Government Code Section 87200 to file a statement disclosing investments and interests in real property. If so, staff will provide you with these statements, which must be re -filed annually. The Eight Steps of A Conflict Of Interest Analysis 1. Are you a public official within the meaning of the rules? 2. Are you making, participating in making, or influencing a governmental decision? 3: Do you have an economic interest in the decision? 4. Is your economic interest directly or indirectly involved in the decision? 5. Are the financial impacts on one=s economicinterests considered important (material) enough to trigger a conflict of interest? 6. Is it reasonably foreseeable (substantially likely) that the governmental decision will result in one or more of the materiality standards being met for one or more of your economic interests? 7. Does the Apublic generally@ exception apply? 8. Even if you have a disqualifying conflict of interest, is your participation legally required? 1. Are You A Public Official Within The Meaning Of The Rules? All appointed commissioners are public officials for purposes of a conflict of interest analysis. 2. Are You Making, Participating In Making, Or Influencing A Governmental Decision? Typical activities that fall under this section are deliberating, voting, making recommendations or even communicating to someone who will be involved in the decision -making process. Other activities include responding to public comments, negotiating or researching materials relating to a decision on behalf of a public agencyCwhether or not these activities occur in the context of a public meeting. The issue is whether officials are using their official positions to influence or attempt to influence a governmental decision. If the answer to this question is Ayes,@ go on to step 3. If the answer is Ano,@ then there is no conflict of interest for purposes of the Political Reform Act. 3. Do You Have An Economic Interest In The Decision? There are six different ways in which an official may have an economic interest in a decision: 1. Real Property. Investing $2,000 or more in real property creates an economic interest. The interest may be held by an official, the official=s spouse and children or anyone acting on their behalf. Real property interests can also be created through leaseholds, options and security or mortgage interests in property. 2. Sources of Income. Receiving $500 or more in income from one source within twelve months prior to the decision creates an economic interest. This includes a community property interest in a spouse=s income. 3. Business Investment. An economic interest is created if an official, the official=s spouse or dependent children or anyone acting on their behalf has created an investment worth $2,000 or more in a business entity even if the official does not hold an investment interest or receive income. 4. Business Employment or Management. If a public official serves as a director, officer or partner, trustee, employee or otherwise serves in a management position in a company, an economic interest is created. 5. Gifts. The receipt of gifts of $360 or more in a twelve month period prior to the decision from any one person or organization creates an economic interest regardless of whether the gift -giver is in the agency=s jurisdiction. If an intermediary gave an official the gift, the official has an economic interest in the intermediary. Additionally, if an official has been promised a gift of $360 or more within a twelve-month period prior to the decision, an economic interest has been created. 6. Personal Financial Effect. An official has an economic interest in the official=s own expenses, income, assets or liabilities and those of the official=s immediate family. If the agency=s decision would affect the official personally by causing any expenses, income, assets or liabilities to change in a twelve-month period, the decision has a personal financial effect on the official. - 19 - What Constitutes a Year? The timeline for determining whether you have an economic interest is twelve months preceding the governmental decision in questionCnot the calendar year. If the requirements for having an economic interest are met, proceed to step 4. If the answer is Ano,@ then there is no conflict of interest for purposes of the Political Reform Act. 4. Are Your Economic Interests Directly Or Indirectly Involved In The Decision? If a decision directly affects a public official=s economic interests, a greater risk of bias exists. An indirect effect will pose less of a risk of a bias. The test for whether an interest is directly affected varies according to the type of economic interest involved. Directly Involved. The most general test provides that if one=s economic interest is the applicant or the subject of the decision, one=s economic interest is directly involved. For instance, if the source of income or business entity in which an official has a financial interest initiates a proceeding before the official=s agency, is a named party, or if the decision involves issuing, renewing, approving, denying or revoking a license, permit or other item for that business, the official=s economic interest is directly affected by the decision. Likewise, if the official=s personal finances or a family member=s personal finances are involved, the official=s economic interests are directly involved. Real Property Interests Your real property is directly involved in a decision if your property is within 500 feet of the boundaries or proposed boundaries of the property that is the subject of the decision or if the decision involves one of the following with respect to your property: $ Zoning, rezoning, annexation, de -annexation, sale, purchase, lease, or inclusion in or exclusion from any governmental subdivision of the property; $ Issuance, denial or revocation of a license, permit or other land use entitlement; $ Designation of the survey area, selection of the project area, adoption of the preliminary plan, formation of a project area committee or adoption of the redevelopment plan; or $ Construction of, or improvements to, streets, water, sewer storm drainage or similar facilities and the real property will receive new or improved services (excluding repairs, replacement or maintenance of existing services). Indirectly Involved. Generally, if an official=s economic interest is not the subject of the decision; the official=s economic interest is indirectly involved. Once there is an answer to step 4, proceed to step 5. 5.. What Are The Standards For Determining Whether Your Economic Interests Are Considered Important (Material) Enough To Trigger A Conflict Of Interest? For each economic interest, an official must determine whether the impact of the decision is important enoughCa concept known as Amaterial@Cthat it presents a problem under the Political Reform Act. The standard for materiality varies for each type of economic interest. The answer to step 4 shapes the answer to this question. The rules in this area are complicated. If one has reached this step, the official should consult with the City Attorney who can evaluate the facts. The City Attorneys= advice will also reflect a full examination of the current and relevant authorities, especially since the law in this area frequently changes. A general discussion, though, of the most common situations follows. Note: It does not matter if the financial impact is positive or negative. Even if the impact of the decision an official would make would have a negative impact on the officials interests, a conflict of interest still exists under Political Reform Act. Business Entities. If the business entity in which an official has an economic interest is directly involved in a decision, the effect is considered material if there is any financial effect on the business. Note that there is an exception when the investment is in a Fortune 500 or New York Stock Exchange company and is less than $25,000. State law creates other monetary thresholds. The City Attorney=s office will be able to provide the most relevant and up-to-date information. Sources of Income and Gifts. Any reasonably foreseeable financial effect on a person who is a source of income or giver of a gift to an official, and who is directly involved in a decision before the official=s agency, is deemed material. What If A Decision Affects My Or My Spouse=s Salary? - 21 - General Rule. In most instances, a decision will have a material financial effect on your personal finances if your finances are affected by $250 or more in a twelve- month period. Governmental Salaries. A decision that affects only the salary, per diem or reimbursement to you or your spouse from local, state or federal government is different. The effect is not considered material unless the decision involves actions such as hiring, firing, promoting or taking disciplinary action with a financial sanction against you or a member of your immediate family. The decision will have a material financial effect on you, though, if the decision affects your salary or the salary of your immediate family in a manner that is different from salaries paid to other agency employees in the same job classification or position. Real Property. If a real property interest is directly involved in the decision, the effect is considered material unless an official can prove that the decision will not have an effect on the value of the property. If one=s real property interest is indirectly involved, the effect is presumed not to be material unless there are special circumstances involved that would make the decision have a material financial effect on the property. If an official has a leasehold interest in property that will be directly affected (see step 4), the decision will be considered to have a material effect unless the official can show that the decision will not have an effect on the leasehold (for example, no effect on the termination date of the lease, the amount of rent, the value of sublease rights, or the use or enjoyment of the leased real property). If the leasehold interest will be indirectly affected, the decision will be considered not to have a material effect unless certain conditions would arise (the decision will change the use of the property, affect rent by five percent within any twelve month period or change the termination date of the lease). Once one knows which materiality standard applies to an economic interest, proceed to step 6. 6. Is It Reasonably Foreseeable (Substantially Likely) That The Governmental Decision Will Result In One Or More Of The Materiality Standards Being Met for One Or More Of Your Economic Interests? After evaluating steps one though five above, an official must decide whether it is reasonably foreseeable that the decision will have a material impact on the official=s economic interest. The Fair Political Practices Commission has provided guidance on analyzing foreseeability, which is available on the Commission=s Web site (www.fppc.ca.gov). If it is reasonably foreseeable that one=s economic interest will be materially affected, then the official must proceed to step 7. If it is not reasonably foreseeable that there will be a material financial effect, then the official does not have a conflict of interest under the Political Reform Act. In close situations, it is wise to err on the side of caution. 7. Does The APublic Generally@ Exception Apply? Step 7 is an exception to the conflict of interest rule. If a significant segment of the public would be affected by the agency=s decision in substantially the same manner as a public official would be affected, the exception applies. The thought is that the official will be less biased in these situations. This rule should be closely examined by the City Attorney before being applied, especially since the Fair Political Practices Commission has adopted regulations to determine what a Asignificant segment@ of the public is, depending on the specific facts surrounding the decision. 8. Even If You Have A Disqualifying Conflict of Interest, Is Your Participation Legally Required? Step 8 is another exception to the conflict of interest rule. If the official with the conflict of interest does not participate in the decision, will the agency be prevented from acting in a situation in which it must legally. act? In other words, will the agency lack a quorum and is there no alternative means of making the decision? This rule cannot be used to break a tie, when a quorum can be convened without the conflicted official or when a non -conflicted member of the agency is absent. Again, the City Attorney should closely examine this rule and an official=s situation before this rule is applied. If this exception applies, the conflicted official may participate in the decision. If it does not apply, the conflicted official has a conflict of interest under the Political Reform Act and may not participate. The City of Rolling Hills is a special place to live because of its rural character and one-story, ranch style homes. The development regulations and standards, in turn, are intentionally designed to minimize impact of grading, sustain the native habitat and preserve open space. Residences are intended to blend into the natural environment and not be the focus of attention. The City's unique environment is the result of laws and regulations of two separate and distinct governing entities, the City of Rolling Hills and the Rolling Hills Community Association (RI-ICA). With different duties and responsibilities, each entity maintains and enforces its own rules and regulations. All development projects in Rolling Hills must be reviewed, approved and permitted by both the City and the RHCA. The reviews and approvals are independent of one another. The information contained in this document only pertains to the City. All construction projects in the City require a plan review, building permit and inspection by the County of Los Angeles or Willdan Engineering. What is RAS-1 & RAS-2? These are the two zoning districts in the City of Rolling Hills. Residential Agricultural Suburban Zone 1, or RAS -1, means that the minimum lot size in this district is one acre. Accordingly, Residential Agricultural Suburban Zone 2, or RAS - 2, means that the minimum lot size in this zone is two acres. What are the permitted uses in RAS-1 & RAS-2 zones? 1. Single family residence with a minimum two car garage 2. Tree, bush and field crops 3. Accessory uses What are the required setbacks in the RAS-1 & RAS-2 zones? Front Yard - 50' from road easement line in RAS-1 and RAS-2 Zones Side Yards - 20' from property line in RAS-1 Zone 35' from property line in RAS-2 Zone Rear Yard - 50' from property line in RAS-1 and RAS-2 Zones For corner and lots facing more than one street contact City Hall. What is an Overlay Zoning District (OZD-1)? To encourage reconstruction of existing, older homes in two neighborhoods in the City having smaller lots, where most of the existing homes do not comply with the required setback requirements of the RAS-1 zone, the City allows reduced setbacks. (Section 17.17 of the Zoning Ordinance or contact City Hall). Do other projects qualify for reduced setbacks? Projects consisting of reconstruction of existing homes in the RAS-1 zoning district, located on lots of 1.25 net acres or less with non -complying setbacks may be eligible for reduced setbacks. (Section 17.24.045 of the Zoning Ordinance or contact City Hall). • What is Net Lot Area? Net lot area is the square footage of the lot after deducting the following from the gross lot area: roadway easements, 10' parallel to the roadway easement(s) and 10' parallel to the remaining property lines. All development coverages in the City are calculated based on the net lot area of the lot, not gross. What is Structural Lot Coverage? Structural Lot Coverage is the area of the net lot that is developed with structures. The maximum permitted structural coverage is 20% of the net lot area. What is a Building Pad? A building pad is the area of a lot, not in setbacks, that was graded or is proposed to be graded for placement of improvements. A building pad may not exceed, on the average, a 10% slope. Structural coverage on the building pad should not exceed 30%. There may be more than one building pad on a lot. What is a Setback? A setback is the distance a building or structure must be 'set back' from the property line and in some cases from an easement line in accordance with the City's zoning ordinance. What is Grading? Grading is a man-made alteration of the existing natural ground surface. Soil generated by grading must be balanced on site, except soil from excavation work (i.e., pool, basement). Planning Conunission approval is necessary for cut and fill of 3' or more or if over 2,000 s.f. of surface area is disturbed. A grading permit is required for grading of 50 c.y. or more. What is a Variance? A variance is a special permit issued to a specific property by either the Planning Commission or the City Council to deviate from development standards set forth in the zoning regulations. A variance requires a public hearing and must meet several state -mandated findings. If granted, a variance is usually subject to compliance with certain conditions. What is a Conditional Use Permit? A Conditional Use Permit (CUP) is a special permit issued by the Planning Commission or the City Council, which may authorize land development not routinely allowed on a particular site or in a particular zone. A CUP requires a public hearing and if approved is subject to compliance with certain conditions. What accessory uses and structures are permitted? 1. Barn/Stable /Aviary and similar animal shelters 2. Corral /pen / turnout without grading 3. Greenhouse 4. Gazebo, outdoor barbecue/fireplace/trellis 5. Noncommercial radio antenna 6. Domestic animals (no swine, except up to 2 pot bellied pigs) 7. Aggregate of 3 recreational vehicles/boats/trailers/horse trailers (may be in a driveway but 50' or more from a roadway easement) 8. Solar panel 9. Satellite dish antenna 10. Swimming pool/spa /jet pool/water fountain 11. Playhouse and playground equipment 12. Walls 13. Cabana, recreation room, storage room, hobby shop, guest house 14. Accessory dwelling units (ADUs) and jr. ADUs (Ch. 17.28) 15. Marijuana cultivation of up to 6 plants (indoors only within a max. 100 s.f. area) (Ch. 17.29) Such structures are not permitted in the front yard, or in any setback - except that a barn and corral may encroach 25' into the rear setback. What is Discretionary Review? Discretionary review is a review of a project by the Planning Commission or the City Council to determine compliance with all applicable statutes, ordinances and regulations of the City. The review also requires the exercise of judgment, deliberation, or decision on the part of the Planning Commission and/or the City Council. What is a Site Plan Review? The site plan review process was established to provide discretionary review of certain development projects in the City for the purpose of ensuring that the proposed project is consistent with the City's General Plan and Zoning Ordinance. When is a site plan review required? A site plan review is required for the following projects: 1. Any cut in land form of 3' or higher or any disturbance of land form over 2,000 s.f. of surface area 2. Any new building and structure (except for certain accessory structures and small additions) 3. Expansion, modification, alteration, or repair of any existing residence which (i) triggers grading or (ii) increases the size of the structure by more than 999 s.f. in a 36 -month period 4. Reconstruction of existing house where 50% or more is demolished MAY be subject to a site plan review 5. Lot Line Adjustment 6. Pool/spa/water features 800 s.f. or larger 7. Walls over 3' in height 8. Other accessory structures when the combined area of the existing and proposed structures exceed 800 s.f. What uses require CUP? 1. More than one driveway 2. Cabana, guest house, recreation room, hobby shop, detached garage, mixed use structure over 200 s.f. 3. Horseback riding ring over 7,200 s.f. 4. Game courts 5. Stable over 200 s.f. 6. Corral over 550 s.f. What can be approved administratively, over-the-counter? 1. The construction of a barn/stable up to 200 s.f. 2. Other minor equestrian structures or animal shelters 3. Turnout up to 7,200 s.f.; corral up to 550 s.f. (no grading required) 4. Alteration, expansion, modification, or repair of any existing structures, which are exempt from site plan review, (Chapter .; 17.44 and Section 17.46.020 of the Zoning Ordinance) 5. Swimming pool, up to 799 s.f. 6. Cabana, guest house, recreation room, hobby shop, detached garage, mixed use structure up to 200 s.f. 7. Reconstruction of structures damaged/lost to a fire or other natural disaster 8. All other miscellaneous projects and structures, including porches, patios, driveways, outdoor barbecues and fire places, gazebos, hardscape, drainage devices and other structures, provided the construction does not trigger grading and meets all other requirements of the Zoning Ordinance, and is not a part of a larger project that requires Planning Commission review 9. Accessory dwelling units (ADUs) and jr. ADUs (Ch. 17.28) 10. Marijuana cultivation of up to 6 plants (indoors only within a max. 100 s.f. area) (Ch. 17.29) What is an administrative, over-the-counter review? A review of projects by City Staff, by which the staff confirms whether the project complies with applicable statutes, ordinances, and regulations of the City. When is a soils and geology report required? Soils and geology reports are required for all projects. When is undergrounding of utilities required? If you are planning to upgrade, relocate or increase your electrical panel, enlarge your house, construct a new house or accessory structure, subdivide your property, or lengthen or add electrical lines to your home or accessory structure, you are required to place all of the utility lines to that structure underground. What is the permitted building height? Only a single story structure with height regulated by the RHCA. What type of roof is permitted? Class A roof, non -reflective. (Class A material and assembly). Is a stable and corral required? Each lot has to be developed with a stable and corral or have a minimum of 1,000 s.f. of developable area set aside for a future stable and corral, with appropriate access. What is the minimum required size of stable and corral? The minimum size of a stable is 200 s.f.; the minimum size of the corral is 550 s.f. Vehicular accessway is required but may not be entirely paved. What is the minimum required Residential Building Pad size? The minimum required residential building pad size is 12,000 s.f. (not in setbacks). What is the minimum size home that can be built? The minimum size home one can build is 1,300 s.f. What is the maximum size home that can be built? The maximum size is determined by applying all applicable standards to a lot: including (but not limited to) lot coverage, lot disturbance, height limits, maximum slopes, and setbacks. General Information Where is a copy of Zoning and Building Regulations? For copies of zoning and building regulations contact the City Clerk at City Hall or on the City's website at www.Rolling-Hills.org When and where does the Planning Commission and City Council meet? Planning Commission meets the 3rd Tuesday of each month at 6:30 pm. The City Council meets the 2nd and 4th Monday of each month at 7:00 pm. Meetings are held at City Hall in the Council Chamber. City of Rolling Hills Planning Department 2 Portuguese Bend Road, Rolling Hills, CA 90274 (310) 377-1521 Los Angeles County Building & Safety Department 24320 Narbonne Avenue, Lomita, CA 90717 (310) 534-3760 Willdan Associates 13191 Crossroads Parkway North, Suite 405, Industry, CA 91746-3497 (562) 908-6200 Rolling Hills Community Association 1 Portuguese Bend Road, Rolling Hills, CA 90274 (310) 5446777 Updated 05/2018 Public/Flyers/Development and Planning FAQ Frequently Asked Questions About Development and Planning &et Rota, qiged 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 www.Rolling-Hillls.org Rosenberg's Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg ()FEAGUE° CITIES MISSION AND CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of California's cities. About the League of California Cities Established in 1898, the League of California Cities is a member organization that represents California's incorporated cities. The League strives to protect the local authority and automony of city government and help California's cities effectively serve their residents. In addition to advocating on cities' behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine. ® 2011 League of California Cities. Al! rights reserved. ABOUT THE AUTHOR Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies. TT TABLE OF CONTENTS About the Author ii Introduction 2 Establishing a Quorum 2 The Role of the Chair 2 The Basic Format for an Agenda Item Discussion 2 Motions in General 3 The Three Basic Motions 3 Multiple Motions Before the Body 4 To Debate or Not to Debate 4 Majority and Super -Majority Votes 5 Counting Votes 5 The Motion to Reconsider 6 Courtesy and Decorum 7 Special Notes About Public Input 7 INTRODUCTION The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert's Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert's Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five -member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg's Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg's Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg's Rules in lieu of Robert's Rules because they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be dear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five -member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five -member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision -making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed -upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: • First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond. Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. Ninth, the chair takes a vote. Simply asking for the "ayes" and then asking for the "nays" normally does this. If members of the body do not vote, then they "abstain." Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10 -day notice for all future meetings of this body." Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member's desired approach with the words "I move ... " A typical motion might be: "I move that we give a 10 -day notice in the future for all our meetings." The chair usually initiates the motion in one of three ways: 1. Inviting the members of the body to make a motion, for example, "A motion at this time would be in order." 2. Suggesting a motion to the members of the body, "A motion would be in order that we give a 10 -day notice in the future for all our meetings?' 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion. The basic motion is the one that puts forward a decision for the body's consideration. A basic motion might be: "I move that we create a five -member committee to plan and put on our annual fundraiser:' The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: "I move that we amend the motion to have a 10 -member committee' A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year." "Motions to amend" and "substitute motions" are often confused, but they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a "motion to amend" or a "substitute motion" is left to the chair. So if a member makes what that member calls a "motion to amend," but the chair determines that it is really a "substitute motion," then the chair's designation governs. A "friendly amendment" is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, "I want to suggest a friendly amendment to the motion." The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic "motion to have a five -member committee to plan and put on our annual fundraiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10 -member committee, not a five -member committee to plan and put on our annual fundraiser." And perhaps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would be as follows: First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five -member committee), or if amended, would be in its amended format (10 -member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote. IMMIP111111116mik ,..‘_111111 Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold." The motion can contain a specific time in which the item can come back to the body. "I move we table this item until our regular meeting in October." Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, "I move the previous question" or "I move the question" or "I call the question" or sometimes someone simply shouts out "question." As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a "request" rather than as a formal motion. The chair can simply inquire of the body, "any further discussion?" If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the "question" as a formal motion, and proceed to it. When a member of the body makes such a motion ("I move the previous question"), the member is really saying: "I've had enough debate. Let's get on with the vote." When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. NOTE: A motion to limit debate could indude a time limit. For example: "I move we limit debate on this agenda item to 15 minutes." Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super Majority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven -member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, "I move the previous question," or "I move the question;" or "I call the question," or "I move to limit debate;" it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to dose nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non -club members. A motion to suspend the rules would be in order to allow a non -club member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it's pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five -member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The supple rule of thumb is to count the "no" votes and double that count to determine how many "yes" votes are needed to pass a particular motion. For example, in a seven -member body, if two members vote "no" then the "yes" vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five -member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote "abstain" or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in was. - 1111 California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of"those present" then you treat abstentions one way. However, if the rules of the body say that you count the votes of those "present and voting; then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are "present and voting." Accordingly, under the "present and voting" system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are "present"), but you treat the abstention votes on the motion as if they did not exist (they are not "voting"). On the other hand, if the rules of the body specifically say that you count votes of those "present" then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like "no" votes. How does this work in practice? Here are a few examples. Assume that a five -member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are "present and voting." If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five -member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three "yes," one "no" and one "abstain" also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote. Now, change the scenario slightly. Assume the same five -member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members "present?' Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a "no" vote. Accordingly, if the votes were three "yes," one "no" and one "abstain; then the motion fails. The abstention in this case is treated like a "no" vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. Now, exactly how does a member cast an "abstention" vote? Any time a member votes "abstain" or says, "I abstain; that is an abstention. However, if a member votes "present" that is also treated as an abstention (the member is essentially saying,"Count me for purposes of a quorum, but my vote on the issue is abstain.") In fact, any manifestation of intention not to vote either "yes" or "no" on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote "absent" or "count me as absent?" Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually "absent." That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is "no." There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, "point of privilege." The chair would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear. Order. The proper interruption would be, "point of order?' Again, the chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, "return to the agenda." If a member believes that the body has drifted from the agreed -upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Spedal Notes About Public Input The rules outlined above will help make meetings very public - friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. LEAGUE® OF CALIFORNIA CITIES 1400 K Street, Sacramento, CA 95814 (916)658-8200 I Fax(916)658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8200. $10 © 2011 League of California Cities. All rights reserved. ® Printed on recycled paper. The "Riggins Rules": SUGGESTED DO'S & DON'TS FOR THE CONDUCT OF PUBLIC HEARINGS AND THE. DEPARTMENT OF MEMBERS OF BOARDS, COMMISSIONS, & OTHER BODIES by Fred Riggins 1. Don't accept an appointment or nomination to a Board, Commission, or Council unless you expect to attend 99.9999 percent of the regular and special meetings, including inspection trips, briefings and public functions where your presence is expected. If your participation falls below 85 percent during any six months' period you should tender your resignation. You aren't doing your job. You aren't keeping will enough informed to make intelligent decisions, and you are making other people do your work for you and assume your considerable responsibility. Your effectiveness and the regard given to your opinions by other member will be direct - ration to your attendance. 2. Do create a good impression of city government. Remember that this is the first important contract that many of the people in the audience have had with the administration of their city and for some this is the most important matter in which they have ever been involved. Many will never be back again and many will never have another such contact and experience. (Editors Note: The "Rigging Rules" were brought to my attention by Bev Moody. Bev spent 26 years with the City of Phoenix Planning Department before moving to his current position with the Arizona Department of Commerce. During that time he knew the late Fred Riggins, a former Chairman of the Phoenix Planning Commission and author of theis ."Suggested Do's & Don 'ts " (since readied the "Riggins Rules" in his honor). Bev Moody notes ilia the Riggins Rules have been left just as Fred Riggins wrote them in 1967 "because in their bluff, crusty, no-nonsence s yle, the man himself shines through. " As Bev furtherexplains, "you may notice that Mr. Riggins did not follow the principles of non-sexist language that prevail today... please be forglnving as he was raised in and wrote these in less sensitive times - and it doesn't detract from the good advice he offers." Your performance will create in their minds the picture which they will always carry with them of "the way the city is run." Make it a pleasant and comforting a picture as possible. 3: Do be on time, If the hearing is scheduled at 7:30, the gavel should descend at the exact hour, and the hearing begin, if there is a quorum. If you have to wait ten minutes for a quorum and there are 100 people in the room the straggler has wasted two full working days of someone's time besides creating a very bad beginning for what is a very important occasion for most of those present. 4. Don't dress like a bum. Shave, wear a tie, and remember that a coat is never out of place. The people in the audience think you are a very important person. Don't disappoint them by your appearance, conduct, and attitude. 5. Don't mingle with friends, acquaintances, unknown applicants or objectors in the audience before the meeting or during a recess period, if it can be politely avoided. You will invariably create the impression with the uninformed that there is something crooked going on, especially when you vote favorably on the case of the applicant you were seen conversing with. When the other fellow's case comes up and you deny it, he says, "Well, it's easy enough to see that you've gotta know the right people if you ever expect to get anywhere around here." Save your socializing and fraternizing for some other time and place. 6. Don't discuss a case privately and as a single member of a body with an applicant or objector prior to filing and prior to the hearing if it can be politely avoided. In the event that it is not avoidable, and many times it is not, be very noncommittal, don't be too free with advice, and by all means explain that you are only one member of the body, that you have not had an opportunity to study the matter thoroughly, that you have not seen the staff recommendation, and that you have no way of knowing what opposition there may develop or what will occur at the public hearing. Be certain that the person concerned understands that you cannot commit yourself in any manner, accept to assure him •• that he may expect a fair and impartial hearing. Even if the case looks pretty good to you, it is wise to be pessimistic about his chances of securing approval. If you give him any - encouragement and any advice and he is denied, he will hate you until your dying day and tell everyone in town that he did just exactly what you told him to do and then, like a dirty dog you voted against him. 7. Do your homework Spend any amount of time necessary to become thoroughly familiar with each matter which is to come before you. It is grossly unfair to the applicant and to the City for you to act on a matter with which you have no previous knowledge or with which you are only vaguely familiar. And you will make some horrible and disturbing decisions. 8. Don't indicate by word or action how you intend to vote during the portion of the hearing devoted to presentations by the applicant, presentations by any persons appearing in objection, and comments by members of the staff During this period your body is the judge and the jury and it is no more appropriate for you to express an opinion as to the proper decision, prior to hearing all of the testimony, than it would be for a judge or jury member to announce his firm conviction in the middle of a court trial regarding the guild or innocence of the defendant. This is not clearly understood by a majority of persons sitting on hearing bodies. It is not too difficult to phrase one's questions or comments in a manner that implies that you are seeking information rather than stating an irrefutable fact and that your mind is closed to further argument. One does not say, "I happen to know that the applicant has no intention of placing an apartment building on this site. In fact, it has been sold subject to zoning and the purchaser intends to u a mobile home park here if he can get a special permit." Rather than this, one could say, "We have been furnished with some information which indicates that perhaps your plans are not too firm regarding the development you purpose. In fact, there are some who are concerned about a rumor that the property is being sold and that the new owner planned to put a mobile home park at this location, if he can secure the necessary permit. Would you care to comment on this concern of the neighborhood and tell us if is any truth in this rumor?" The same result is accomplished, the information is brought out and made part of the record and you don't look as if you are leading the attack to secure defeat to the applicant's request. 9. Don't fail to disqualify yourself if either directly or indirectly you have any financial interest in the outcome of the hearing, and let your conscience be your guide where it could be said that moral, ethical, political, or other considerations, such as personal animosity, would not permit you to make a fair and impartial decision. In disqualifying yourself, do not state your reasons inasmuch as the mere stating of your reasons can be construed as exerting undue influence on your fellow member. To avoid all accusations of undue influence, it is generally wise to leave the room and ask that the record show that you,did so and that you did not indicate by work or action whether you were in favor of, or opposed to, the matter under discussion. 10. Do rotate the seating in some regular manner each successive meeting to prevent a "strong" member from gradually dominating a "weak" and indecisive member always seated next to him. This will also prevent the forming of little cliques or a not infrequent grouping of members to the left of the Chair who always opposes those to the right of the Chair, regardless of the merits of the case, to the great detriment of the applicant, the City and other interested parties. • 11. Do be polite and impartial; as helpful as possible to the nervous, the frightened and the uneducated, and patient with the confused 12. Do be attentive. Those appearing before you have probably spent hours and hours preparing and rehearsing their arguments. The least you can do is listen and make them think that you are as interested as you should be. Refrain from talking to other members, passing notes and studying unrelated papers. 13. Don't interrupt a presentation until the question period, except for very short and necessary clarifying remarks or queries. Most applicants have arranged their remarks in a logical sequence and the thing about which you are so concerned will probably be covered if you can force yourself to be quiet for a few minutes. You can wreck his whole case by a long series of unnecessary questions at the wrong time. He will be your enemy forever. 14. Don't permit more than one person at the podium and . • microphone at any one time. 15. Don't permit a person to directly question or interrogate other persons in the audience. All questions should be addressed to the Chair and to the hearing body. When this person has finished his discussion and stated the questions to which he would hie to have answers, then the Chair will permit those who care to make an answer to come forward and do so, but only voluntarily. Do not permit anyone to demand answers to all and sundry questions, especially if it is obviously done for the purposes of harassment. 16. Don't use first names in addressing anyone at all during the course of the hearing. This includes audience, applicants, members of your particular body, even if the person concerned is your brother or your best friend Nothing, repeat nothing creates a more unfavorable impression on the public than this practice. It is poor "hearing manners," destroys the formality of the occasion, and makes the uninformed certain that some sort of "buddy -buddy deal" is about to be consummated. If you just can't bring yourself to call someone Mr. or Mrs. Use the third person form and him "the applicant," or "the person who is objecting," or "the gentleman (or lady)," who is appearing here in connection with this case. 17. Do show great respect for the chair always addressing the Chairman as "Mr Chairman," "The Chairman," or "Chairman Jones," and always wait to be recognized before continuing. • This will set an example for • applicants and others wishing to be heard and will contribute a great deal toward the orderliness of the proceedings. 18. Don't be critical of attorneys who sometimes feel impelled to give unnecessarily lengthy presentations on behalf of their clients. Avoid the strong temptation to make matter as difficult as possible for them. They are just trying to make a living and must convince their clients that they are really earning the rather substantial fee which they feel their service merits. 19. Don't indulge in personalities and don't permit anyone else to do so. 20. Don't try to make the applicant or any other person appearing before you look like a fool by the nature of your questions or remarks. This is often a temptation, especially when it is apparent that someone is being slightly devious and less. than forthright in his testimony. But don't do it. If you must "expose" someone, do it as gently and kindly as possible. 21. Don't become involved in .altercations. Some persons seem to come to hearings with the express purpose of "telling them guys down there how the cow ate the cabbage." If you answer their irrelevant rantings, you are immediately involved in a fight. Don't answer or try to defend yourself. You are there to hear testimony and make decisions based thereon, not to head up a debating society. Remember your the judge and the jury. In most cases, it is sufficient to say, "thank you very much for coming here and giving us the benefit of your thinking. I am sure that the members of this body will find your remarks .serious consideration when they are making their individual determinations on the merits of this case. Is there anyone who wishes to be heard?" 22. Do invite interested persons to come forward where they can see when an applicant is discussing or talking from a diagram, site plan, or exhibit which is not visible to the audience. 23. Do not permit people to speak from the audience. If it is important enough for them to speak at all, it is important enough from them to be recognized, come forward, give their name and address and say what they care to, if their remarks are pertinent. 24. Do not permit people to leave the podium and microphone and approach closer to the hearing body except in unusual circumstances, usually to show a small exhibit or to explain some detail.. This ordinarily breaks down into a small mumbling session at one end of the dais with one or two members of the hearing body, the others are uncertain about what is going on. The conversation usually does not get recorded, cannot be heard by the audience, and is almost impossible to control from the Chair. 25. Don't become involved in neighborhood quarrels or wind up as the referee even if you are a veritable Solomon. No matter how fair or impartial you should be, both sides will be mad at you. Stick to the merits of the case and rule out -of -order • testimony which is irrelevant, personal, hearsay, and not pertinent to the matter being heard. 26. Don't be vindictive and "punish" the applicant for some real or imagined affront to you or your Body on some previous occasion, perhaps bearing no relation to the present hearing. It must be assumed that he is there legally, he has a right to be heard, and he has a right to a fair and impartial hearing on the merits of his present case without reference to something which he might or might not have done in the past or will perhaps do in the future. 27. Don't try to be a hero to beautiful women, little old ladies, a widowed mother with tiny infants in their arms and the financially and socially distressed. Be sympathetic but objective, and don't get carried away with such a strong desire to help that you throw the rule book out the window. Ninety-nine times out of a hundred you will do them some questionable service at the expense of their neighbors or the City and your kind -hearten action will come back to haunt you much sooner than anyone could have imagined. Stick to the rules. 28. Don't assume the role of a fairy godfather to those who have become involved in bad business deals or other self- imposed difficulties. 29. Do not fail to give a reason when making a motion for approval or denial of an applicant's request. If you fa to do this, the applicant, any objectors, a reviewing body o higher authority, or the courts may well assume that your decision was an arbitrary one supported by the facts and should be reversed. Always mention the staff recommendation. 30. Do not take staff recommendations lightly. These recommendations are made after much study by professional people with years of experience in their field and are based on pertinent laws, ordinances, regulations, policies, and practices developed by you and your predecessors. The recommendations of a good staff in possession of all the facts will almost always produce a technically correct recommendation. Your job is to temper this recommendation with information developed during the hearing which was not available to the staff. It is not unusual for staff to voluntarily revers or change the details of its recommendation during the course of a hearing. Always announce the staff recommendation prior to hearing any testimony and always make appropriate mention of it in the final decision. 31. Don't forget that the staff is there to help you in any way possible. It is composed of very capable professional people with vast experience. Lean on them heavily. They can pull you out of many a bad spot if you give them a chance. Or they may just sit and let you stew, if you do not give them the respect which is their due. it Remember that their usual practice is to remain silent unless f they are specifically asked to comment. Most of them consider it presumptuous and not unprofessional to inject any • - unsolicited comments into the hearings. Always ask them to comment prior to the final vote. 32. Don't try to answer technical questions even if you are sure that you know the answer. You probably don't and will wind up looking like a fool. • Refer these matters to the staff That is one of the things they are there for. They have intimate day -by day working experience with all pertinent ordinances and can nearly always give a timely, up -to -the -minutes, professional dissertation on any subject in their field. And besides; it makes them more important and helps create an image of competency which is most helpful in assuring the public that their case has received more than cursory glance and an arbitrary decision. Lay members of a hearing body who "explain" ordinances to the audience usually wind up their less than accurate remarks with the pretty lame comment, "That's the way I understand it and I would appreciate it if the staff would correct me." The staff usually does correct them, and ordinarily at some length. Don't try to show how smart you are, because you're not. 33. Don't try to ease your conscience and toss the applicant a bone by granting him something less than he asked for, something he doesn't want, and something he can't use. In all cases where it is appropriate, give him what he asked for or deny it. To do otherwise will only encourage applicants to ask for the "moon and the stars" in the hope that they will, at the worst, get the minimtun requirements. A reputation for • approving or denying • applicationsas filed will result in much more realistic requests and make you, job much easier. 34. Do vote by roll call except for routine administrative matters. This is wonderful character training for each member of the body and emphasizes the "moment of truth" when he must look the applicant in the eye, make his own individual decision, and say "aye" or "nay" in a loud clear voice, all alone, with no one to hide behind the alternate voting method is difficult for the Secretary to record, doesn't mean anything on a tape recording, is many times quite confusing and gives cowards an opportunity to change their minds and vote twice when they are caught in the minority. 35. Don't show any displeasure or elation, by word or action over the outcome of a vote. This is very bad hearing manners and won't lead to the maintenance of a friendly cooperative spirit among members of a Body: It will lead to the creation of little cliques whose members vote in a block and become more interested in clobbering each other than in making fair and equitable decisions. 36. Do discourage any postmortem remarks by applicant, objectors, or member after the final vote and decision is announced, especially those afterthoughts designed to reopen the case. It will invariably result in an unpleasant wrangle. Just say, "I'm sony, but the final decision has been made. If you wish to submit additional testimony, it will be necessary for you to state your reasons by letter and the Body will decide at a subsequent meeting whether or not they wish to reopen the case. The next case qn the agenda will 37. Do not hesitate to continue a case or take it under advisement if more information or greater deliberation is truly necessary, but do not use these administrative actions merely to avoid or delay making a decision before a hostile applicant or audience. 38. Do sit down and have a long soul searching session with yourself if you find that you are consistently "out in left field" that no one seems inclined to second your profound motions, and that you are quite often a minority of one. You might be theoretically right, and probably are, but give some thought to what is practical, possible and just. Don't be "stiff-necked" in you opinions. Give a little. 39. Don't select chairmen on a seniority basis alone and dont's pass the office along from member to member as a reward and home. The nicest guy in the world, the hardest working, the most interested and your most valuable member can be indescribably horrible in the Chair. This is just one of those facts of life which is hard to explain, but, unfortunately, all too true. As occasion presents itself, give prospective chairmen a chance to preside, head up a subcommittee, report on special projects, and otherwise prepare themselves and demonstrate their abilities and leadership under pressure. eerey Real., qeted INCORPORATED JANUARY 24, 1957 GENERAL INFORMATION Incorporated January 24, 1957 3 Square Miles 30 Miles of Equestrian Trails 28 Miles of Streets (Private) 1,423 Registered Voters2 CITY HALL 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 685 Homes 758 Parcels 1,939 Residentsl General Law City (310) 377-1521 Phone (310) 377-7288 Fax www.Rolling-Hills.org City Hall is open Monday through Friday 7:30 a.m. to 5:00 p.m. however staff have alternate Fridays off. There are no planning hours on Fridays. Over the counter consultation with the Planning Department staff by the agent and the prospective buyer is strongly encouraged prior to purchase of property and prior to construction. CITY COUNCIL — Meets the 2nd and 4th Monday of each month, 7:00 p.m. PLANNING COMMISSION — Meets the 3rd Tuesday of each month, 6:30 p.m. TRAFFIC COMMISSION — Meets the 4th Thursday every other month, 8:30 a.m. ROLLING HILLS COMMUNITY ASSOCIATION 1 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 544-6222 Phone Rolling Hills Community Association is open Monday through Thursday 7:30 a.m. to 4:45 p.m. and on Friday from 7:30 a.m. to 12 noon. ' Department of Finance, Jan. 1, 2018 'Secretary of State; Elections Division, Apr. 6, 2018 } GOVERNMENT FUNCTIONS 5 CITY OF ROLLING HILLS FUNCTIONS: 5 RHCA FUNCTIONS: Implementation of the General Plan and Municipal Code, which includes the zoning, subdivision and construction ordinance Implementation of the Articles of Incorporation, Declaration of Restrictions, and bylaws Development application processing; review, public hearings, approvals and building permits. City contracts for building department functions. Architectural review for all construction f. and building permits (fences, chicken coops, windows, doors, roofs, new 1 structures, etc.) I Code enforcement/nuisance abatement Entry issues, gate passes, gate house 1 operations Landscape review in conjunction with new development including new pool/ spa Landscape review View preservation (advisory only) View preservation Traffic control signs and road striping Maintenance of road easements and trails Animal control/complaints Tree trimming in road easements Sheriff's Department — public safety, traffic enforcement, crime prevention, investigations Tennis courts, gates, riding rings - operation, maintenance and minor repairs Trash collection/recycling Location and permitting of 3 -rail fences Storm water run-off/pollution management; erosion control Some storm drain maintenance Disposal of pool water Road maintenance Implementation of State, County, and Federal programs and regulations New resident address signs Emergency Preparedness/Block Captains Street name signs Twice monthly citywide newsletter Homeowners' dues Outdoor lighting - intensity Outdoor lighting - fixtures Overnight parking along roadways Parking in the easement NOTE: Utilities are the responsibility of the individual provider (e.g. Cal Water, Edison, Gas Company, Frontier (Verizon), AT&T, Sprint, etc.) General information City RHCA gov functions 2018.doc Rev. 05/18 -2- -"*a/Rallaif get,6 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310)-377-1521 FAX (310) 377-7288 THE CITY OF ROLLING HILLS - The City of Rolling Hills is characterized by beautifully wooded deep canyons and hilly terrain located on the Palos Verdes Peninsula in Southern California. The 3 square mile City is an entirely residential private gated community consisting of 685 mostly large estate -size one-story ranch style residences with agricultural and equestrian accessory structures and uses. There are approximately 1,939 people residing in the City. The minimum areas of lots permitted in the City are 1 -acre and 2 -acres in size. However, there are many lots that are smaller than one acre. The surrounding areas consist of undulating hillsides and knolls covered by grasses, andnative mature shrubs and trees, with some areas being heavily wooded. Native birds and animals frequent the area such as sparrows, crows, ravens, raccoons, opossum, skunks, squirrels and an occasional fox. There are 28 miles of private roads and approximately 30 miles of equestrian trails. Each property in the City of Rolling Hills is subject to the laws and regulations of two governing entities: The City of Rolling Hills and the Rolling Hills Community Association, (RHCA). The duties and responsibilities of the City and the RHCA are totally separate and distinct. Each implements its own rules and regulations as a separate entity. All projects must be reviewed and approved by the City and the RHCA. The preservation of natural habitat in the City of Rolling Hills is called out in the City's General Plan and reflected in the .Zoning Ordinance. New development and additions to residences require Site Plan Review public hearings before the Planning Commission. Any construction must minimize grading, preserve terrain and natural drainage courses; be harmonious in scale and mass with the building pad, the natural terrain, and surrounding residences; preserve native vegetation, mature trees, drainage courses, and land forms; and must be convenient and safe for the movement of pedestrians, equestrians,and vehicles. The Planning Commission requires that new or replacement landscaping include native drought tolerant plant materials for all projects and that the landscaping screen the subject project but do not block views from neighboring properties. Easements that vary in width from 10 feet to 25 feet surround each property boundary and are dedicated to equestrian trails and other uses such as utilities and roadways. Easement tree green waste is chipped by the Community Association and used to provide equestrian footing along horse trails. Further, wood chips from privately owned trees are used in this same manner. The Community Association regulates the easements. • All new development projects are required to comply with general planning codes which include requirements for minimum setbacks; maximum structural lot coverage; maximum total lot coverage; maximum guidelines for building pad coverage; maximum disturbed area of a lot; grading where cut and fill soil must be balanced on a construction site, with some exceptions; landscape plans that incorporate and preserve trees and native vegetation and minimize the use of water, but that do not obstruct views; undergrounding of utility lines; repair and/or replacement of roofs; geology, soils and hydrology reports; and a detailed grading and drainage plan. The. City of Rolling Hills contracts with the Los Angeles County Public Works Department and a private consultant, Willdan Engineering, for Building and Safety functions, soils and geology reviews and approvals, septic tank requirements, subdivision reviews and other technical analysis. Building permits for construction are obtained from the County Building and Safety office in Lomita or Willdan Engineering in the City of Industry, after the City and the Association approves the plans. The City contracts with the Los Angeles County Sheriff Department for Public Safety and Traffic issues. Some of the green waste collected in the City is related to fire protection. The City has been designated as being located in the Very High Fire Hazard Severity Zone (VHFHSZ). Fire Department requires that all hazardous flammable vegetation be cleared to the ground for a distance of 30 feet from any structure and to a height of 6 inches for another 100 feet, plus any flammable, dense vegetation and low growing tree branches for another 100 feet of structures. A single franchise hauler, using mini -trucks and scooters for twice -weekly, unlimited, backyard service, collects recyclables, household trash and green waste in the City. Service includes a separate green waste program and a separate recyclables program for the collection of paper, glass, plastic, and cans. In addition, there is a rental bin service for horse manure collection. The residents of the City of Rolling Hills are made aware of and take part in many recycling programs sponsored by the City, surrounding Cities, County and State governments. Facts2018 -2- QUICK FACTS ABOUT ROLLING HILLS. ' • Area: 3 square miles • Average Home Size: Existing homes New (2005) New (2007) New (2012) Approximately 3,650 square feet (not including garages) . Approximately 5,975 square feet (not including garages) I Approximately 6,200 square feet (not including garages) I Approximately 6,640 square feet (not including garages) • Homes: 685 / 758 parcels • Population: (2010) 1,939 • Registered Voters: _.I 1,423 • Private Roads ( 28 miles • Equestrian Trails: 30 miles I • • Zoning Districts: Lot Sizes: ; _ I Residential Agricultural Suburban (RA -S-1 and RA -S,72); —I Overlay Zoning District 1 (OZD-1) within the RAS-1 zone Minimum 1 acre in the RA -S-1 Zone Minimum 2 acres in the RA -S-2 Zone • • Permitted Uses/Structures- primary: Accessory Uses/Structures I I One-story single-family residences; tree, bush and field crops Accessory dwelling units (ADUs); stables, & other agricultural uses; cabana, recreation room, guest house, trellis, solar panels, outdoor kitchen, pool/spa, sports court, �. personal marijuana cultivation (max. 6 plants indoors, Sect. 17.29.050). Many of these uses required a special review and permit from the City (CUP). • Setbacks, Front Yard: 1 50' from front easement line (usually roadway easement line). • Side Yard: 20' from property line in RA -S-1 Zone 35' from property line. in RAS-2 Zone For corner lots -check with staff • Rear Yard: 50' from property line Facts2018 -3- • Structural lot coverage: 20% maximum permitted of net lot area (includes all structures such as residence, garage swimming pools, tennis courts, .porches, trellises and other structures). • Total lot coverage: 35% maximum permitted of net lot area (includes all structures and all flatwork such as pool decks, walkways, and driveways). • Disturbed lot coverage: 40% maximum disturbance permitted of net lot area, (includes existing and proposed disturbance). • Animals (some restrictions apply) There is no limit on number of horses one can keep. All other farm animals may be kept, incl. no more than 2 pot bellied pigs. Other swine is not permitted. • Easements: (Regulated by the RHCA) A minimum of 10' easements are required, (but may vary in width from 10' to 25'), which surround each property boundary for streets, trails, driveways, utilities, drainage facilities, sewers, open space, and/or a combination of these uses. Additionally, the Community Association requires that all easements be kept free of buildings, fences, plantings or other obstructions. 1 • Site Plan Review: Required for grading or any new building or structure (except for some accessory structures) or any expansion of a residence by more than 999 square feet in any 36 - month period. Building Pad Coverage: • Barn and Corral • Undergrounding of utility lines i-- • Roof The Planning Commission has established a guideline of 30% structural coverage. With any addition and construction of a new structure, including a pool, a set aside area for a future barn/corral or construction of a barn/corral is required. —4 Undergrounding of utility lines is required when upgrading electrical service, for any addition and new construction. • Septic Tanks (except for few properties, the City is on Septic Tanks system) Class "A" assembly and "class "A construction roof is required for new roofs or repairs. A new, technologically enhanced septic system may be required for major remodel, additions of bedrooms and/or bathrooms or new construction. Facts2018 -4- • Los Angeles County In compliance and coordinate programs with the County of Municipal Stormwater ; Los Angeles. Best Management Practice Programs Permit: implemented for prevention of storm water pollution. Soil erosion control plans implemented. • Recycling Programs: Twice -weekly backyard commingled trash collection Twice -weekly backyard green waste collection Manure collection 65% of construction and demolition material to be recycled. Hauling permit and verification is required. Yearly Christmas Tree Collection County/City of L.A Household Hazardous Waste Roundups Twice -yearly large item and green waste pickups Publicize Los Angeles County's Reduce, Reuse, Recycle Program Publicize Pollution Prevention Program Publicize Grasscycling and Compost Programs Facts2O18 /Volumes/Public/FLYERS/FACTS 2018.docx -5- i'alle'ef qt.& INCORPORATED JANUARY 24, 1957 Facts About Rolling Hills • Population: 1,911 • General Plan seeks to protect sensitive resources and open space lands, maintaining a balance between preservation and development. • 684 single-family one-story homes, only 16 undeveloped lots remaining with an additional 13 undevelopable lots in the landslide area • Zoning: residential (only) • No public infrastructure: no City - owned or maintained storm drains, roads, sewers, sidewalks • Zoning Code strictly limits grading and disturbance of natural landscape, structural coverage on a lot, and hardscape; 60% of lot cannot be disturbed. Only 35% of the net lot area maybe developed with impervious surfaces, including all structures, patios and other paved areas. NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 • Size: 3 square miles or 1,920 acres • Approximately 50 miles of named trails • 33 Miles of Streets • Minimum lot size: 1 acre; average size: 2.7 acres • No business, industrial, or commercial zoning/use • Homeowners Association controls access into City and maintains roadways; CC&Rs control all easements for roadways, property perimeters and trails. • Storm water from private property drains into largely undisturbed soft bottom canyons; if water reaches City boundaries, it may enter County storm drain system but there is no continuous improved storm drain system throughout the City. • The City's Zoning Code precludes large impervious surfaces. The City encourages use of pervious surfaces when landscaping or installing/ reconstructing driveways, and stable access -ways. • Manure collection and recycling service for horse owners is available through the City's franchise hauler. • New construction and building additions may require advanced OWTS. • LACDHS and LACDPW provide oversight. • Total full time staff: 4 • Part time staff : 2 • Some areas of the City are prone to unstable geology which may limit onsite retention of stormwater beyond that which can be achieved by preserving pervious area and natural topography and vegetation. • 16 homes connected to sewer; all others served by OWTS regulated through City MOU with LARWQCB for waiver from WDRs. • City's annual operating budget: approximately $1.3 million; approximately 75% generated from property taxes Updated 08/2019 ROLE AND RESPONSIBILITIES OF THE PLANNING COMMISSION 2.20.010 Statutory authority --Findings. The City Council finds that the appointment of a Planning Commission in accordance with the provisions of Sections 65,150 of the Government Code of the State of California is necessary and desirable for the purpose of regulating the use of land in the City in order to preserve the physical environment and the human needs of the residents and the owners of land in the City; and the City Council further finds: A. The Planning Commission shall consider all matters presented to it fairly and impartially, recognizing the rights of the applicant as well as its obligation to enforce all zoning ordinances and resolutions adopted by the City Council. B. The development and use of all land within the City should be directed to the continuation of the existing rural open areas surrounding the existing residences in the City, and each new improvement or use of land should be carefully examined to determine what effect the proposed improvement or use of land will have on the terrain, trees and natural flora in the City. C. The granting of variances and conditional use permits shall be carefully scrutinized to protect bridle trails and provide the proper spacing of residences and accessory buildings so as to prevent overconstruction on the lot or parcel to be improved. 17.34.060 Hearings --Investigation. The Planning Commission shall be responsible for investigating, or directing the investigation, of the facts bearing upon an application or similar matter set for hearing. The investigation shall also include an analysis of precedent cases and other relevant information necessary to assure that action on each case is consistent with the purpose of this title and with previous decisions. ROLE: In reviewing development applications, the Planning Commission is charged with certain functions as prescribed by legislative authority. The following.were identified as the Planning Commissions functions: a. Implement the general plan through the administration of zoning and subdivision ordinances. b. Balance new development with the protection of the surrounding environment. c. Review individual projects for consistency with the general plan and all other applicable city ordinance. Evaluate the general characteristics (compatibility, mass, bulk, location, height, and open space) of a development. d. Review projects for site plan, variances and conditional use permits and other discretionary reviews assigned by the legislative body. (i.e. subdivision, lot line adjustment). e. Determine findings to justify recommendation / decision Vote (favor, against, abstain, recuse. f. Recommend development projects to the City Council. g. Consider compatibility with other development. h. Review staff's assessment of conformance with City codes. i. Hold hearings on and act upon discretionary review projects. j. Assist in writing, review and revise, as necessary, zoning and subdivision ordinances. k. Perform other functions, as the legislative body requires, such as conducting studies and preparing plans and ordinances in conformance with the state law. Assist in writing, periodically review, and revise as necessary the general plan. 1. Endeavor to promote the public interest in actions. City staff's function were summarized as follows: a. Stay current on new laws, regulations, and technologies in the planning and development field. b. Advise the Planning Commission on the need to revise plans and ordinances to be consistent with state law. c. Provides guidance to applicants in preparation and submission of plans. d. Review applications for completeness and prepare reports for the Planning Commission. e. Prepare studies and ordinances. f. Respond to complaints regarding development/construction. g. Enforce zoning and building codes. h. Through contracts with Los Angeles County, Building and Safety Department and with Willdan Engineers assure projects are constructed according to plan i. Prepare semi-annual reports to City Council and PC on cases approved over-the-counter (administrative approvals) and list of buidling permits that were issued- that info is from County of LA and Willdan Eng. j. Educate the public regarding City's rules and regulations. We always encourage real estate agents, potential buyers or those already living in the City to visit and talk to us before they commence any work on their property. We have hand-outs, flyers, informational brochures, summaries of regulations at the counter for anyone to pick up. Our web sites has copies of the development applications, policies, ZCode k. 2-3 times per year we give presentation to local realtors on City's regulations. In the past 3-4 years we have invited the RHCA staff to make a presentation. 1. We place articles/information in the city's Newsletter on different development topics, grading requirements, storm water mngmnt, upcoming topics of discussion w/Ping. Comm. m. Code enforcement -by complaint. Staff investigates each complain, by first looking into the existing records to see if anything was permitted on the property and if not, calling the resident to inquire what work is being done. Many such complaints are resolved without having to write a formal letter and are solved by voluntary compliance. Many phone calls are just inquires if the work being done was permitted by City and if building permits were obtained. Those cases that need to be further investigated, it is not unusual to have City's building inspector go and visit the property, per our request. CITY OF ROLLING HILLS PLANNING COMMISSION PUBLIC HEARING PROCEDURE Chair: States purpose of hearing, explains how the hearing will be conducted, and opens hearing. Requests Members to place on the record any Aex parte disclosures.@ Requests Staff Report. Staff: Presents Staff Report. Chair: Requests Members to ask any questions they may have of Staff regarding Staff Report Requests public testimony. Public: Testimony is received. Applicant should go first and should be given time for rebuttal at the end. Chair should instruct those persons testifying that all comments and questions be. directed to the Chair and not to the audience. No dialogues should be permitted. Questions by Commissioners of persons in the audience should be asked before the hearing is closed, preferably when the person is testifying. Comments by Commissioners should be reserved until all testimony is taken and the public portion of the hearing is closed. The Chair may set a time limit for comments by each person testifying and should enforce it even-handedly. Commission: Commission deliberates. Commissioners may ask questions of the applicant or others, but the questions should either seek strictly factual information or ascertain if the applicant will accept certain conditions or changes to the project; this should not be an . opportunity for the applicant or the public to re -argue their position. Chair: When deliberation is concluded, the Chair should close the public hearing and entertain a motion and a second. If a resolution is not provided, the motion should direct staff to return with a resolution at the next meeting. Commission: A vote is taken on the motion. Chair: Announces the outcome of the vote. SAMPLE PUBLIC HEARING SCRIPT "This is the time and place for a public hearing to consider [describe matter]. Once we hear a report from our staff, we will open the hearing for public participation. The applicant will be permitted to speak first, and will be allowed a brief rebuttal after all of the other public testimony. All other speakers will be allowed to speak only once, so please be sure to say everything that you have to say when it comes your turn to speak." "First, do Commissioners have any ex parte disclosures to make?" (Commissioners state any evidence they may have received outside the hearing relating to this matter). "Planning Director, please present your Staff Report." "Does any Commissioner have any questions of staff on this matter?" "We will now open this hearing to the public and listen to public testimony. All questions and comments on this matter should be directed to the Commission, not the audience. Questions will be answered by staff at the close of public testimony. Remember, this will be your only opportunity to comment on this matter tonight." (Chair may accord the applicant more time than is accorded to other speakers. Speakers other than the applicant should be given equal time, but may not yield time to others. Chair and Commissioners should be certain not to demonstrate any favoritism by their manner or speech to any persons involved in the proceeding. If the audience applauds or is boisterous, Chair should caution that this is a business meeting and that those expressions of enthusiasm have no place in a meeting and have no influence on the decisionmaking process. Members of the audience may not make points of information or points of order because they are not members of the legislative body). "Applicant, please make your presentation at this time." . :a "Would anyone else in the audience like to offer testimony on this matter?" "Applicant, do you wish to offer a rebuttal before the public portion of this hearing is closed?" "Do any Commissioners have further questions of the applicant or any of the speakers before the public comment portion of the hearing is closed?" (Limit these to factual inquiries, rather than expressions of opinion). "Would staff please answer questions raised by the public?" .(Staff answers all questions, if any, asked by public during the course of the hearing. If further research is required to answer a question, staff may need to defer to a future meeting). "The public testimony portion of the hearing is now closed." "It is now time for Commission deliberation and discussion." (Commission deliberates and may ask questions of staff, and if necessary, of the applicant). "The chair will now entertain a motion." (If there is no resolution for final action in the Commission's agenda packet, the motion should be to direct staff to return with a resolution of approval/denial). Chair announces the outcome of the vote: "The motion passes on a 5-0 vote, meaning that staff will return at our next meeting with a resolution approving the project." BRIEF INTRODUCTION TO PLANNING: What is Planning Commission The planning commission is a permanent committee made up of five individuals appointed by the city council to review and act on matters related to planning and development. What is Planning It is the implementation/carrying out of the goals and policies set by the City Council and the residents of Rolling Hills that guide the development of the City, control the character and quality of life for its residents and manage growth. City Council sets those goals and policies in a Comprehensive plan for the City, called the General Plan. What is a General Plan General Plan is a comprehensive plan for the City that conveys the vision for development and land uses. The General Plan is normally a very general, broad plan that governs the growth and development of cities. The General Plan is normally updated every 10-15 years and contains State mandated Sections (called Elements), such as land use, housing, open space/recreation, safety, circulation, noise, hazard mitigation and others. What is Zoning Ordinance Zoning Ordinance and similar ordinances establish rules and requirements for development in the City in order to obtain the physical, environmental and social goals in accordance with the General Plan and to assure that the growth and development in the City is orderly, attractive and protect and enhance the rural and equestrian character and natural topographic feature of the City. Zoning Ordinance specifies allowable uses for properties, size restrictions for development, grading restrictions and other development standards. The authority for said regulations is derived from the State of California Constitution and the California Planning and Zoning Law. What is Subdivision Ordinance Subdivision Ordinance is an ordinance providing development standards, rules and regulations regarding the division of real property into two or more lots. The authority for said regulations is derived from State of California Subdivision Map Act. What is the California Environmental Quality Act (CEQA) The California Environmental Quality Act (CEQA) is a State law designed to assure that decisionmakers understand the environmental impacts of a decision before the decision is made. Each City is required to adopt its own local guidelines for implementing CEQA. What is a discretionary approval It is an approval of a project which requires that the Planning Commission ascertain whether or not to approve or deny a project based on the evidence provided and based on compliance with applicable statutes, ordinances and regulations and which also requires the exercise of judgment, deliberation, or decision on the part of the Planning Commission, and/or the City Council. Discretionary projects include conditional use permit, site plan review, variance, subdivision and lot line adjustment. What is administrative project It is the approval of a project by city staff, which requires staff to ascertain that the project complies with applicable statues, rules and regulations of the City. What is the Ralph M. Brown Act The Ralph M. Brown Act (Brown Act) is the California's open meeting law for local agencies. The purpose of the Ralph M. Brown Act, Government Code Sections 54950, et seq., is to ensure that the actions of local governmental entities are taken openly and that all of their deliberations are conducted publicly. The Act applies to the Planning Commission. Thus, all Commission actions and deliberations, including those of Commission Committees of more than three members, must be made in public, and all meetings must be open. Conflict of Interest Government Code Sections 87100, et seq., require that public officials avoid any serious conflicts of interest when acting in their official capacities. two aspects of these provisions affect Commissioners. First, a Commissioner is prohibited from making decisions about any matter in which the Commissioner has a financial interest. Second, a Commissioner is required to file a financial disclosure statement annually. Meetings The Rolling Hills Planning Commission meets on the third Tuesday of each month at 6:30 PM. Filed trips are conducted for all cases, usually in the morning on the day of the regular meeting. The Planning Commission may also hold special meeting and joint meetings with the City Council. Committees and sub committees Three members of the Planning Commission serve on the Committee on Trees and Views on an as needed basis and are selected amongst the Commissioners. From time to time the Planning Commission will form a sub -committee of two members of the Commission to discuss a particular topic, which is then brought to the entire Commission for discussion. Planning Functions: State Law mandates many of the regulations that cities must follow and adhere to. The Zoning and Subdivision Code regulations are intended to provide the Planning Commission with the tools in a discretionary process to evaluate applications fordevelopment or lots division. These tools are for the Commission - individually and then collectively - to impart an opinion on to the compatibility of the proposed project in a neighborhood and with the General Plan. In doing so, the Commission may communicate how a less compatible project can be made more compatible and it may deny projects that meet the strict requirements of the Zoning regulations but are out of character with the neighborhood and General Plan. Role and responsibilities of the Planning Commission Pursuant to State Law and local regulations the following are examples of the Planning Commission's functions: • Implement the general plan through the administration of zoning and subdivision ordinances. • Balance new development with the protection of the surrounding environment. • Review individual projects, such as site plan review, variance, conditional use permit and others for consistency with the general plan and all other applicable city ordinances; hold hearings and act upon discretionary projects. Evaluate the general characteristics (compatibility, mass, bulk, location, height, and open space) of a development, (should be able to read development plans). • Review, hold hearings on and act upon zoning ordinances, maps, and general plan amendments. • Determine findings to justify recommendation for a vote: in favor, against, abstain or recuse. • Recommend development projects and municipal code amendments to the City Council. • Review staff's assessment of conformance with City codes. • Assist in writing, review and revise, as necessary, zoning and subdivision ordinances. • Perform other functions, as required and assigned by the City Council, such as undertaking special planning studies and preparing plans and ordinances in conformance with the state law. • Assist in writing, periodically review, and revise as necessary the general plan. Role and responsibilities of the Planning Staff • Keep up and stay current on new laws and regulations • Prepare reports, does research, provides information to the Planning Commission • Advise the Planning Commission and City Council on the need to revise ordinances or prepare new ordinances • If directed, prepares such ordinances, (w/City Attorney's office input) • Take the ordinances through the public hearing process; first PC and then CC. (Planning Commission reviews and recommends adoption of said ordinances to the City Council by a Resolution. Only those ordinances related to land use are reviewed by the PC) • Respond to pubic inquires regarding rules of development in the City what can/cannot be constructed, the process, how long it takes, etc.. • Provide guidance to applicants regarding their projects, to make their projects work • Review applications for completeness and to assure that meets the zoning code requirements. Research prior requests and City actions and building permit for the property • Take the applications through the public hearing process; notice the public hearing in newspaper and residents w/in 1000'radius; notice the field trip • Prepare staff report with facts and background information on the project • Prepare resolution of approval/denial incorporating required findings of why the project was approve/denied - the state law requires certain findings before a project is approved. Prepare conditions of approval .1' • Monitor the project during construction and responds to complaints, if there are any, from residents regarding the project. If there is a discrepancy between approved plans and what's in the field staff analyzes the issue and takes appropriate action • Monitor drainage issues, storm water management and any discharge of sediments, polluted water from the site, watches over construction methods • Code enforcement (by complaint) • Prepare reports, does research, provides information and assistance to the City Manager, as required • Participate in emergency response in emergencies tty000 k)k)000000 X00000000 +0666bb .abObb bb ` ISVU Planning Commissioner's Glossary The terms in this glossary are adapted from the glossaries contained the previous edition of the Planning Commissioner's Handbook (2000), the Planners Pocket Guide (1992), the Municipal Revenue Sources Handbook (2001) and the General Plan Guidelines (published by the Governor's Office of Planning and Research, 2003). Any errors are the responsibility of the League of California Cities. Abandonment. A cessation of the use of the property by the owner without intent to transfer the property to another or resume the use of the property. Abatement. Reducing or eliminating the degree or intensity of a nuisance or other property -related problem, usually used in connection with zoning code or environmental program enforcement. Abutting. Having property or zone district boundaries in common; for example, two lots are abutting if they have property lines in common. Access. A way of approaching or entering a property. Access includes ingress, the right to enter, and egress, the right to leave. In zoning and subdivision regulations, recorded lots are required to have direct access to a public street or highway or to a private street meeting public standards. This guarantees entry by owners and emergency vehicles. Accessory Building Or Use. An activity or structure on a property that is incidental and subordinate to the main use of a site. Acre Foot. A volume of water one foot deep covering one acre; approximately 326,000 gallons. One acre-foot of water is enough to meet the needs of two typical families for a year. Ad Valorem Tax. A tax assessed based on the dollar value of an item or activity. Typical examples are property and sales taxes. Ad valorem taxes contrast with per -unit taxes, such as alcoholic beverage and cigarette taxes, which are assessed at a fixed dollar per unit purchased. See EXCISE TAx, PARCEL TAx, TAx. Adaptive Reuse. Converting obsolete or historic buildings from their original or most recent use to a new use. For example, an old manufacturing site could be converted into apartments or retail space. Affordable Housing. Housing that is economically feasible for persons whose income level is categorized as very low, low, or moderate within standards set by the California Department of Housing and Community Development or the U.S. Department of Housing and Urban Development. Agenda. A document that specifies what will be discussed at a local agency meeting. Agendas contain a brief, general description of each item the governing body will be addressing. Members of the public may request that an agenda be mailed to them. Local agencies generally cannot discuss and make decisions on items that are not on the agenda. See California Government Code section 54950. Agricultural Preserve. Land designated for agriculture. See WILLIAMSON ACT. Air Rights. The right granted by a property owner to a buyer to use space above an existing right-of-way or other site, usually for development. Ambient. Surrounding on all sides; used to describe measurements of existing conditions with respect to traffic, noise, air and other environments. Amortization. The process by which nonconforming uses and structures must be discontinued or made to conform to requirements of the current zoning ordinance at the end of a specified period of time. Anchor Tenant. The major store or stores within a shopping center. • 119 Planning Commissioner's Handbook League of California Cities Annexation. Incorporating a land area into an existing district or municipality, with a resulting change in the boundaries of the annexing jurisdiction. See DETACHMENT. Appeal. When a person believes a decision was made in error, an appeal may be filed so that a higher decision -making body can review the case. Approach Zone. The air space at each end of a landing strip that defines the glide path or approach path of aircraft as they land. See CLEAR ZONE, OUTER APPROACH ZONE, TRANSITION - ZONE. Appropriation. A legal authorization granted by the governing body to expend monies, and incur obligations for specific purposes. See EXPENDITURE. Aquifer. An underground, water -bearing layer of earth, porous rock, sand, or gravel, through which water can seep or be held in natural storage. Aquifers generally hold sufficient water to be used as a water supply. See GROUNDWATER. Arable. Land capable of being cultivated for farming. Architectural Control; Architectural Review. Regulations and procedures requiring the exterior design of structures to be suitable, harmonious, and in keeping with the general appearance, historic character, and/or style of surrounding areas. A process used to exercise control over the design of buildings and their settings. See DESIGN REVIEW. Arterial. A roadway that provides intra-community travel and access to the countywide highway system, characterized by medium -speed (30-40 mph) and medium -capacity (10,000- 35,000 average daily trips). Access to community arterials should be provided at collector roads and local streets, but direct access from parcels to existing arterials is common. See COLLECTOR, STREETS, TRIP. Assessed Valuation. The value at which property is appraised for tax purposes. See PROPERTY TAX. Assessment District. See BENEFIT ASSESSMENT DISTRICT. Assisted Housing. Generally multifamily rental housing, but sometimes single-family ownership units, whose construction, financing, sales prices, or rents have been subsidized by federal, state, or local housing programs. Attainment. Compliance with state and federal ambient air quality standards within an air basin. See NON -ATTAINMENT. Base Flood. In any given year, a 100 -year flood that has a one percent likelihood of occurring, and is recognized as a standard for acceptable risk. See FLOOD, 100 -YEAR. Below -market rate (BMR). (1) Any housing unit specifically priced to be sold or rented to low- or moderate -income households for an amount less than the fair -market value of the unit. Both the State of California and the U.S. Department of Housing and Urban Development set standards for determining which households qualify as "low-income" or "moderate -income." (2) The financing of housing at less than prevailing interest rates. Benefit Assessment Bonds. Bonds levied by cities, counties and special districts to acquire or construct public improvements that convey a special benefit to a defined group of properties. Benefit Assessment District. A defined area that receives a special benefit from the construction of one or more public facilities. A Benefit Assessment District is a financing mechanism for providing public infrastructure as allowed under various statutes. Bonds may be issued to finance the improvements, subject to repayment by assessments charged against the benefiting properties. Creation of a Benefit Assessment District enables property owners in a specific area to cause the construction of public facilities or to maintain them (for example, a downtown, or the grounds and landscaping of a specific area) by contributing their fair share of the construction or installation and operating costs. Benefit Assessment. Charges levied on parcels to pay for public improvements or services provided within a pre- determined district or area according to the benefit the parcel receives from the improvement or services. Berm. A mound of earth usually 2 to 6 feet high designed to shield and buffer uses like parking areas. Also used to minimize water run-off. Bicycle Lanes, Paths and Routes; Bikeways. A bicycle lane is a corridor expressly reserved for bicycles, existing on a street or roadway in addition to any lanes for use Sy motorized vehicles. A path is a paved route not on a street or roadway and expressly reserved for bicycles traversing an otherwise unpaved area. Bicycle paths may parallel roads but typically are separated from them by landscaping. A bicycle route is a facility shared with motorists and identified only by signs, a bicycle route has no pavement markings or lane stripes. The term bikeways encompasses bicycle lanes, bicycle paths, and bicycle routes. Biotic Community. A group of living organisms characterized by a distinctive combination of both animal and plant species in a particular habitat. Blight. A condition of a site, structure, or area that may cause nearby buildings and/or areas to decline in attractiveness and/or utility. The Community Redevelopment Law contains a definition of blight used to determine eligibility of proposed redevelopment project areas. See California Health and Safety Code sections 33031 and 33032. League of California Cities Glossary Bond. A certificate of debt issued by an entity, guaranteeing payment of the original investment, plus interest, by a specified future date. See DEBT INSTRUMENT. Brown Act. The California's open meeting law for local agencies. The Brown Act imposes certain requirements for agendas, public comments, and other aspects of public meetings. See California Government Code sections 54950 and following. Brownfield. An area with abandoned, idle, or under -used industrial and commercial facilities where expansion, redevelopment, or reuse is complicated by real or perceived environmental contamination. Buffer Zone. A strip of land zoned to separate incompatible land uses. Where a commercial district abuts a residential district, for example, additional use, yard, or height restrictions may be imposed to protect residential properties. The term may also be used to describe any zone that separates two unlike zones like a multifamily housing zone between single-family housing and commercial uses. Building Code. Standards.adopted by the state governing the construction, alteration, demolition, occupancy, or other use of buildings used for human habitation. The state regulations are substantially the same as those contained in the most recent editions of the Uniform Building Code, Uniform Housing Code, Uniform Plumbing Code, Uniform Mechanical Code and the National Electric Code. Local governments may have stricter standards under certain circumstances. See California Health and Safety Code sections 17921-17922. See also UNIFORM BUILDING CODE, UNIFORM HOUSING CODE. Building Coverage. The amount of a lot that is covered by buildings, usually expressed as a percentage. Building Envelope. The space remaining on a site for structures after all building setback, height limit, and bulk requirements have been met. Building Official. The person responsible for the administration and enforcement of the building, housing, plumbing, electrical and related codes. Build -out. Development of land to its full potential or theoretical capacity as permitted under current or proposed planning or zoning designations. See CARRYING CAPACITY. Busway. A vehicular right-of-way reserved exclusively for buses. California Environmental Quality Act (CEQA). A state law requiring state and local agencies to regulate activities with consideration for environmental protection. If a proposed activity has the potential for a significant adverse environmental impact, an Environmental Impact Report (EIR) must be prepared and certified as to its adequacy before taking action on the proposed project. See ENVIRONMENTAL IMPACT REPORT. Caltrans. California Department of Transportation. Capital Improvements Program (CIP). A program established by a city or county government and reviewed by its planning commission, which schedules permanent improvements, usually for a minimum of five years in the future, to fit the projected fiscal capability of the local jurisdiction. The program generally is reviewed annually, for conformance to and consistency with the general plan. Capital Outlay. Expenditures which result in the acquisition of, or addition to fixed assets. See DEBT FINANCING, PAY As You Go, PAY As You USE. Carrying Capacity. Used in determining the potential of an area to absorb development. (1) The level of land use, human activity, or development for a specific area that can be accommodated permanently without an irreversible change in the quality of air, water, land, or plant and animal habitats. (2) The upper limits of development beyond which the quality of human life, health, welfare, safety, or community character within an area will be impaired. (3) The maximum level of development allowable under current zoning. See BUILD -OUT. Census. The nationwide population count conducted every 10 years by the U.S. Census Bureau. Census Tract. Small portions of populated areas in which data is collected for statistical purposes during a census. Central Business District (CBD). The major commercial downtown center of a community. General guidelines for delineating a downtown area are defined by the U.S. Census of Retail Trade, with specific boundaries being set by the local municipality. Certificate of Compliance. (1) Sometimes used synonymously with Certificate of Occupancy. (2) Also refers to a certificate issued under the Subdivision Map Act when a division of property is in compliance with the Map Act and local subdivision ordinances. (3) Less commonly, may also refer to an enforcement device used to inform others (like a potential purchaser) that a property does not comply with local codes and details what must be changed to bring the property back into compliance. Certificate of Occupancy. An official certification that a building or place conforms to the provisions of the zoning and building codes, and therefore may be used or occupied. Permits are necessary for new construction and alterations to existing structures. A structure cannot be occupied without a certificate of occupancy. 121 z c7 z X 0 0 LEGAL ISSUES FISCAL ISSUES GLOSSARY & APPLICATION REVIEW Planning Commissioner's Handbook League of Califor 122 Channelization. (1) The straightening and/or deepening of a watercourse for purposes of storm -runoff control or ease of navigation. Channelization often includes lining of stream banks with a retaining material like concrete. (2) At the intersection of roadways, the directional separation of traffic lanes through the use of curbs or raised islands that limit the paths that vehicles may take through the intersection. Charter City. A city that is incorporated under its own charter rather than the general laws of the state. Charter cities have broader powers than do general law cities in matters that are "municipal affairs" (as opposed to matters of "statewide concern"). Clear Zone. That section of an approach zone of an airport where the plane defining the glide path is 50 feet or less above the centerline of the runway. The clear zone ends where the height of the glide path above ground level is above 50 feet. Land use under the clear zone is restricted. See APPROACH ZONE, OUTER APPROACH ZONE, TRANSITION ZONE. Clustered Development. Development in which a number of dwelling units are placed in closer proximity than usual, or are attached, with the purpose of retaining an open -space area. Collector. A street that provides circulation within and between neighborhoods, characterized by relatively low speed (25-30 mph) and low volume (5,000-20,000 average daily trips). Collectors usually serve short trips and are intended for collecting trips from local streets and distributing them to the arterial network. See ARTERIAL. Common Open Space. Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use of the residents of the development. Community Care Facility. Housing for the elderly licensed by the California Department of Social Services, typically for residents who are frail and need supervision. Services normally include three meals daily, housekeeping, security and emergency response, a full activities program, supervision in the dispensing of medicine, personal services like assistance in grooming and bathing, but no nursing care. Sometimes referred to as residential care or personal care. Community Development Block Grant (CDBG). A grant program administered by the U.S. Department of Housing and Urban Development on a formula basis for entitlement communities and by the California Department of Housing and Community Development for non -entitlement jurisdictions. This grant allots money to cities and counties for housing rehabilitation and community development, including public facilities and economic development. Community Facilities District. Under the Mello -Roos Community Facilities Act of 1982 (California Government Code sections 53311 and following), a legislative body create within its jurisdiction a special tax district that c finance tax-exempt bonds for the planning, design, acquisition, construction, and/or operation of public fa as well as public services for district residents. Special t; levied solely within the district are used to repay the bo See MELLO-ROOS BONDS. Community Noise Equivalent Level (CNEL). A 24 -hot energy equivalent level derived from a variety of single - events, with weighting factors of 5 and 10 dBA applied evening (7 p.m. to 10 p.m.) and nighttime (10 p.m. to periods to allow for greater sensitivity to noise during t hours. See DAY -NIGHT AVERAGE SOUND LEVEL, DBA, DEC] Community Park. Land with full public access intende( provide recreation opportunities beyond those supplied neighborhood parks. Community parks are larger in so than neighborhood parks but smaller than regional par. NEIGHBORHOOD PARK, REGIONAL PARK. Community Redevelopment Agency (CRA). A local ag( created under California Redevelopment Law (Californi Health and Safety Code sections 33000 and following), local legislative body that has been elected to exercise th powers granted to such an agency, for the purpose of planning, developing, re -planning, redesigning, clearing reconstructing, and/or rehabilitating all or part of a spei area with residential, commercial, industrial, and/or put (including recreational) structures and facilities. The redevelopment agency's plans must be compatible with adopted community general plans. Community Service District (CSD). A geographic sub-; a city or county used for the planning and delivery of pE recreation, and other human services based on an assess of the service needs of the population in that sub -area. 1 is a taxation district with independent administration. Compatibility. The characteristics of different uses or activities that permit them to be located near each other harmony and without conflict. The designation of perm and conditionally permitted uses in a zoning district is intended to achieve compatibility. Some elements affecti compatibility include intensity of occupancy as measure. dwelling units per acre; pedestrian or vehicular traffic generated; volume of goods handled; and environmental effects like noise, vibration, glare, air pollution, or radiat Concurrency. Installation and operation of facilities and services needed to meet the demands of new developmei simultaneous with the development. See GROWTH MANAGEMENT, CONGESTION MANAGEMENT PLAN. Condemnation. The exercise by a public agency of the ri eminent domain. See EMINENT DOMAIN, TAKING. League of California Cities Glossary Conditional Use. A use that may locate within a zone only upon taking measures to address issues that may make the use detrimental to the public health, safety and welfare and will not impair the integrity and character of the zoned district. See CONDITIONAL USE PERMIT, PERMITTED USE. Conditional Use Permit (CUP). A discretionary permit issued by a hearing body to allow a conditional use that may or may not be allowable under the zoning code. The hearing body either approves the permit, subject to conditions, or denies such use for cause. Each application is considered on its individual merits. Condominium. A structure of two or more units, the interior spaces of which are individually owned; the balance of the property (both land and building) is owned in common by the owners of the individual units. Congestion Management Plan (CMP). A mechanism employing growth management techniques, including traffic level of service (LOS) requirements, standards for public transit, trip reduction programs, and capital improvement programs for the purpose of controlling and/or reducing the cumulative regional traffic impacts of development. See CONCURRENCY, GROWTH MANAGEMENT, LEVEL OF SERVICE (TRAFFIC). Conservation Easement. A partial interest in land that severs the right to develop the land from its basic use, like low - density uses, open space or agriculture. The right to develop the land is usually held by a land trust or other entity that monitors the land and enforces the terms of the easement. The underlying owner of the land can continue to use the land according to the terms of the easement. See EASEMENT. Consumer Price Index (CPI). A statistical description of price levels provided by the U. S. Department of Labor. The change in this index from year to year is used to measure the cost of living and economic inflation. Cooperative. A group of dwellings or an apartment building that is jointly owned by the residents, the common ownership including the open space and all other parts of the property. The purchase of stock entitles the buyer to sole occupancy but not the individual ownership of a specified unit. Council of Governments. (COG). A Regional planning agency. A COG board is made up of representative elected officials from the cities and counties within the region. Primary functions include determining how the regional housing needs assessment numbers will be distributed between communities within the region and where certain transportation investments will be made. See REGIONAL HOUSING NEEDS PLAN. Covenant. A private legal restriction that places a burden on a parcel of land in favor of another parcel. The restriction is recorded in the deed. Covenants are most commonly used in the establishment of a subdivision to restrict the use of all individual lots in the development to a certain type of use (like single-family units), but may also be used to guarantee views and solar access. Covenants, Conditions, and Restrictions (CC&Rs). A term used to describe restrictive limitations —usually recorded as covenants —that may be placed on property and its use, and which usually are made a condition of holding title or lease. They are intended to preserve the physical nature and character of the development. Critical Facility. Facilities housing or serving many people, that are necessary in the event of an earthquake or flood, like hospitals, fire, police, and emergency service facilities, utility "lifeline" facilities, like water, electricity, and gas supply, sewage disposal, and communications and transportation facilities. Cul-de-sac. A short street or alley with only a single means of ingress and egress at one end and with a large turnaround at its other end. Cumulative Impact. As used in the California Environmental Quality Act, the total impact resulting from the accumulated impacts of individual projects or programs over time. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Curb Cut. A ramp opening in a curb where vehicles or wheel chairs may enter or leave the roadway. The transition area between the curb and the ramp curb is called the "curb return." Day -Night Average Sound Level (Ldn). The A -weighted average sound level for a given area (measured in decibels) during a 24 -hour period with a 10 dB weighting applied to night-time sound levels. The Ldn is approximately numerically equal to the Community Noise Equivalent Level for most environmental settings. See COMMUNITY NOISE EQuWALENT LEVEL. dBA. The "A -weighted" scale for measuring sound in decibels; weighs or reduces the effects of low and high frequencies in order to simulate human hearing. Every increase of 10 dBA doubles the perceived loudness though the noise is actually ten times more intense. Debt Financing. Issuance of bonds and other debt instruments to finance municipal improvements and services. Debt Instrument. Written pledge to repay debt such as bills, notes and bonds. See BOND. Debt Service. Payment of principal and interest on long-term indebtedness. Decibel (dB). A unit of sound pressure (abbreviated as dB) that is used to express noise level. The reference level is a sound pressure of 20 micro newtons per square meter. Zero decibels, the starting point of the scale, is about the level of the 123 Planning Commissioner's Handbook League of California Cities 124 weakest sound that can be heard by someone with very good hearing in an extremely quiet location. Typical examples of noise levels would be 50 decibels in an average residence; 90 decibels for someone standing 20 feet from a subway train; and 120 decibels if standing 200 feet from a jet. Dedication. Property that is transferred from an owner to a public agency to be used for roads, parks, school sites or other public uses. Dedication requirements are often imposed as a condition of a tentative map, parcel map or as a condition of development. See CONDITIONAL USE, IN -LIEU FEE, PARCEL MAP, TENTATIVE SUBDIVISION MAP. Deed Restriction. A private legal restriction on the use of land recorded in the deed. The restriction burdens or limits the use of the property in some way. See COVENANT, EASEMENT. Defensible Space. (1) In firefighting and prevention, a 30 -foot area of non-combustible surfaces separating urban and wild land areas. (2) In urban areas, open -spaces, entry points, and pathways configured to provide maximum opportunities to rightful users and/or residents to defend themselves against intruders and criminal activity. Deficiency Plan. An action program for improving or preventing the deterioration of level of service on the Congestion Management Agency street and highway network. See CONGESTION MANAGEMENT PLAN, LEVEL OF SERVICE (TRAFFIC). Density Bonus. The allocation of development rights that allows a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned. A housing development that provides 20 percent of its units for lower -income households, ten percent of its units for very -low income households, or 50 percent of its units for seniors is entitled to a density bonus and other concessions. See California Government Code section 65915. Density Transfer. A way of retaining open space by concentrating densities —usually in compact areas adjacent to existing urbanization and utilities —while leaving unchanged historic, sensitive, or hazardous areas. In some jurisdictions, for example, developers can buy development rights of properties targeted for public open space and transfer the additional density to the base number of units permitted in the zone in which they propose to develop. See TRANSFER OF DEVELOPMENT RIGHTS. Density. The average number of families, persons, housing units, jobs or other use per unit of land; usually density is expressed "per acre." Densities specified in the general plan may be expressed in units per gross acre or per net developable acre. Thus, the density of a development of 300 units occupying 40 acres is 7.5 units per acre. Gross density includes the area necessary for streets, schools and parks. Net density does not include land area for public facilities. Design Review; Design Control. The comprehensive evaluation of a development and its impact on neighboring properties and the community as a whole, from the standpoint of site and landscape design, architecture, materials, colors, lighting, and signs, in accordance with a set of adopted criteria and standards. "Design Control" requires that certain specific things be done and that other things not be done. Design Control language is most often found within a zoning ordinance. "Design Review" usually refers to a system set up outside of the zoning ordinance, whereby projects are reviewed against certain standards and criteria by a specially established design review board or committee. See ARCHITECTURAL CONTROL. Detachment. Withdrawal of territory from a special district or city; the reverse of annexation. See ANNEXATION. Detention Dam. Detention dams are constructed to retard flood runoff and minimize the effect of sudden floods. Detention dams fall into two main types. In one type, the water is temporarily stored and released through an outlet structure at a rate that will not exceed the carrying capacity of the channel downstream. Often, the basins are planted with grass and used for open space or recreation in periods of dry weather. The other type, most often called a retention pond, allows for water to be held as long as possible and may or may not allow for the controlled release of water. In some cases, the water is allowed to seep into the permeable banks or gravel strata in the foundation. This latter type is sometimes called a water -spreading dam or dike because its main purpose is to recharge the underground water supply. Detention dams are also constructed to trap sediment. These are often called debris dams. See STORMWATER DETENTION. Developable Land. Land that is suitable as a location for structures and that can be developed free of significant impact on natural resource areas. Development Agreement. A legislatively approved contract between a jurisdiction and a person having legal or equitable interest in real property within the jurisdiction that "freezes" certain rules, regulations, and policies applicable to development of a property for a specified period of time, usually in exchange for certain concessions by the owner. See California Government Code section 65865. Development Fees. This is a fee or charge imposed on developers to pay for the costs to the community of providing services to a new development. It is a means of providing a fund for financing new public improvements without resorting to deficit financing. Discretionary Project. Under the California Environmental Quality Act and generally, an activity which requires the public agency to exercise judgment in deciding whether or not to LISISL League of California Cities Glossary approve or deny a project, as opposed to an administrative action. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Documentary Transfer Tax. Also called Real Property Transfer Tax, this tax is imposed on the transfer of ownership in real estate at a rate of $0.55 per $500.00 of property value. Down -Zoning. A change in the zoning classifications of land to a classification permitting development that is less intensive or dense, like from multifamily residential to single-family residential or from commercial to residential. A change of zoning in the opposite direction is referred to as up -zoning. See ZONING. Due Process (of Law). A requirement that legal proceedings be conducted fairly. Such protections may include, depending on the proceeding, the right to be heard, the right to rebut evidence, that sufficient evidence is presented to reach an informed option, and that conflicts of interest have been avoided. Earmarked funds. Funds that have been tagged or "earmarked" for a specific purpose. See GENERAL FUND. Easement. Usually the right to use property owned by another for specific purposes or to gain access to another property. For example, utility companies often have easements on the private property of individuals to be able to install and maintain utility facilities. Effluent. A discharge of pollutants, with or without treatment, into the environment. Emergency Shelter. A facility that provides immediate short- term housing and supplemental services for the homeless. Shelters come in many sizes, but an optimum size is considered to be 20 to 40 beds. Supplemental services may include food, counseling, and access to other social programs. See TRANSITIONAL HOUSING. Eminent Domain. The right of a public entity to acquire private property for public use upon the payment of just compensation. See TAKING. Emission Standard. The maximum amount of pollutant that can legally discharged from a single source, either mobile or stationary. Encroachment. Any obstruction or protrusion into a right of way or adjacent property, whether on the land or above it. Encumbrance. An anticipated expenditure committed for the payment of goods and services not yet received or paid for. Endangered Species. Animal or plant species designated as endangered under federal or state law, whose prospects for survival and reproduction are in immediate jeopardy from one or more causes. See HABITAT CONSERVATION PLAN. Environment. Under the California Environmental Quality Act, "the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance." See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Environmental Impact Report (EIR). A report required pursuant to the California Environmental Quality Act that assesses all the environmental characteristics of an area, determines what effects or impacts will result if the area is altered or disturbed by a proposed action, and identifies alternatives or other measures to avoid or reduce those impacts. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, INITIAL STUDY. Environmental Impact Statement (EIS). Under the National Environmental Policy Act, a statement on the effect of development proposals and other major actions that significantly affect the environment. See NATIONAL ENVIRONMENTAL POLICY ACT. Environmental Justice. The fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. See California Government Code section 65040.12. Erosion. (1) The loosening and transportation of rock and soil debris by wind, rain, or running water. (2) The gradual wearing away of the upper layers of earth. Exaction. A contribution or payment required as an authorized precondition for receiving a development permit; usually refers to mandatory dedication (or fee in lieu of dedication) requirements found in many subdivision regulations. See DEDICATION, IN -LIEU FEE. Excise Tax. Tax placed on a person for a voluntary act, making the tax avoidable. Includes sales and use tax, business license tax, transient occupancy tax, utility users tax, etc. Phrase "excise tax" is most commonly used to refer to a parcel tax. See AD VALOREM TAX, PARCEL TAX, TRANSIENT OCCUPANCY TAX, UTILITY USERS TAX. Expansive Soils. Soils that swell when they absorb water and shrink as they dry. Expenditure. The actual payment for goods and services. See APPROPRIATION. Expressway. A divided multi -lane major arterial street for through traffic with partial control of access and with grade separations at major intersections. See ARTERIAL, FREEWAY, PARKWAY. Exurban Area. The region that lies beyond a city and its suburbs. 125 Planning Commissioner's Handbook League of California Citie -)I Fair Market Rent. Amount of rent, including utility allowances, determined by the U.S. Department of Housing and Urban Development for purposes of administering the Section 8 Existing Housing Program. See SECTION 8 RENTAL ASSISTANCE PROGRAM. Family. (1) Two or more persons related by birth, marriage, or adoption (U.S. Bureau of the Census). (2) An individual or a group of persons living together who constitute a bona fide single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind (California). See HOUSEHOLD. Farmers Home Administration (FmHA). A federal agency that provides loans and grants for improvement projects and low-income housing. Fault. A fracture in the earth's crust forming a boundary between rock masses that have shifted. Feasible. Capable of being accomplished in a successful manner within a reasonable time taking into account economic, environmental, social, and technological factors. Fee Interest. Entitles a landowner to exercise complete control over use of land, subject only to government land use regulations. Fees. Also known as monetary exactions, fees require project proponents to pay certain amounts in order to have their applications processed (the fees reimburse the agency for the expenses of processing the application). Fees also may be assessed to mitigate the impact of a proposed development on the community (for example, school facilities fees to help expand the schools to assure they have enough capacity for the demand created by a new housing development). State law closely regulates the adoption, levy, collection and challenge to development fees imposed by a local public agency. It applies to both fees imposed on a broad class of projects by legislation of general applicability and fees imposed on a project -specific basis. See EXACTION, IMPACT FEE. Field Act. Legislation, passed after a 1933 Long Beach earthquake that collapsed a school, that established more stringent structural requirements and standards for construction of schools than for other buildings. See California Education Code sections 17280; 81130 and following. Final Subdivision Map. A map of an approved subdivision filed in the county recorder's office. It usually shows surveyed lot lines, street right-of-ways, easements, monuments, and distances, angles, and bearings, pertaining to the exact dimensions of all parcels, street lines and so forth. See TENTATIVE SUBDIVISION MAP, PARCEL MAP. Finding. A determination or conclusion based on the evidenc( presented to a hearing body in support of its decision. When ii presents its decision, the body is often required to demonstratf in writing that the facts presented in evidence support its decision in conformance with the law. Fire Hazard Zone. An area where, due to slope, fuel, weather, or other fire -related conditions, the potential loss of life and property from a fire necessitates special fire protection measures and planning before development occurs. Fiscal Impact Analysis. A projection of the direct public costs and revenues resulting from population or employment change to the local jurisdiction(s) in which the change is taking place. Enables local governments to evaluate relative fiscal merits of general plans, specific plans, or projects. See GENERAL PLAN, SPECIFIC PLAN. Fiscal Year. The period designated for the beginning and ending of financial transactions. Nearly all agency fiscal years begin on July 1 and end June 30 of the following year. Flood Insurance Rate Map (FIRM). For each community, the official map on which the Federal Insurance Administration has delineated areas of special flood hazard and the risk premium zones applicable to that community. Flood, 100 -Year. The magnitude of a flood expected to occur on the average every 100 -years, based on historical data. The 100 -year flood has a one percent chance of occurring in any given year. See BASE FLOOD. Floodplain Fringe. All land between the floodway and the upper elevation of the 100 -year flood. See FLOOD, 100 -YEAR. Floodplain. The relatively level land area on either side of the banks of a stream regularly subject to flooding. That part of the floodplain subject to a one percent chance of flooding in any given year is designated as an "area of special flood hazard" by the Federal Insurance Administration. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the "base flood" without cumulatively increasing the water surface elevation more than one foot. No development is allowed in floodways. See BASE FLOOD. Floor Area Ratio (FAR). The gross floor area permitted on a site divided by the total net area of the site, expressed in decimals to one or two places. For example, on a site with 10,000 net square feet of land area, a floor area ratio of 1.0 will allow a maximum of 10,000 gross square feet of building floor area to be built. On the same site, an FAR of 1.5 would allow 15,000 square feet of floor area; an FAR of 2.0 would allow 20,000 square feet; and an FAR of 0.5 would allow only 5,000 square feet. Also commonly used in zoning, FARs typically are League of California Cities Glossary applied on a parcel -by -parcel basis as opposed to an average FAR for an entire land use or zoning district. See ZoNm G. Floor Area, Gross. The sum of the horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including any space where the floor -to - ceiling height is less than six feet. Some agencies exclude specific kinds of space (for example, elevator shafts, parking decks) from the calculation of gross floor area. Footcandle. The unit of illumination when the foot is the unit of length. Franchise. Fee paid to a municipality from a franchisee for "rental" or "toll" for the use of city streets and rights -of -way. Freeway. A high-speed, high -capacity, limited -access road serving regional and countywide travel. Such roads are free of tolls, as contrasted with turnpikes or other toll roads. Freeways generally are used for long trips between major land use generators. At Level of Service E, they carry approximately 1,875 vehicles per lane per hour in both directions. Major streets cross at a different grade level. See EXPRESSWAY, LEVEL OF SERVICE (TRAFFIC). Frontage. The frontage, or front, of a lot is usually defined as the side nearest the street. Fund Balance. Difference between the assets (revenues and other resources) and liabilities (expenditures incurred or committed to) of a particular fund. Fund. Accounting entity with a set of self -balancing revenue and expenditure accounts used to record the financial affairs of a governmental organization. See EXPENDITURE. Gann Initiative. See PROPOSITION 4. General Fund. Fund used to account for all financial resources except those required to be accounted for in another fund (like enterprise or grant funds). Usually, the General Fund is the largest fund in an agency. See EARMARKED FUNDS. General Obligation (G.O.) Bonds. Bonds issued through a governmental entity which have the legal authority to levy a tax on real and personal property located within the governmental boundaries at any rate necessary to collect enough money each year to pay for principal and interest due. See BOND, LIMITED OBLIGATION BONDS. General Plan. The general plan is the foundation for local land use planning. The plan provides a vision for the foreseeable planning horizon —usually 10 to 20 years —and translates it into goals and policies for the physical development of the community. All other land use ordinances and policies flow from the general plan. The general plan covers all of the land within the jurisdiction and any additional land that, in the agency's judgment, bears relation to its planning. See California Government Code section 65300. See also SPECIFIC PLAN. General Revenue. Those revenues that cannot be associated with a specific expenditure, such as property taxes (other than voter approved indebtedness), sales tax, and business license tax. See EARMARKED FUNDS, EXPENDITURE. General Tax. Tax used for general agency purposes which is deposited into the general fund. See GENERAL FUND. G.O. Bonds. See GENERAL OBLIGATION (G.O.) BONDS. Grade. (1) Leveling or smoothing the contours of a property. (2) The rate of rise or descent of a sloping surface, usually expressed in degrees or a percentage calculated by the number of feet of rise per 100 feet of horizontal distance. (A 10 percent grade would mean a 10 foot vertical rise over 100 feet of horizontal distance.) Granny Flat. See SECOND UNIT. Grants. Contributions of cash or other assets from another governmental agency to be used or expended for a specified purpose, activity or facility. See EARMARKED FUNDS. Gross Acreage. The entire acreage of a site. Most communities calculate gross acreage to the centerline of proposed bounding streets and to the edge of the right-of-way of existing or dedicated streets. See NET ACREAGE. Ground Failure. Ground movement or rupture caused by strong shaking during an earthquake. Includes landslide, lateral spreading, liquefaction, and subsidence. Groundwater. Water under the earth's surface, often confined to aquifers capable of supplying wells and springs. See AQUIFER. Groundwater Recharge. The natural process of infiltration and percolation of rainwater from land areas or streams through permeable soils into water -holding rocks that provide underground storage (aquifers). See AQUIFER. Group Home; Group Care Facility. Any facility used to provide non -medical residential care, day treatment, adult day care, or foster family agency services. Typically used to assist abused or neglected children or people who are physically disabled or mentally impaired. Growth Management. The use by a community of a wide range of techniques in combination to determine the amount, type, and rate of development desired by the community and to channel that growth into designated areas. Growth management policies can be implemented through public infrastructure ordinances ("concurrency"), urban limit lines, standards for levels of service, phasing, and other programs. See CONCURRENCY, CONGESTION MANAGEMENT PLAN. 127 Planning Commissioner's Handbook League of California Citic 128 Guideway. A roadway system that guides the vehicles using it as well as supporting them. A monorail is one such system. The most familiar and still most used guideway is the railroad. Most guideway transit systems make use of wayside electrical power for propulsion. Habitat. The physical location or type of environment in which an organism or biological population lives or occurs. Habitat Conservation Plan (HCP). A process established under Section 10 of the Endangered Species Act which allows the incidental taking of a listed, threatened, or endangered species upon the approval of a "single" or "multi" species plan. The development of such plans requires extensive studies, research, and coordination between federal, state, and local agencies and with citizen groups. The HCP must show how the impacts of the taking have been minimized and mitigated to the maximum extent practicable, that adequate funding for the plan will be provided, and that the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild. Hazardous Material. Any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. The term includes, but is not limited to, hazardous substances and hazardous wastes. Highest and Best Use. The use of a property that will bring the greatest profit to its owners. In theory, the economics of the real estate market establish a maximum value for each parcel of land at any given time. However, owners are not necessarily entitled to that use, particularly when that use may have negative effects on the use and enjoyment of neighboring properties. High -Occupancy Structure. All pre -1935 buildings with over 25 occupants and all pre -1976 buildings with over 100 occupants. High -Occupancy Vehicle (HOV). Any vehicle other than a driver -only automobile (for example, a vanpool, a bus, or a car carrying two or more persons). Historic Preservation. The preservation of historically significant structures and neighborhoods in order to facilitate restoration and rehabilitation of the building(s) to a former condition. Home Owner's Association. A non-profit organization operating under recorded legal agreements running with the land. Generally, each lot owner in a condominium or similar planned development becomes a member upon purchase and each lot is subject to a charge for a proportionate share of the expenses for the organization's activities, like maintaining common areas, landscaping, recreation facilities and parking areas. Household. All those persons, related or unrelated, who occupy a single housing unit. See FAMILY. Households, Number of. The count of all year-round housin units occupied by one or more persons. The concept of household is important because the formation of new households generates the demand for housing. Each new household formed creates the need for one additional housin unit or requires that one existing housing unit be shared by two households. Thus, household formation can continue to take place even without an increase in population, thereby increasing the demand for housing. Housing and Community Development, Department of (HCD). The state agency responsible for assessing, planning for, and assisting communities to meet the needs of low- and moderate -income households. Housing and Urban Development, U.S. Department of (HUD). A cabinet -level department of the federal government that administers housing and community development programs. Housing Authority, Local (LHA). A local housing agency established in state law, subject to local activation and operation. Originally intended to manage certain federal subsidies, but vested with broad powers to develop and manage other forms of affordable housing. Housing Unit. A house, an apartment, a mobilehome or trailer, a group of rooms, or a single room that is occupied as a separate living quarters, or, if vacant, is intended for occupancy as a separate living quarters (2000 U.S. Census definition). Impact Fee. A fee, also called a development fee, levied on the developer of a project by a city, county, or other public agency as compensation for otherwise -unmitigated impacts the project will produce. Development fees must not exceed the estimated reasonable cost of providing the service for which the fee is charged. See California Government Code sections 66000 and following. Impervious Surface. A surface through which water cannot penetrate, like a roof, road, sidewalk, or paved parking lot. The amount of impervious surface increases with development and establishes the need for drainage facilities to carry the increased runoff. Inclusionary Zoning. Provisions established by a public agency to require that a specific percentage of housing units in a project or development remain affordable to very low- and low-income households for a specified period. Often such regulations require a minimum percentage of housing for low - g g League of California Cities and moderate -income households in new housing developments and in conversions of apartments to condominiums. Incorporation. Creation of a new city. Incubator Space. Retail or industrial space that is affordable to new, low -margin businesses. Industrial. A land use classification often divided into "heavy industrial" uses, like construction yards, quarrying, and - factories; and "light industrial" uses, like research and development and less intensive warehousing and manufacturing. Infill Development. Development of vacant land (usually individual lots or leftover properties) within areas that are already largely developed. Infrastructure. Public services and facilities like sewage - disposal systems, water -supply systems, other utility systems, schools, and roads. Initial Study. Under the California Environmental Quality Act, a preliminary analysis of the potential environmental impacts of a proposed project prepared by the lead agency. This process is used to determine whether an Environmental Impact Report must be prepared, or a Negative Declaration will be sufficient. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Initiative. A ballot measure used to enact new legislation. In California, city and county initiative measures may be placed on the ballot by petition of the voters or action of the governing body. In -Lieu Fee. Cash payments that may be required of an owner or developer as a substitute for a dedication of land, usually calculated in dollars per lot, and referred to as in lieu fees or in lieu contributions. See DEDICATION, EXACTION. Institutional Uses. (1) Publicly or privately owned and operated activities like hospitals, convalescent hospitals, intermediate care facilities, nursing homes, museums, and schools and colleges; (2) churches and other religious organizations; and (3) other non-profit activities of a welfare, educational, or philanthropic nature that cannot be considered residential, commercial, or industrial. Intensity, Building. For residential uses, the actual number or the allowable range of dwelling units per net or gross acre. For non-residential uses, the actual or the maximum permitted floor area ratios (FARs). See FLOOR AREA RATIO. Interagency. Indicates cooperation between or among two or more discrete agencies in regard to a specific program. Interim Zoning. See MORATORIUM. Glossary Intermittent Stream. A stream that normally flows for at least 30 days after the last major rain of the season and is dry a large part of the year. Investment Earnings. Revenue earned from the investment of idle public funds. Jobs/Housing Balance. The availability of affordable housing for employees. The jobs/housing ratio divides the number of jobs in an area by the number of employed residents. A ratio of 1.0 indicates a balance. A ratio greater than 1.0 indicates a net in -commute; less than 1.0 indicates a net out -commute. Joint Powers Authority (JPA). A legal arrangement that enables two or more units of government to share authority in order to plan and carry out a specific program or set of programs that serves both units. Land Banking. The purchase of land by a local government for use or resale at a later date. Banked lands have been used for development of low- and moderate -income housing, expansion of parks, and development of industrial and commercial centers. Federal rail -banking law allows railroads to bank unused rail corridors for future rail use while allowing interim use as trails. Landmark. (1) A building, site, object, structure, or significant tree having historical, architectural, social, or cultural significance and marked for preservation by the local, state, or federal government. (2) A visually prominent or outstanding structure or natural feature that functions as a point of orientation or identification. Landscaping and Lighting Act of 1972. The 1972 Act lets cities, counties and special districts levy assessments for land purchase and the construction, operation, and maintenance of parks, landscaping, lighting, traffic signals and graffiti abatement. Landslide. Downslope movement of soil and/or rock, which typically occurs during an earthquake or following heavy rainfall. Lateral Spreading. Lateral movement of soil, often as a result of liquefaction during an earthquake. See LIQUEFACTION. Leapfrog Development. New development separated from existing development by substantial vacant land. Lease. A contractual agreement by which an owner of real property (the lessor) gives the right of possession to another (a lessee) for a specified period of time (term) and for a specified consideration (rent). Leasehold Interest. (1) The interest that the lessee has in the value of the lease itself in condemnation award determination. (2) The difference between the total remaining rent under the lease and the rent the lessee would currently pay for similar space for the same time period. 129 Planning Commissioner's Handbook League of California Cities Level of Service (LOS) Standard. A standard used by government agencies to measure the quality or effectiveness of a municipal service like police, fire, or library, or the performance of a facility, like a street or highway. Level of Service (Traffic). A scale that measures the amount of traffic that a roadway or intersection can accommodate, based on such factors as maneuverability, driver dissatisfaction, and delay. (See Page X) Levy. (verb) To impose taxes, special assessments or service charges for the support of governmental activities; (noun) the total amount of taxes, special assessments or service charges imposed by a governmental agency. See SERVICE CHARGES. Licenses and Permits. Charge designed to reimburse agency for costs of regulating activities being licensed, like the licensing of animals, bicycles, etc. Lien. A claim on assets, especially property, for the payment of taxes or utility service charges. See SERVICE CHARGES. Life-Cyde Costing. A method of evaluating a capital investment that takes into account the sum total of all costs associated with the investment over the lifetime of the project. Light -Duty Rail Transit (LRT). Streetcars or trolley cars that typically operate entirely or substantially in mixed traffic and in non-exclusive, at -grade rights -of -way. Passengers typically board vehicles from the street level (as opposed to a platform that is level with the train) and the driver may collect fares. Vehicles are each electrically self-propelled and usually operate in one or two -car trains. Linuted Obligation Bonds. Similar to general obligation bonds except that security for the issuance is limited exactly to the revenues pledged in the bond statement and not to the full faith and credit of the city. See BOND, GENERAL OBLIGATION BONDS. Linkage. With respect to jobs/housing balance, a program designed to offset the impact of employment on housing need within a community, whereby project approval is conditioned on the provision of housing units or the payment of an equivalent in -lieu fee. The linkage program must establish the cause -and -effect relationship between a new commercial or industrial development and the increased demand for housing. Liquefaction. The transformation of loose, wet soil from a solid to a liquid state, often as a result of ground shaking during an earthquake. Liquidity. The ability to convert a security into cash promptly with minimum risk of principal. Live -Work Quarters. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Local Agency Formation Commission (LAFCO). Commissions within each county that review and evaluate all proposals for formation of special districts, incorporation of cities, annexation to special districts or cities, consolidation of districts, and merger of districts with cities. Local Coastal Program (LCP). A combination of a local government's land use plans, zoning ordinances, zoning district maps, and (within sensitive coastal resources areas) other implementing actions that together meet the local requirements of, and implement the provisions and policies of, the California Coastal Act of 1976. Local Coastal Program Land Use Plan. The relevant portion of a local government general plan or coastal element that details type, location, and intensity of land use, applicable resource protection and development policies, and, where necessary, implementation actions. Lot. The basic development unit — an area with fixed boundaries, used or intended to be used by one or more uses within one building and its accessory building(s). A lot must meet the requirements of the zoning district in which it is located and must front on a public street or an approved private street. Lot Line Adjustment. The adjustment of a lot line between two or more existing parcels where land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed are not thereby created. Low -Income Household. A household with an annual income usually no greater than 80 percent of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development for the Section 8 housing program. See SEcrIoN 8 RENTAL ASSISTANCE PROGRAM. Low -Income Housing Tax Credits. Tax reductions provided by the federal and state governments for investors in housing for low-income households. Manufactured Housing. Residential structures that are constructed entirely in a factory and that, since June 15, 1976, have been regulated by the federal Manufactured Home Construction and Safety Standards Act of 1974 under the administration of the U.S. Department of Housing and Urban Development. See MOBILEHOME, MODULAR UNIT. Marks -Roos Bonds. Bonds authorized by the Marks -Roos Local Bond Pooling Act of 1985 which provide local agencies with extremely flexible financing powers through participation 130 League of California Cities Glossary in joint powers authorities. See BOND, JOINT POWERS AUTHORITY. Mean. The average of a number of figures computed by adding up all the figures and dividing by the number of figures. Compare MEDIAN and MODE. Mean High Tide Line. The average high tide line in coastal zones. The state of California owns all lands located below the mean high tide line. Mean Sea Level. The average altitude of the sea surface for all tidal stages. Median Strip. The dividing area, either paved or landscaped, between opposing lanes of traffic on a roadway. Median. The middle number in a series of items in which fifty percent of all figures are above and fifty percent are below. Compare with MEAN and MODE. Mello -Roos Bonds. Locally issued bonds that are repaid by a special tax imposed on property owners within a community facilities district established by a governmental entity. The bond proceeds can be used for public improvements and for a limited number of services. Named after the program's legislative authors. Mello -Roos Community Facilities Tax. Special non ad valorem tax imposed to finance public capital facilities and services in connection with new development. Mello -Roos District. A distinct entity of government for the purpose of imposing and collecting the Mello -Roos Community Facilities Tax. A local agency and a Mello -Roos District may share a common governing body and common boundaries. Metes and Bounds. A system of describing or identifying land using measures (metes) and direction (bounds) from an identifiable point of reference like a monument or other marker, the corner of intersecting streets, or some other permanent fixture. Microclimate. The climate of a small, distinct area, like a city street or a building's courtyard; can be favorably altered through functional landscaping, architecture, or other design features. Mineral Resource. Land on which known deposits of commercially viable mineral or aggregate deposits exist. This designation is applied to sites determined by the California Geological Survey as being a resource of regional significance and is intended to help maintain the quarrying operations and protect them from encroachment of incompatible land uses. Minipark. A small neighborhood park of approximately one acre or less. See NEIGHBORHOOD PARK. Minor Land Division. Contiguous property which is partitioned into four or fewer lots usually qualifies as a minor land division. Mitigated Negative Declaration. A written statement by the lead agency that revisions to a project, agreed to by the applicant, would avoid potential significant adverse impacts, and there is no substantial evidence that the project, as revised, will have a significant effect on the environment. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, NEGATIVE DECLARATION. Mitigation Measures. In the context of the California Environmental Quality Act, measures that modify a project to reduce or eliminate a significant environmental impact. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Mitigation Monitoring Program. A program which is adopted as part of the Mitigated Negative Declaration or Environmental Impact Report process that establishes a reporting system designed to ensure compliance to and implementation of the adopted mitigation measures. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, ENVIRONMENTAL IMPACT REPORT, MITIGATED NEGATIVE DECLARATION. Mixed -Use. Properties on which various uses like office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A "single site" may include contiguous properties. Mobilehome. A structure, transportable in one or more sections, built on a permanent chassis and designed for use as a single-family dwelling unit that (1) has a minimum of 400 square feet of living space; (2) has a minimum width in excess of 102 inches; (3) is connected to all available permanent utilities; and (4) is tied down (a) to a permanent foundation on a lot either owned or leased by the homeowner or (b) is set on piers, with wheels removed and skirted, in a mobilehome park. See MANUFACTURED HOUSING, MODULAR UNIT. Mode. In statistics, the number that occurs most frequently in a given series. Compare with MEAN, MEDIAN. Moderate -Income Household. A household with an annual income between the lower income eligibility limits and 120 percent of the area median family income adjusted by household size, usually as established by the U.S. Department of Housing and Urban Development for the Section 8 housing program. See LOW-INCOME HOUSEHOLD, SECTION 8 RENTAL ASSISTANCE PROGRAM. Modular Unit. A factory -fabricated, transportable building or major component designed for use by itself or for incorporation with similar units on site into a structure for residential, commercial, educational, or industrial use. Differs 131 Planning Commissioner's Handbook League of California Cities 132 from mobilehomes and manufactured housing by (in addition to lacking an integral chassis or permanent hitch to allow future movement) being subject to California housing law design standards. California standards are more restrictive than federal standards in some respects (for example, plumbing and energy conservation). Also called factory -built housing and regulated by state law of that title. See MOBILEHOME, MANUFACTURED HOUSING. Moratorium. A zoning designation that temporarily reduces or freezes allowable development in an area until a permanent classification can be fixed; generally assigned during general plan preparation to provide a basis for permanent zoning. Motor Vehicle License Fee (VLF). VLF is fee for privilege of operating vehicle on public streets. VLF is levied annually at two percent of the market value of motor vehicles and is imposed by the state "in lieu" of local property taxes. VLF is also called Motor Vehicle in -Lieu Tax. Multiple Family Residential. A type of housing that has several residential units on a parcel or parcels of land. Examples of multiple family residential housing include condominiums and apartments. Municipal Improvement Act of 1913. Legislation allowing cities, counties, and special districts to fund everything included in the 1911 Act plus power and public transit facilities; assessments can be levied before construction begins. National Ambient Air Quality Standards. The prescribed level of pollutants in the outside air that cannot be exceeded legally during a specified time in a specified geographical area. National Environmental Policy Act (NEPA). An act passed in 1974 establishing federal legislation for national environmental policy, a council on environmental quality, and the requirements for environmental impact statements. National Flood Insurance Program. A federal program that authorizes the sale of federally subsidized flood insurance in communities where such flood insurance is not available privately., • National Register of Historic Places. The official list, established by the National Historic Preservation Act, of sites, districts, buildings, structures, and objects significant in the nation's history or whose artistic or architectural value is unique. Negative Declaration. In the context of the California Environmental Quality Act, a written statement briefly describing the reasons why a proposed project will not have a significant effect on the environment and does not require an Environmental Impact Report. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, MITIGATED NEGATIVE DECLARATION. Neighborhood. A planning area commonly identified as such in a community's planning documents, and by the individuals residing and working within the neighborhood. Documentation may include a map prepared for planning purposes showing the names and boundaries neighborhoods. Neighborhood Park. City- or county -owned land intended to serve the recreation needs of people living or working within one-half mile radius of the park. Neighborhood Unit. According to one widely accepted concept of planning, the neighborhood unit should be the basic building block of the city. It is based on the elementary school, with other community facilities located at its center and arterial streets at its perimeter. The distance from the school to the perimeter should be a comfortable walking distance for a school -age child; there would be no through traffic uses. Limited industrial or commercial would occur on the perimeter where arterials intersect. This was a model for American suburban development after World War II. Neotraditional Development. An approach to land use planning and urban design that promotes the building of neighborhoods with a mix of uses and housing types, architectural variety, a central public gathering place, interconnecting streets and alleys, and edges defined by greenbelts or boulevards. The basic goal is integration of the activities of potential residents with work, shopping, recreation, and transit all within walking distance. Net Acreage. The portion of a site that can actually be built upon. The following generally are not included in the net acreage of a site: public or private road rights -of -way, public open -space, and flood ways. See GROSS ACREAGE. Nexus. In general, a minimum threshold of connection necessary within a taxing jurisdiction to allow taxing authority over out-of-state individuals or businesses. There must be a reasonable connection ("nexus") between required development impact fees and a development project subject to the fees. See California Government Code sections 66000 and following. NIMBY. An acronym for "Not -In -My -Backyard." This is a somewhat unflattering characterization for opponents of development projects, with the implication being that the opponents are advocating strictly based on personal self- interest as opposed to the larger community interests. Local agencies' alleged responsiveness to "NIMBY-ism" is one of the reasons some advocate that state law preempt local agencies' authority over certain kinds of land use decisions (see for example, AFFORDABLE HOUSING). Noise. Any sound that is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. Noise, simply, is "unwanted sound." League of California Cities Glossary Noise Attenuation. Reduction of the level of a noise source using a substance, material, or surface, like earth berms and/or solid concrete walls. Noise Contour. A line connecting points of equal noise level as measured on the same scale. Noise levels greater than the 60 Ldn contour (measured in dBA) require noise attenuation in residential development. See DAY -NIGHT AVERAGE SOUND LEVEL, DBA. Non -Attainment. The condition of not achieving a desired or required level of performance. Frequently used in reference to • air quality. See ATTAINMENT. Nonconforming Use. A use that was valid when brought into existence, but by subsequent regulation becomes no longer conforming. "Non -conforming use" is a generic term and includes (1) non -conforming structures (by virtue of size, type of construction, location on land, or proximity to other structures), (2) non -conforming use of a conforming building, (3) non -conforming use of a non -conforming building, and (4) non -conforming use of land. Thus, any use lawfully existing on any piece of property that is inconsistent with a new or amended general plan, and that in turn is a violation of a zoning ordinance amendment subsequently adopted in conformance with the general plan, will be a non -conforming use. Typically, non -conforming uses are permitted to continue for a designated period of time, subject to certain restrictions. Nonpoint Source Pollution. Sources for pollution that are less definable and usually cover broad areas of land, like agricultural land with fertilizers that are carried from the land by runoff, or automobiles. See POINT SOURCE POLLUTION. Notice (of Hearing). A legal document announcing the opportunity for the public to present their views to an official representative or board of a public agency concerning an official action pending before the agency. Notice of Completion (NOC). Under the California \ Environmental Quality Act, a notice issued and properly filed by the lead agency upon completion of the Draft Environmental Impact Report . The NOC contains a description of the proposed project. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Notice of Determination (NOD). Under the California Environmental Quality Act, a notice issued and properly filed by the lead agency upon its approval of a project subject to the California Environmental Quality Act, and stating whether or not the project will have a significant effect on the environment. The notice must be filed within five working days of the action approving a project. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Notice of Preparation (NOP). Under the California Environmental Quality Act, a brief notice issued by the lead agency stating it plans to prepare an Environmental Impact Report for a proposed project. The notice is sent to responsible and trustee agencies and other interested agencies. These parties are asked to comment on the scope of the Environmental Impact Report and potential impacts of the proposed project. These comments are then use to further define the scope of the Environmental Impact Report. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, ENVIRONMENTAL IMPACT REPORT. Official County Scenic Highway. A segment of state highway identified in the Master Plan of State Highways Eligible for Official Scenic Highway Designation and designated by the Director of the Department of Transportation (Caltrans). Off -site Improvements. Conditions that can be required of a project that involves the installation of streets, curbs, gutters, sidewalks, street trees and other improvements that are located adjacent to the project on city -owned property. Open -Space Land. Any parcel or area of land or water that is essentially unimproved and devoted to an open -space use for the purposes of (1) the preservation of natural resources, (2) the managed production of resources, (3) outdoor recreation, or (4) public health and safety. Ordinance. A law or regulation set forth and adopted by a governmental authority, usually a city or county. Outdoor Advertising Structure. Any device used or intended to direct attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the lot where such device is located. See SIGN. Outdoor Recreation Use. A privately or publicly owned or operated use providing facilities for outdoor recreation activities. "'� Outer Approach Zone. Airspace in which an air-traffic controller initiates radar monitoring for incoming flights approaching an airport. See APPROACH ZONE, CLEAR ZONE, TRANSITION ZONE. Overlay. A land use designation on the General Plan Land Use Map, or a zoning designation on a zoning map, that modifies the basic underlying designation in some specific manner. For example, overlay zones are often used to deal with areas with special characteristics, like flood zones or historical areas. See GENERAL PLAN, ZONING. Parcel. A lot in single ownership or under single control, usually considered a unit for purposes of development. Parcel Map (lot split). A subdivision map that divides a parcel up into four or fewer lots. The city or county can place conditions on the approval of parcel maps. See FINAL SUBDIVISION MAP, SUBDIVISION MAP ACT, TENTATIVE SUBDIVISION MAP. Planning Commissioner's Handbook League of California Cities 134 Parcel Tax. Special non -ad valorem tax on parcels of property generally based on either a flat per -parcel rate or a variable rate depending on the size, use or number of units on the parcel. See AD VALOREM TAX, EXCISE TAX. Park Land; Parkland. Land that is publicly owned or controlled for the purpose of providing parks, recreation, or open -space for public use. See COMMUNITY PARK, NEIGHBORHOOD PARK, REGIONAL PARK. Parking Area, Public. An open area, excluding a street or other public way, used for the parking of automobiles and available to the public, whether for free or for compensation. Parking Management. An evolving Transportation Demand Management technique designed to obtain maximum use from limited parking spaces. Can involve pricing and preferential treatment for High -Occupancy Vehicles, non -peak period users, and short-term users. See HIGH -OCCUPANCY VEHICLE, TRANSPORTATION DEMAND MANAGEMENT. Parking Ratio. The number of parking spaces provided per 1,000 square feet of floor area, for example, 2.1 or "two per thousand." Parking Space, Compact. A parking space (usually 7.5 feet wide by 16 feet long when perpendicular to a driveway or aisle) permitted in some localities on the assumption that many modern cars are significantly smaller, and require less room, than a standard automobile. A standard parking space, when perpendicular to a driveway or aisle, is usually 8.5 feet wide by 18 feet long. Parking, Shared. A public or private parking area used jointly by two or more uses. Parks. Open -space lands whose primary purpose is recreation. See OPEN -SPACE LAND, COMMUNITY PARK, NEIGHBORHOOD PARK, REGIONAL PARK. Parkway Strip. A piece of land located between the rear of a curb and the front of a sidewalk, usually used for planting low ground cover and/or street trees, also known as "planter strip." See STREET TREE PLAN. Parkway. An expressway or freeway designed for non- commercial traffic only; usually located within a strip of landscaped park or natural vegetation. See EXPRESSWAY, FREEWAY. Pay As You Go. Concept of paying for capital projects when the initial cost is incurred, rather than over time through the use of debt financing. See CAPITAL OUTLAY, DEBT FINANCING. Pay As You Use. Concept that debt financing enables the public entity to spread the cost of a capital project over time, as the project is being utilized. See CAPITAL OUTLAY, DEBT FINANCING. Performance Standards. Zoning regulations that permit uses based on a particular set of standards of operation rather than on particular type of use. Performance standards provide specific criteria limiting noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts, and visual impact of a use. Permit. A specific authorization from a planning body to engage in a particular type of development or activity. Permitted Use. An authorized use within a zoning district. See CONDITIONAL USE. Plan Line. A precise line that establishes future rights -of -way along any portion of an existing or proposed street or highway and which is depicted on a map showing the streets and lot line or lines and the proposed right-of-way lines, and the distance thereof from the established centerline of the street or highway, or from existing or established property lines. Planned Community. A large-scale development whose essential features are a definable boundary; a consistent, but not necessarily uniform, character; overall control during the development process by a single development entity; private ownership of recreation amenities; and enforcement of covenants, conditions, and restrictions by a master community association. See COVENANTS, CONDITIONS, AND RESTRICTIONS. Planned Unit Development (PUD). A description of a proposed unified development, consisting at a minimum of a map and adopted ordinance setting forth the regulations governing, and the location and phasing of all proposed uses and improvements to be included in the development. Planning Area. The area directly addressed by the general plan. A city's planning area typically encompasses the city limits and potentially annexable land within its sphere of influence. Planning Commission. A body, usually having five or seven members, created by a city or county in compliance with California law which requires the assignment of the planning functions of the city or county to a planning department, planning commission, hearing officers, and/or the legislative body itself, as deemed appropriate by the legislative body. See California Government Code section 65100. Point Source Pollution. In reference to water quality, a discrete source from which pollution is generated before it enters receiving waters, like a sewer outfall, or an industrial waste pipe. See NONPOINT SOURCE POLLUTION. Police and Fire Special Tax. Special tax on parcels of property in support of police, fire protection or both. Policy. A statement of a public body that forms the basis for enacting legislation or making decisions. The policies under which zoning ordinances are enacted and administered should be found in a community's general plan. League of California Cities Glossary Poverty Level. As used by the U.S. Census, families and unrelated individuals are classified as being above or below the poverty level based on a poverty index that provides a range of income cutoffs or "poverty thresholds" varying by size of family, number of children, and age of householder. The income cutoffs are updated each year to reflect the change in the Consumer Price Index. Prime Agricultural Land. (1) Land used actively in the production of food, fiber, or livestock. (2) All land that qualifies for rating as Class I or Class II in the Natural _Resources Conservation Service land use compatibility classifications. (3) Land that qualifies for rating 80 through 100 in the Storie Index Rating. See STORIE INDEX. Prime Farmland. Land which has the best combination of physical and chemical characteristics for the production of crops. Prime Farmland must have been used for the production of irrigated crops within the last three years. Prime Farmland does not include publicly owned lands for which there is an adopted policy preventing agricultural use. Principal. "Face" or "par value" of an instrument. It does not include accrued interest. Private Road/Private Street. Privately owned (and usually privately maintained) motor vehicle access that is not dedicated as a public street. Typically the owner posts a sign indicating that the street is private property and limits traffic in some fashion. For density calculation purposes, some jurisdictions exclude private roads when establishing the total acreage of the site; however, aisles within and driveways serving private parking lots are not considered private roads. Property Tax. An ad valorem tax imposed on real property (land and permanently attached improvements) and tangible personal property (movable property). See AD VALOREM TAX, ASSESSED VALUATION, GENERAL REVENUE, MOTOR VEHICLE LICENSE FEE, TAX. Proposition 4. Also called the Gann Initiative, this initiative, now Article XIIIB of the state constitution, was drafted to be a companion measure to Proposition 13, Article XIIIA of the constitution. Article XIIIB limits growth in government spending to changes in population and inflation. Proposition 13. Article XIIIA of the California Constitution, commonly known as Proposition 13, which limits the maximum annual increase of any ad valorem tax on real property to 1 percent of the full cash value of such property. Proposition 62. A 1986 proposition that, among other things, implemented a majority vote requirement for general taxes. This portion of Proposition 62 was later ruled unconstitutional. Proposition 98. Passed in 1988, this measure establishes a minimum level of funding for public schools and community colleges. This measure also provides that any state revenues in excess of the appropriations limit be spent on schools. Proposition 172. A 1993 measure which places a one-half cent sales tax for local public safety in the constitution. The tax is imposed by the state and distributed to cities and counties. Pro Rata. Refers to the proportionate distribution of something to something else or to some group, like the cost of infrastructure improvements associated with new development apportioned to the users of the infrastructure on the basis of projected use. Public Records. Most public agency documents are public records that must be made available for public inspection upon request. For example, agendas and other documents distributed by any person to a majority of the legislative body in connection with any matter subject to discussion at a public meeting item are public records, which must be made available to the public "without delay." If the agency distributes material prepared by it (including consultants) or a member of the legislative body during a meeting, copies of the material must be available for public inspection at the meeting. Materials prepared by some other person and distributed during a meeting must be made available after the meeting. See California Government Code sections 54957.5 and 6250 (open meetings law materials availability requirements). See also BROWN ACT. Ranchette. A single dwelling unit occupied by a non -farming household on a parcel of 2.5 to 20 acres that has been subdivided from agricultural land. Real Property Transfer Tax. See DOCUMENTARY TRANSFER TAX. Reclamation. The reuse of resources, usually those present in solid wastes or sewage. Reconstruction. As used in historic preservation, the process of reproducing by new construction the exact form and detail of a vanished structure as it appeared during a specific period of time. Reconstruction is often undertaken when the property to be reconstructed is essential for understanding and interpreting the value of a historic district and sufficient documentation exists to insure an exact reproduction of the original. Recreation, Active. A type of recreation or activity that requires the use of organized play areas including, but not limited to, softball, baseball, football and soccer fields, tennis and basketball courts and various forms of children's play equipment. Recreation, Passive. Type of recreation or activity that does not require the use of organized play areas. Redevelop. To demolish existing buildings; or to increase the overall floor area existing on a property; of both; irrespective of whether a change occurs in land use. 135 Planning Commissioner's Handbook League of California Citie Referendum. A citizen challenge to a legislative action taken by a local agency. If enough signatures are filed, the governing body must either rescind its decision or place the issue on the ballot for a vote. Regional. Pertaining to activities or economies at a scale greater than that of a single jurisdiction, and affecting a broad geographic area. Regional Housing Needs Plan/Share. A quantification by a Council of Governments or by the California Department of Housing and Community Development of existing and projected housing need, by household income group, for all localities within a region. See COUNCIL OF GOVERNMENTS, HOUSING AND COMMUNITY DEVELOPMENT. Regional Park. A park typically 150-500 acres in size focusing on activities and natural features not included in most other types of parks and often based on a specific scenic or recreational opportunity. See COMMUNITY PARK, NEIGHBORHOOD PARK, PARKS. Rehabilitation. The repair, preservation, and/or improvement of substandard housing. Reimbursement for State Mandated Costs. Requirement that the state must reimburse local agencies for the cost of state - imposed programs. Process is commonly called "SB 90" after its original 1972 legislation. See California Constitution article XIIIB, section 6. Relocation Permit. Needed if a building is to be moved to a lot within the city and if the building is to cross a public street, alley or easement. Rents. Revenues received through the rental of public properties to private parties like convention space and library facilities. Responsible Agency. In the California Environmental Quality Act, all public agencies other than the lead agency that have discretionary approval over a project. Responsible agencies send comments to the lead agency regarding the environmental impacts about which they have expertise. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Retrofit. To add materials and/or devices to an existing building or system to improve its operation, safety, or efficiency. Buildings have been retrofitted to use solar energy and to strengthen their ability to withstand earthquakes, for example. Rezoning. An amendment to the map and/or text of a zoning ordinance to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area. See ZONING. Richter Scale. A measure of the size or energy release of an earthquake at its source. The scale is logarithmic; the wave amplitude of each number on the scale is 10 times greater than that of the previous whole number. Ridgeline. A line connecting the highest points along a ridge and separating drainage basins or small-scale drainage systems from one another. Right -of -Way. A strip of land occupied or intended to be occupied by certain transportation and public use facilities, like roads, railroads, and utility lines. Riparian Lands. Riparian lands are comprised of the vegetative and wildlife areas adjacent to perennial and intermittent streams. Riparian areas are delineated by the existence of plant species normally found near freshwater. Riparian Rights. The right of a landowner make use of the water in a river or stream on or bordering a property. Sales Tax. The sales tax is imposed on retailers for the privilege of selling tangible personal property in California. Tax base is the total retail price. See TAX BASE. Sanitary Landfill. The controlled placement of refuse within a limited area, followed by compaction and covering with a suitable thickness of earth and other containment material. Sanitary Sewer. A system of subterranean conduits that carries refuse liquids or waste matter to a plant where the sewage is treated, as contrasted with storm drainage systems (that carry surface water) and septic tanks or leech fields (that hold refuse liquids and waste matter on -site). See SEPTIC SYSTEM. Scenic Highway Corridor. The area outside a highway right- of-way that is generally visible to persons traveling on the highway. Scenic Highway/Scenic Route. A highway, road, drive, or street that, in addition to its transportation function, provides opportunities for the enjoyment of natural and man-made scenic resources and access or direct views to areas or scenes of exceptional beauty or historic or cultural interest. The aesthetic values of scenic routes often are protected and enhanced by regulations governing the development of property or the placement of outdoor advertising. Until the mid -1980's, general plans in California were required to include a Scenic Highways element. Second Unit. A self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on a single lot. "Granny Flat" is one type of second unit intended for the elderly. Section 8 Rental Assistance Program. A federal (the U.S. Department of Housing and Urban Development) rent - subsidy program that is one of the main sources of federal housing assistance for low-income households. The program operates by providing "housing assistance payments" to League of California Cities Glossary owners, developers, and public housing agencies to make up the difference between the "Fair Market Rent" of a unit (set by the U.S. Department of Housing and Urban Development) and the household's contribution toward the rent, which is calculated at 30 percent of the household's adjusted gross monthly income (GMI). "Section 8" includes programs for new construction, existing housing, and substantial or moderate housing rehabilitation. Seismic. Caused by or subject to earthquakes or earth vibrations. Senior Housing. Typically one- and two -bedroom apartments or condominiums designed to meet the needs of and restricted to occupancy by persons 62 years of age and older or, if more .than 150 units, persons 55 years of age and older. Seniors. Persons age 62 and older. .Septic System. A sewage -treatment system that includes a settling tank through which liquid sewage flows and in which solid sewage settles and is decomposed by bacteria in the absence of oxygen. Septic systems are often used for individual -home waste disposal where an urban sewer system is not available. See SANITARY SEWER. Service Charges. Charges imposed to support services to individuals or to cover the cost of providing such services. The fees charged are limited to the cost of providing the service or regulation required (plus overhead). Setback Regulations. The requirements that a building be set back a certain distance from the street (front), side or rear lot line. The frontage or front of a lot is usually defined as the side nearest the street. On a corner lot, the narrowest side is usually determined to be the front lot line. In triangular or other odd - shaped lots, rear lot lines may need to be defined more precisely in the code or judged by the planning commission or other hearing body with appropriate jurisdiction on a case -by - case basis. Settlement. (1) The drop in elevation of a ground surface caused by settling or compacting. (2) The gradual downward movement of an engineered structure due to compaction. Differential settlement is uneven settlement, where one part of a structure settles more or at a different rate than another part. Short -Term Financing Methods. Techniques used for many purposes, such as meeting anticipated cash flow deficits, interim financing of a project, and project implementation. Using these techniques involves issuance of short-term notes. Voter approval is not required. Sign. Any outdoor or indoor object, device, display or structure that is used to advertise, identify, display, direct or attract attention to a person, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. See OUTDOOR ADVERTISING STRUCTURE. Sign Permit. This permit allows for a sign to be erected in compliance with stated policies or conditions. Siltation. (1) The accumulating deposition of eroded material. (2) The gradual filling in of streams and other bodies of water with sand, silt, and clay. Single Room Occupancy (SRO). A single room, typically 80- 250 square feet, with a sink and closet, but which requires the occupant to share a communal bathroom, shower, and kitchen. See AFFORDABLE HousING. Site Plan. A plan, to scale, showing uses and structures proposed for a parcel of land. It includes lot lines, streets, building sites, public open space, buildings, major landscape features — both natural and man-made — and, depending on requirements, the locations of proposed utility lines. Site Plan Review. The process whereby local officials, usually the planning commission and staff, review the site plans of a developer to assure that they meet the purposes and standards of the zone, provide for necessary public facilities like streets, parks, and schools, and protect adjacent properties through appropriate siting of structures and landscaping. Solar Access. The provision of direct sunlight to an area specified for solar energy collection when the sun's azimuth is within 45 degrees of true south. Solar System, Active. A system using a mechanical device, like a pump or a fan, and energy in addition to solar energy to transport a conductive medium (air or water) between a solar collector and the interior of a building for the purpose of heating or cooling. Solar System, Passive. A system that uses direct heat transfer from thermal mass instead of mechanical power to distribute collected heat. Passive systems rely on building design and materials to collect and store heat and to create natural ventilation for cooling. Solid Waste. Any unwanted or discarded material that is not a liquid or gas. Includes organic wastes, paper products, metals, glass, plastics, cloth, brick, rock, soil, leather, rubber, yard wastes, and wood, but does not include sewage and hazardous materials. Organic wastes and paper products comprise about 75 percent of typical urban solid waste. Special District. A governmental entity formed to deliver a specific service, like fire protection, water service or the maintenance of open space. Special Tax. Tax earmarked for a specific purpose or governmental program. Special taxes require a two-thirds vote of the electorate voting in an election in order to be implemented. See COMMUNITY FACILITIES DISTRICT, EARMARKED 137 138 Planning Commissioner's Handbook League of California Cities FUNDS, MELLO-ROOS BONDS, MELLO-ROOS COMMUNITY FACILITIES TAX, POLICE AND FIRE SPECIAL TAX, TAX. Specific Plan. A plan that an agency may adopt to implement the general plan in all or part of the area covered by the general plan. See California Government Code section 65450. A specific plan must specify in detail the land uses, public and private facilities needed to support the land uses, phasing of development, standards for the conservation, development, and use of natural resources, and a program of implementation measures, including financing measures. See GENERAL PLAN. Sphere of Influence. The probable physical boundaries and service area of a local agency, as determined by the Local Agency Formation Commission of the county. See LOCAL AGENCY FORMATION COMMISSION. Spot Zoning. The awarding of a use classification to an isolated parcel of land that is detrimental or incompatible with the uses of the surrounding area, particularly when such an act favors a particular owner. A special circumstance like historical value, environmental importance, or scenic value would justify special zoning for a small area. See ZONING. Sprawl. Haphazard growth or outward extension of a city resulting from uncontrolled or poorly managed development. State Clearinghouse. In California, the State Clearinghouse is part of the Governor's Office of Planning and Research, and is responsible for distributing environmental documents to state agencies. Lead agencies are required to submit their draft Environmental Impact Reports or negative declarations if a state agency is the lead agency, a state agency is a responsible agency or trustee agency or the project is of statewide, regional or area importance. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, ENVIRONMENTAL IMPACT REPORT, NEGATIVE DECLARATION. Storie Index. A numerical system (0-100) rating the degree to which a particular soil can grow plants or produce crops, based on four factors: soil profile, surface texture, slope, and soil limitations. See PRIME AGRICULTURAL LAND. Stormwater Detention. Any storm drainage technique that retards or detains runoff, like detention or retention basins, parking lot storage, rooftop storage, porous pavement, or dry wells. See DETENTION DAM. Street Tree Plan. A comprehensive plan for all trees on public streets that sets goals for solar access, and standards for species selection, maintenance, and replacement criteria, and for planting trees in patterns that will define neighborhood character while avoiding monotony or maintenance problems. Streets, Major. The transportation network that includes a hierarchy of freeways, arterials, and collectors to service through traffic. See ARI:ERIAL, COLLECTOR, EXPRESSWAY, FREEWAY. Streets, Minor. Local streets not shown on the Circulation Plan, Map, or Diagram, whose primary intended purpose is to provide access to fronting properties. Streets, Through. Streets that extend continuously between other major streets in the community. Strip Zoning. A zone normally consisting of a ribbon of uses fronting both sides of a major street and extending inward for approximately half a block. Strip commercial development is the most common form. It usually is characterized by an assortment of gas stations, drive-in and fast-food restaurants, motels, tourist shops, and some automobile sales and service operations. Structure. Anything constructed or erected that requires location on the ground (excluding swimming pools, fences, and walls used as fences). Subdivision. The division of a tract of land into defined lots, either improved or unimproved, which can be separately conveyed by sale or lease, and which can be altered or developed. The process often includes setting aside land for streets, sidewalks, parks, public areas, and other infrastructure needs —including the designation of the location of utilities. Subdivision Map Act. California law that this act vests in local legislative bodies the regulation and control of the design and improvement of subdivisions, including the requirement for tentative and final maps. See California Government Code sections 66410 and following. Subregional. Pertaining to a portion of a region. Subsidence. The sudden sinking or gradual downward settling and compaction of soil and other surface material with little or no horizontal motion. Subsidence may be caused by a variety of human and natural activity, including earthquakes. See SETTLEMENT. Subsidize. To assist by payment of a sum of money or by the granting of terms or favors that reduce the need for monetary expenditures. Housing subsidies may take the form of mortgage interest deductions or tax credits from federal and/or state income taxes, sale or lease at less than market value of land to be used for the construction of housing, payments to supplement a minimum affordable rent, and the like. Substandard Housing. Residential dwellings that, because of their physical condition, do not provide safe and sanitary housing. Substantial Evidence — Under some circumstances, a local agency's land use decision must be supported by what is called "substantial evidence" in light of the whole record. The public can assist the agency in gathering and putting information into the record that may provide the basis for the agency's decision. The agency's findings must be supported by ,eague of California Cities Glossary ubstantial evidence and then the findings must support the )gency's decision. subvention. Subsidy or financial support received from :ounty, state or federal government. The state and counties evy certain taxes that are "subvened" to cities, including motor 'ehicle license fees, state mandated costs and motor vehicle uel tax. See MOTOR VEHICLE LICENSE FEE, REIMBURSEMENT FOR ;TATE MANDATED COSTS. ;upplemental Property Tax. In the event a property changes )wnership, the county collects a supplemental property tax assessment in the current tax year by determining a upplemental value. In future tax periods, the property carries he full cash value. See PROPERTY TAX, PROPOSITION 13. ;ustainability. Community use of natural resources in a way hat does not jeopardize the ability of future generations to jee and prosper. sustainable Development. Development that maintains or alliances equity, economic opportunity, and community well )eing while protecting and restoring the natural environment ipon which people and economies depend. Sustainable levelopment meets the needs of the present without :ompromising the ability of future generations to meet their )wn needs. Caking. The appropriation by government of private land for vhich just compensation must be paid. Another term for ;minent Domain. Often used when the claim is made that a ;overnment regulation is akin to eminent domain. See CONDEMNATION. fax. Compulsory charge levied by a government for the )urpose of financing services performed for the common )enefit. See TAX BASE, TAx RATE. Cax Allocation Bonds. Bonds issued by redevelopment agencies to revitalize blighted and economically depressed areas of the community and to promote economic growth. See SLIGHT, BOND, COMMUNITY REDEVELOPMENT AGENCY. Cax Base. The objects or transactions to which a tax is applied like parcels of property, retail sales, etc.). State law or local )rdinances define the tax base and the objects or transactions :xempted from taxation. fax Increment. Additional tax revenues that result from ncreases in property values within a redevelopment area. State ow permits the tax increment to be earmarked for •edevelopment purposes but requires at least 20 percent to be ised to increase and improve the community's supply of low - Ind very -low income housing. See AFFORDABLE HOUSING. fax Increment Financing. A tax incentive designed to attract )usiness investment by dedicating to the project area the new )roperty tax revenues generated by redevelopment. The ncrease in revenues (increment) is used to finance development -related costs in that district. See BLIGHT, COMMUNITY REDEVELOPMENT AGENCY, PROPERTY TAX. Tax Rate. The amount of tax applied to the tax base. The rate may flat, incremental or a percentage of the tax base, or any other reasonable method. See TAX, TAX BASE. Telecommuting. Working at home or in a location other than the primary place of work and communicating with the workplace and conducting work via wireless or telephone lines, using modems, fax machines, or other electronic devices in conjunction with computers. Temporary Use. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. Tentative Subdivision Map. A map showing the design of a proposed subdivision of five or more lots. It includes existing conditions in and around the subdivision. This is the stage when a city or county must place all the restrictions it deems necessary on the map. The term "tentative" is misleading, because additional conditions or substantive design changes cannot be required once a tentative subdivision map is approved. See FINAL SUBDIVISION MAP, SUBDIVISION MAP ACT. Traffic Model. A mathematical representation of traffic movement within an area or region based on observed relationships between the kind and intensity of development in specific areas. Many traffic models operate on the theory that trips are produced by persons living in residential areas who are attracted by various non-residential land uses. See TRIP. Traffic Zone. In a mathematical traffic model the area to be studied is divided into zones, with each zone treated as producing and attracting trips. The production of trips by a zone is based on the number of trips to or from work or shopping, or other trips produced per dwelling unit. Transfer of Development Rights. Also known as "Transfer of Development Credits," a program that can relocate potential development from areas where proposed land use or environmental impacts are considered undesirable (the "donor" site) to another ("receiver") site chosen on the basis of its ability to accommodate additional units of development beyond that for which it was zoned, with minimal environmental, social, and aesthetic impacts. Transient Occupancy Tax. Local tax on persons staying 30 days or less in a hotel, inn, motel, tourist home, non- membership campground or other lodging facility. Also called Transient Lodging Tax or Bed Tax. See AD VALOREM TAx, EXCISE TAx, TAx. Transit. The conveyance of persons or goods from one place to another by means of a local public transportation system. 139 140 Planning Commissioner's Handbook League of California Cities Transit -Dependent. Refers to persons unable to operate automobiles or other motorized vehicles, or those who do not own motorized vehicles. Transit -dependent citizens must rely on transit, paratransit, or owners of private vehicles for transportation. Transit -dependent citizens include the young, the disabled, the elderly, the poor, and those with prior violations of motor vehicle laws. Transit, Public. A system of regularly scheduled buses and/or trains available to the public on a fee -per -ride basis. Also called mass transit. Transition Zone. Controlled airspace extending upward from 700 or more feet above the ground wherein procedures for aircraft approach have been designated. The transition zone lies closer to an airport than the outer approach zone and outside of the inner approach zone. See APPROACH ZONE, CLEAR ZONE, OUTER APPROACH ZONE. Transitional Housing. Shelter provided to the homeless for an extended period, often as long as 18 months, and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing. See EMERGENCY SHELTER. Transit -Oriented Development (TOD). Moderate- to higher - density development, located within easy walk of a major transit stop, generally with a mix of residential, employment, and shopping opportunities designed for pedestrians without excluding the auto. TOD can be new construction or redevelopment of one or more buildings whose design and orientation facilitate transit use. See California Department of Transportation, Statewide Transit -Oriented Development Study (2002). Transportation Demand Management (TDM). A strategy for reducing demand on the road system by reducing the number of vehicles using the roadways and/or increasing the number of persons per vehicle. TDM attempts to reduce the number of persons who drive alone during the commute period and to increase 'the number in carpools, vanpools, buses or trains, or wallcing or biking. TDM can be an element of TSM (see below). Transportation Systems Management (TSM). A comprehensive strategy developed to address the problems caused by additional development, increasing trips, and a shortfall in transportation capacity. Transportation Systems Management focuses on more efficiently utilizing existing highway and transit systems rather than expanding them. TSM measures are characterized by their low cost and quick implementation time frame, like computerized traffic signals, metered freeway ramps, and one-way streets. Transportation Tax. Special tax imposed by counties for county transportation needs. Typically collected with the sales and use tax, some cities receive a portion of the transportation tax usually in .25 percent tax rate increments. See AD VALOREM TAX, SPECIAL TAX, TAX. Trees, Street. Trees strategically planted -usually in parkway strips, medians, or along streets -to enhance the visual quality of a street. See MEDIAN STRIP, PARKWAY STRIP, STREET TREE PLAN. Trip. A one-way journey that proceeds from an origin to a destination via a single mode of transportation; the smallest unit of movement considered in transportation studies. Each trip has one "production end," (or origin —often from home, but not always), and one "attraction end," (destination). See TRAFFIC MODEL. Trip Generation. The dynamics that account for people making trips in automobiles or by means of public transportation. Trip generation is the basis for estimating the level of use for a transportation system and the inipact of additional development or transportation facilities on an existing, local transportation system. Trip generations of households are correlated with destinations that attract household members for specific purposes. Truck Route. A path of circulation required for all vehicles exceeding set weight or axle limits, a truck route follows major arterials through commercial or industrial areas and avoids sensitive areas. Turbidity. A thick, hazy condition of air or water resulting from the presence of suspended particulates or other pollutants. Uniform Building Code (UBC). A national, standard building code that sets forth minimum standards for construction. See BUILDING CODE. Uniform Housing Code (UHC). State housing regulations governing the condition of habitable structures with regard to health and safety standards and providing for the conservation and rehabilitation of housing in accordance with the Uniform Building Code (UBC). Urban. Of, relating to, characteristic of, or constituting a city. Urban areas are generally characterized by moderate and higher density residential development, commercial development, and industrial development, and the availability of public services required for that development, specifically central water and sewer, an extensive road network, public transit, and other such services (for example, safety and emergency response). Development not providing such services may be "non -urban" or "rural." The California Environmental Quality Act defines "urbanized area" as an area that has a population density of at least 1,000 persons per square mile. See California Public Resources Code section 21080.14(b). See also CALIFORNIA ENVIRONMENTAL QUALITY ACT, URBAN LAND USE. League of California Cities Glossary Urban Design. The attempt to give form, in terms of both beauty and function, to selected urban areas or to whole cities. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban planning, architecture, and landscape architecture. Urban Growth Boundary. An officially adopted and mapped lime dividing land to be developed from land to be protected for natural or rural uses. Urban growth boundaries (also called urban limit lines) are regulatory tools, often designated for long periods of time (20 or more years) to provide greater certainty for both development and conservation goals. (Source: Greenbelt Alliance). Urban Land Use. Residential, commercial, or industrial land use in areas where urban services are available. Urban Reserve. An area outside of an urban service area but within an urban growth boundary, in which future development and extension of municipal services are contemplated but not imminent. Urban Services. Utilities (like water, gas, electricity, and sewer) and public services (like police, fire, schools, parks, and recreation) provided to an urbanized or urbanizing area. Urban Services Area. (1) An area in which urban services will be provided and outside of which such services will not be extended. (2) Developed, undeveloped, or agricultural land, either incorporated or unincorporated, within the sphere of influence of a city, which is served or will be served during the first five years of an adopted capital improvement program by urban facilities, utilities, and services. The boundary around an urban service area is called the "urban service area boundary" and is to be developed in cooperation with a city and adopted by the county's local agency formation commission . See California Government Code section 56080. Use Tax. The use tax is imposed on the user of a product whenever the sales tax does not apply, such as on goods purchased out-of-state and delivered for use in California and on long-term leases. Tax base is the total retail price. See AD VALOREM TAX, TAX, TAX BASE. Utility Corridors. Rights -of -way or easements for utility lines on either publicly or privately owned property. See EASEMENT, RIGHT-OF-WAY. Utility Users Tax. Tax imposed on the consumer (residential and/or commercial) of any combination of electric, gas, cable television, water, and telephone services. See EXCISE TAX, TAX. Variance. A device which grants a property owner relief from certain provisions of a zoning ordinance when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. A variance may be granted, for example, to reduce yard or setback requirements, or the number of parking or loading spaces. Vehicle -Miles Traveled (VMT). A key measure of overall street and highway use. Reducing VMT is often a major objective in efforts to reduce vehicular congestion and achieve regional air quality goals. Very -Low Income Household. A household with an annual income usually no greater than 50 percent of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development for the Section 8 housing program. See SECTION 8 RENTAL ASSISTANCE PROGRAM. Vested Right. A right that has become absolute and fixed and cannot be denied by subsequent conditions or changes in regulations, unless it is taken and paid for. There is no vested right to an existing zoning classification. Once development has been started or completed, there is a right to maintain that particular use, regardless of the classification given the property. View Corridor. The line of sight - identified as to height, width, and distance - of an observer looking toward an object of significance to the community (like ridgelines, rivers and historic buildings, for example); the route that directs the viewers attention. Viewshed. The area within view from a defined observation point. VLF. See MOTOR VEHICLE LICENSE FEE. Volume -to -Capacity Ratio. A measure of the operating capacity of a roadway or intersection, in terms of the number of vehicles passing through, divided by the number of vehicles that theoretically could pass through when the roadway or intersection is operating at its designed capacity. Abbreviated as "V/C." At a V/C ratio of 1.0, the roadway or intersection is operating at capacity. If the ratio is less than 1.0, the traffic facility has additional capacity. Although ratios slightly greater than 1.0 are possible, it is more likely that the peak hour will elongate into a peak period. See LEVEL OF SERVICE (TRAFFIC). Watercourse. Natural or once natural flowing (perennially or intermittently) water including rivers, streams, and creeks. Includes natural waterways that have been channelized, but does not include manmade channels, ditches, and underground drainage and sewage systems. Water -Efficient Landscaping. Landscaping designed to minimize water use and maximize energy efficiency. Watershed. The total area above a given point on a watercourse that contributes water to its flow; the entire 141 League of California Cities $ 142 Planning Commissioner's Handbook region drained by a waterway or watercourse that drains into a lake, or reservoir. Water Table. The upper surface of groundwater, or that level below which the soil is seasonally saturated with water. Wetlands. Transitional areas between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is covered by shallow water. Under a "unified" methodology now used by all federal agencies, wetlands are defined as "those areas meeting certain criteria for hydrology, vegetation, and soils." Wildlife Refuge. An area maintained in a natural state for the preservation of both animal and plant life. Williamson Act. Known formally as the California Land Conservation Act of 1965, it was designed as an incentive to retain prime agricultural land and open -space in agricultural use, thereby slowing its conversion to urban and suburban development. The program entails a ten-year contract between the city or county and an owner of land whereby the land is taxed on the basis of its agricultural use rather than its market value. The land becomes subject to certain enforceable restrictions, and certain conditions need to be met prior to approval of an agreement. Woodlands. Lands covered with woods or trees. Yard. The open space between a lot line and the buildable area within which no structure may be located, except as provided in the zoning ordinance. Yield. The total amount of revenue a government expects to receive from a tax, determined by multiplying the tax rate by the tax base. Also, the annual rate of return on an investment, expressed as a percentage of the investment. See TAX, TAX BASE, TAX RATE. Zero Lot Line. A development approach in which a building is sited on one or more lot lines. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot Zoning. The division of a city or county by legislative regulations into areas, or zones, that specify allowable uses for real property and size restrictions for buildings within these areas; a program that implements policies of the general plan. See GENERAL PLAN, INCLUSIONARY ZONING, REZONING, SPECIFIC PLAN, SPOT ZONING. Zoning Amendment. An amendment to or a change in the zoning ordinance. Rezonings can take three forms. 1) a comprehensive revision or modification of the zoning text and map; 2) a text change in zoning requirements; and 3) a change in the zoning designation of a particular parcel or parcels of land. Zoning District. A designated section of a city or county for which prescribed land use requirements and building and development standards are uniform. Zoning Map. The officially adopted zoning map specifying the uses permitted within certain areas. League of California Cities Glossary 00 0. 0 00 00 00 000 0 00 t ACRONYMS AND ABBREVIATIONS A Agricultural ACOE U.S. Army Corps of Engineers ADA Americans with Disabilities Act (1990) ADT Average Daily Trips made by vehicles or persons in a 24 -hour period Accessory Dwelling Unit acre foot American Institute of Architects American Institute of Certified Planners Airport Land Use Commission American Planning Association Air Quality Management District. Air Resources Board American Society of Civil Engineers Best Available Technology Business Improvement District Bureau of Land Management Best Management Practices Below -Market Rate Dwelling Unit Commercial zone/use of specified intensity Commercial Clean Air Act Computer Aided Design California Environmental Protection Agency Central Business District Covenants, Conditions, and Restrictions Community Development Block Grant California Environmental Quality Act California Endangered Species Act Mello -Roos Community Facilities District Cubic Feet per Second California Housing Finance Agency Capital Improvements Program Congestion Management Plan Community Noise Equivalent Level Consumer Price Index Council of Governments Community Redevelopment Agency Community Service District Conditional Use Permit Federal Clean Water Act ADU of AIA AICP ALUC APA AQMD ARB ASCE BAT BID BLM BMP BMR C C CAA CAD CalEPA CBD CC&Rs CDBG CEQA CESA CFD cfs CHFA CIP CMP CNEL CPI COG CRA CSA CUP CWA dB DFG DOE DOT DU EIR EIS EJ EPA ESA FAA FAR FAUS FEMA FHA FHWA FIA FIR FIRE FIRM FM FmHA FPPC FTA FWS GIS GLA GMI GPS HAP HCD HCP HOV HTF HUD ISTEA JPA LAFCO Decibel Department of Fish and Game Department of Energy (U.S.) Department of Transportation (U.S.) Dwelling Unit Environmental Impact Report (California) Environmental Impact Statement (Federal) Environmental Justice Federal Environmental Protection Agency Federal Endangered Species Act Federal Aviation Administration Floor Area Ratio Federal Aid to Urban Systems Federal Emergency Management Agency Federal Housing Administration Federal Highway Administration Fiscal Impact Analysis (also Federal Insurance Administration) Fiscal Impact Report Finance, Insurance and Real Estate Flood Insurance Rate Map Facility Mapping Farmers Home Administration Fair Political Practices Commission (California) Federal Transit Administration U.S. Fish and Wildlife Service Geographic Information Systems Gross Leasable Area Gross Monthly Income Global Positioning System Housing Assistance Plan California Department of Housing and Community Development Habitat Conservation Plan High -Occupancy Vehicle Housing Trust Fund U.S. Department of Housing and Urban Development Industrial Intermodal Surface Transportation Efficiency Act Joint Powers Authority Local Agency Formation Commission 143 Planning Commissioner's Handbook League of California Cities 144 LCP LHA LOS LRT M-1,2. MF MGD MH MOU MPD MSCP MXD NAHB Local Coastal Plan/Program Local Housing Authority Level of Service Light -duty Rail Transit Manufacturing Zone Multifamily Millions of Gallons per Day Manufactured Housing Memorandum of Understanding Master Planned Community Multi -Species Conservation Plan Mixed Use Development National Association of Home Builders NAHRO National Association of Housing & Redevelopment Officials NCCP Natural Communities Conservation Plan NEPA National Environmental Policy Act NGO Nongovernmental Organization NHPA National Historic Preservation Act NMFS National Marine Fisheries Service NOC Notice of Completion (CEQA) NOD Notice of Determination (CEQA) NOP Notice of Preparation (CEQA) NPDES National Pollution Discharge Elimination System NRCS National Resources Conservation Service OPR Governor's Office of Planning and Research (California) P&Z Planning and Zoning PC Planning Commission PCD Planned Commercial Development PDR Purchase of Development Rights PHT Peak Hour Traffic (or Peak Hour Trips) PID Planned Industrial Development PPB Parts Per Billion PPM Parts per Million PUD Planned Unit Development QOL Quality of Life R Residential R-1,2 Residential Zone/use of specified intensity RDA Redevelopment Agency RFP Request for Proposal RFQ Requests for Qualifications RLUIPA Religious Land Use and Institutionalized Persons Act ROW Right -of -Way RPA Regional Planning Agency RTPA Regional Transportation Planning Agency SFD Single -Family Dwelling SLAPP Strategic Lawsuits Against Public Participation SRO Single -Room Occupancy STIP State Transportation Improvement Plan TDM Transportation Demand Management TDR Transfer of Development Rights TEA -21 Federal Transportation Equity Act for the 21st Century TMDL Total Maximum Daily Load TOD Transit -Oriented Development TOT Transient Occupancy Tax TSM Transportation Systems Management UBC Uniform Building Code UGB Urban Growth Boundary UHC Uniform.Housing Code UMTA Urban Mass Transportation Administration USDA U.S. Department of Agriculture USDI U.S. Department of the Interior USFS U.S. Forest Service USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey VLF Vehicle License Fee VMT Vehicle Miles Traveled WMD Watershed Management Program WQMP Water Quality Management Plan ZLL Zero Lot Line ZO Zoning Ordinance eirei oi Rea, qi€14 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 www.Rolling-Hills.org RESIDENTIAL DEVELOPMENT HIGHLIGHTS NOTE: According to Section 17.24.020 of the Rolling Hills Municipal Code, illegal uses or structures are required to be made conforming or shall be removed. Therefore, you may be required to modify or remove any unauthorized or unlawful use or structure on your property prior to or in conjunction with an application for any development. In addition, any unauthorized construction shall be subject to the retroactive permit process and is subject to higher application fees and penalties. All property in the City of Rolling Hills is subject to the laws and regulations of two governing entities: THE CITY OF ROLLING HILLS and THE ROLLING HILLS COMMUNITY ASSOCIATION. The duties and obligations of the City and Community Association are totally separate and distinct. Following are some of the highlights of the more important facts from the CITY OF ROLLING HILLS ZONING CODE relating to uses and construction on property in this unique community: SETBACKS: Front yard - 50' from front easement line in RA -S-1 and RA -S-2 Zones Side yards - 20' from property line in RA -S-1 Zone 35' from property line in RA -S-2 Zone Rear yard - 50' from property line in RA -S-1 and RA -S-2 Zones * For corner lots and through lots see Section 17.16.120, 17.16.130 and 17.12.250 For stables and other animal keeping structures see Section 17.18 * For setbacks on lots of less than 1.25 acres see Section 17.24.045 * For setback requirements in the Overlay Zoning District (OZD-1) see Section 17.17 EASEMENTS All property is subject to perimeter easements varying in width around each property boundary and road easements, granted by the property owner to the Community Association, a corporation, or another person or entity for the purpose of construction and / or maintenance and use of streets, driveways, trails, utilities, drainage facilities, sewers, open space, and / or a combination of these uses. The Community Association requires that all easements must be kept free of buildings, fences, plantings or other obstructions. For questions on easements and trails contact the Community Association. PERMITTED USES IN RA -S-1 AND RA -S-2 ZONES 1. Single family residence with min. 2 -car garage (3 -car garage if there is a guesthouse) 2. Tree, bush, and field crops ACCESSORY USES AND STRUCTURES Not permitted in the front yard, or in any setbacks (see Sections 17.16.140, 17.16.150, 17.16.190, 17.16.200 for conditions and restrictions). The following may be approved over the counter: 1. Bam /Stable /Aviary and similar animal shelters 2. Corral /pen /turnout without grading 3. Greenhouse 4. Gazebo, outdoor barbecue /fireplace /trellis 5. Noncommercial radio antenna 6. Domestic animals (no swine, except up to 2 pot- bellied pigs) • 7. Aggregate of 3 recreational/vehicles /boats / trailers/horse trailers (may be in a driveway but 50' or more from a roadway easement) 8. Solar panel 9. Satellite dish antenna 10. Swimming pool / spa /jet. pool / water fountain 11. Playhouse and playground equipment 12. Walls 13. Cabana, recreation room, storage room, hobby shop, guest house 14. Accessory dwelling units and jr. accessory dwelling units (Ch. 17.28) 15. Marijuana cultivation of up to 6 plants (indoors only within a max. 100 s.f. area) (Ch. 17.29) CONDITIONAL USE PERMIT (CUP) WITH SINGLE FAMILY RESIDENCE (not permitted in the front yard or in any setback, except for driveway & stable/corral may be 25' from rear property line.) Planning Commission approval and City Council concurrence of development plans are required for all uses and structures requiring a CUP. 1. More than one driveway 2. Cabana, detached rec. room, storage room, hobby shop - over 200 s.f. & max. 800 s.f. (sleeping facilities prohibited) 3. Guesthouse (max. 800 s.f.) 4. Corral /pen over 550 s.f. SITE PLAN REVIEW 5. Stable - over 200 s.f. 6. Detached garage 7. Horseback riding ring over 7,200 s.f. 8. Mixed use structure over 200 s.f. 9. Recreational game court (i.e. tennis court) Planning Commission approval and City Council concurrence of development plans are required for any of the following: 1. Grading 2. Any new building or structure (see exceptions under Accessory Uses and Structures) 3. Expansion, modification, alteration, or repair of any existing residence which (i) constitutes grading; or (ii) increases the size of the structure by more than 999 s.f. in any 36 -month period 4. Lot Line Adjustment 5. Pool/spa/water features 800 s.f. or greater 6. Walls higher than 3 ft. The Site Plan must minimize grading; preserve terrain and natural drainage courses; be harmonious in scale and mass with the building pad, the natural terrain, and surrounding residences; preserve native vegetation, mature trees, drainage courses, and land forms; and must be convenient and safe for the movement of pedestrians, equestrians and vehicles. BUILDING HEIGHT ROOFING STRUCTURAL LOT COVERAGE TOTAL LOT COVERAGE (includes structures and flatwork) Single story. Class A roof, non -reflective. (Class A material and assembly). 20% of net lot area max. 35% of net lot area max. BUILDING PAD COVERAGE The Planning Commission has established a guideline of 30% coverage. BUILDING PAD SIZE 12,000 s.f. min. (not in setbacks) MAXIMUM DISTURBED AREA 40% of net lot area; 50% if 50% of slopes are 3:1 or less; 60% if all slopes (graded areas and impervious surfaces) are 3:1 or less in grade STABLE & CORRAL Min. 200 s.f. stable (if built). (if not built, area must be set aside Min. 550 s.f. corral. for future min. 450 s.f. stable Vehicular accessway required, which may not be entirely paved (except that the & 550 s.f. for corral) Fire Department may require a paved access) VIEWS Neighbors are encouraged to work together to preserve views. GEOLOGY & SOILS Required for all construction. UTILITIES Must be placedunderground for all new construction & upgrades REVIEW OF BUILDING PERMITS All construction requires review and approval of the City of Rolling Hills, Community Association and L.A. County Building & Safety or Willdan Engineering. The L.A. County Building and Safety - Lomita Office is at 24320 Narbonne Avenue, Lomita, CA 90717, phone: (310) 534-3760. The Willdan Engineering Office is at 13191 Crossroads Parkway North, #405, Industry, CA 91746, phone: (562) 908-6200. THESE HIGHLIGHTS SHOULD BE READ CAREFULLY AND APPLICANTS ARE ADVISED TO CONSULT THE CITY OF ROLLING HILLS ZONING CODE AVAILABLE AT WWW.ROLLING-HILLS.ORG FOR EXPLANATION OF TERMS AND DETAILED REQUIREMENTS. APPLICANTS SHOULD ALSO CONSULT WITH THE COMMUNITY ASSOCIATION FOR THEIR BUILDING REGULATIONS. Public/ Flyers / Residential Development — Rev. 2018 PLANNING PROCESS GUIDE FOR THE RESIDENTS OF ROLLING HILLS 1. INTRODUCTION This Guide, prepared by the Planning Commission of the City of Rolling Hills, is to provide information and help our residents to understand and implement construction and the permit process in the City. The responsibilities and functions of the City of Rolling Hills (City) and the Rolling Hills Community Association (Community Association), an independent homeowners association, are noted. The City's development and growth is guided by the General Plan, which consists of several elements, including the Land Use Element. The General Plan is written and updated, with the help of the residents. The City's General Plan takes a strong position on maintaining the rural character of this City. The Rolling Hills General Plan describes our community as follows: • Rural residential community • Low density development • One to five acre parcels • Country atmosphere with three rail fences • One story, ranch style homes • Easement trails • Abundant equestrian facilities • Preservation of native flora and fauna The City's General Plan goal is to maintain Rolling Hills' distinctive rural residential character. 2. THE LAND USE ELEMENT OF THE GENERAL PLAN AND ITS RELATIONSHIP TO OTHER LAND USE CONTROLS The Land Use Element of the General Plan describes official City policy for the location of land uses and their orderly growth and development. It serves as a guide for public officials and citizens to determine the best,uses of lands within the City. The Land Use Element provides for the continued residential emphasis of the Rolling Hills community. The General Plan ensures that this growth will take place in a way that promotes compatibility with adjacent properties, preserves the existing rural residential character, and is environmentally sensitive. California State law requires that consistency exist between the General Plan and all other land use plans, policies and programs. In addition, zoning ordinances, specific plans and individual project plans must be consistent with the goals, policies and standards in the General Plan. 3. CONTROLS AFFECTING LAND DEVELOPMENT IN ROLLING HILLS The California State Constitution gives authority to cities and counties to enact and enforce planning and land use regulations to protect the public health, safety and welfare of the residents. The General Plan is a tool by which comprehensive, community -wide land use policies and goals are set and implemented. It is the constitution for future development within the community, and as such, sits atop the hierarchy of all land use controls. The City's regulation of land development is accomplished by the use of three types of controls: (1) The General Plan through which community goals and development Amended 08/2019 policies are determined; (2) The California Environmental Quality Act (CEQA) through which environmental controls mandate environmental review of planning and permit applications to assure long term protection of the environment; and (3) Zoning and subdivision entitlements through which individual development projects are considered, reviewed and approved or disapproved in accordance with the established General Plan and environmental criteria. The two entities in the City with the authority to implement laws and regulations, adopted by each entity seperately are the CITY OF ROLLING HILLS("City") and THE ROLLING HILLS COMMUNITY ASSOCIATION ("Community Association"). The duties and obligations of the City and the Community Association are totally separate and distinct. Each implements its own rules and regulations as a separate entity. The City's Zoning Ordinance established rules and requirements for development in the City, based on the criteria enumerated in the General Plan. Some of the City's Zoning Code requirements pertaining to land use and development are summarized in a document available from the City on the City's website entitled, "Residential Development Highlights" 4. THE PLANNING COMMISSION The Planning Commission is an official City body that consists of five residents appointed by the City Council. The Planning Commission's functions are stipulated in the California State Planning Law, which includes a requirement that information on and coordinated review of development project applications be conducted. The Commission is required to act on development applications under their purview, as stipulated in the City's Zoning Ordinance. The Commission is advisory to the City Council in other matters, such as subdivision applications and ordinances. The Commission's function is to assure that the proposed use of the land is in compliance with the General Plan and with the Rolling Hills Municipal Code, adopted by the City Council. (The Rolling Hills Community Association Architectural Committee conducts an independent review of the proposed land use to ensure compliance with deed restrictions, easements and building architecture and to ensure that the concept of a rural community has been maintained). Information on development standards and requirements, application procedures, submittal deadlines and schedule is available at City Hall and on City's website. The Planning Commission meets on the 3- Tuesday of each month at 6:30 PM. in the City Council Chambers at 2 Portuguese Bend Road. 5. PERMIT PROCESS State law requires every City and County to designate a single administrative entity, usually the planning department, to provide information and coordinate the review of development project applications. The permit process in the City of Rolling Hills involves the City, the Community Association and the County of Los Angeles, and begins with the applicant submitting a preliminary plan for review to both, the City and Community Association. With their approval, after following the steps enumerated below, the plans can be submitted to the County for Plan Check. The City In an over-the-counter conference, the City Planner gives guidance on development requirements and application processing. He/she provides feedback on the proposed development and its consistency with the Zoning Ordinance requirements, and completeness of the plans, if submitted. Several handouts explaining City's development Amended 08/2019 requirements and application processing are available at the City Hall counter. With some exceptions, such as building a small addition where grading is not required, an application for development must be reviewed and approved by the Planning Commission. An application fee is paid to the City to cover the City's cost of processing the application. Testimony from the applicant and the public is taken at a Planning Commission hearing. At the hearing, a field trip is scheduled for the Commission and interested parties to view a silhouette of the proposed project and to take additional public testimony. At a subsequent public meeting, the Planning Commission determines findings that are formulated into a resolution for approval or denial of the proposed development. A resolution for approval contains conditions which govern the development and which the applicant agrees to carry out. The Planning Commission's decision in a form of a resolution is sent to the City Council. The City Council may receive and file the resolution, request a review thereof, or if an appeal is filed, hear the appeal. Anyone disagreeing with the Commission's decision to approve or deny the application may appeal the decision to the City Council. In a case of an appeal, the Planning Commission's decision is stayed until the City Council completes its public hearing process. Once the approval is granted and the public hearing process is completed, the applicant submits preliminary plans for Plan Check, which is conducted by the Los Angeles County. Both the City and Community Association must approve preliminary plans before a Plan Check may be conducted. The Community Association The permit process begins by submitting over-the-counter plot plan and elevations to determine completeness for submission to the Architectural Committee. An Association fee for the review is paid at the same time. The Architectural Committee holds a meeting pertaining to the case. At the meeting, the Architectural Committee, using Association's Building Regulations studies and evaluates the proposed development to assure conformance with the rural character of the community. Deed restrictions and easements are reviewed as well. Following the Architectural Committee approval, the applicant submits for Plan Check as stated above. Approval by the City of any development plan or particular elements of a plan does not constitute approval by the Community Association , and vice versa. The permit process, purview of review and jurisdiction of the City and the Association are separate. °:- Please consult the City, Community Association and the County on fee structure. Los Angeles County Two sets of plot plans, elevations, drainage and engineering calculations are submitted to the Los Angeles County Department of Public Works, Building and Safety Division, located at 24320 Narbonne Avenue, Lomita, CA. Building Officials assess the completeness of the plan at the counter. The applicant pays plan check fee. The fee is based on the valuation of the improvements. The applicant can provide his/her own valuation or the County's official will estimate the cost of the improvement for the applicant. This valuation is used in assessing additional property taxes for your property, once he project is completed As part of the plan check, if the Plan Checker determines the plans are incomplete and/or that other documents are needed, the Plan Checker will issue a list of corrections. Particular attention is paid to engineering aspects of hillside construction, drainage, type of soil, proposed roofing materials, and to structural compliance of the development with Amended 08/2019 City's and County's codes. The county may require that soil, hydrology and geological reports sare ubmitted. Other studies may be required as well. When satisfactory compliance is reached, the plan is approved and a Building Permit is issued. A building permit fee is paid to cover inspections during key phases of the development. 6. PRACTICAL POINTS AND TIPS TO FACILITATE YOUR PROJECT • Schedule a separate pre -application meeting with the City Planner and the RHCA Manager to discuss your project. • Obtain all of the necessary forms and information pertaining to allowed development/improvements. This information can be obtained from the City, for City requirements, and from the RHCA for the Association's requirements. • Do not begin any project without City's and RHCA's permission or grading without a grading permit. • Any man-made alterations or changes to the "natural grade" or ground surface in its natural state is considered "grading". The City of Rolling Hills Building Code requires that a grading permit be obtained for any cut or fill of the soil exceeding 3 feet in depth or 3 feet in height covering more than 2,000 square feet of the existing ground surface area. All soils must be balanced on site. No exportation or importation of soil to or from any lot in the City shall be permitted, unless approved by the City under certain conditions. • An engineer or architect who understand hillside construction and constraints could move the project along more expeditiously than someone without that experience or knowledge. • Begin construction of your project only after obtaining City's, RHCA's, and County's approvals and building and/or grading permits. • Begin construction of your project within two years of receiving permission from the City. • Build according to approved plans and note that all architectural exterior changes require Architectural committee approval. • Contact Planning Staff immediately, if changes from the approved plans are anticipated . • Contact Planning Staff immediately to facilitate rectification of erosion or hillside slippage. • Any contractor or subcontractor entering the City of Rolling Hills must first obtain permission from the RHCA to enter and work in the City. Concrete trucks may enter only at the Main Gate. Workers will be delayed until and unless they have Community Association permits. • Construction and Demolition permit from the City is required to ascertain that 65% of construction material and debris are being recycled and not taken to a landfill. • Stay on good terms with your neighbors and inform them in advance of your proposed development. • The City has many useful guides, reference materials, documents and resources on how to hire a contractor, how to get your project approved, the General Plan, Building Code regulations, Zoning Code regulations, grading guide and other material that my help you in expediting and implementing your project. • The RHCA has various historical information on the City and its development as well as their Building Regulations and other useful material. 7. DIRECTORY Amended 08/2019 City of Rolling Hills Planning Department 2 Portuguese Bend Road, Rolling Hills, CA 90274 Rolling Hills Community Association 1 Portuguese Bend Road, Rolling Hills, CA 90274 Los Angeles County Building and Safety: Plan Check 24320 Narbonne Avenue, Lomita CA 90717 Los Angeles County Geology Soils, and Drainage 900 S. Fremont Avenue, Alhambra, CA 91803 City of Rolling Hills Website: www. Rolling-Hills.org 8. WHO TO ASK* Accessory uses & structures Bridle Trails Building permits Development application process Development standards Drainage Easements Exterior appearance/architectural Fence design & location Geology and soils Grading Landscaping Mod./repair/alteration of structures Native flora and fauna New buildings and structures Paint Roofing Street maintenance Traffic & road signage Vegetation & views Zoning regulations C A A,C,L A,C,L A,C L A C C L C,L A,C A,C C A,C A A,C A A A,C C (310) 377-1521 (310) 544-6222 (310) 534-3760 (626) 458-4923 *C = CITY A = COMMUNITY ASSOCIATION L = LA COUNTY Amended 08/2019 CITY OF ROLLING HILLS CITY ATTORNEY'S PLANNING COMMISSION ORIENTATION MANUAL March 2009 Prepared by: MICHAEL JENKINS. City Attorney Elizabeth M. Calciano Deputy City Attorney Ici,v.57 5e/ha. 20/9 INTRODUCTION Congratulations on your appointment as a Planning Commissioner! This Manual has been created by the City Attorney to help orient you with respect to your responsibilities as a city official. We hope that you*find this Manual useful. When in doubt as to the powers of your commission or board or your legal obligations and responsibilities, you should consult the Municipal Code and the City Attorney. Michael Jenkins Tel: 310.643.8448 Fax: 310.643.8441 MJenkins@localgovlaw.com www.localgovlaw:com Elizabeth M. Calciano Tel: • 310.643.8448 Fax: 310.643.8441 ECalciano@localgovlaw.com TABLE OF CONTENTS Description Page Introduction i List of General Procedures 1 Public Hearing Procedure 4 Sample Public Hearing Script 5 Importance of Findings in Quasi -Judicial Actions 6 California Environmental Quality Act, Required Procedures 9 The Ralph M. Brown Act 15 Conflicts of Interest 18 CITY OF ROLLING HILLS PROCEDURES The following is an outline of standard municipal meeting procedures. These apply to all commissions generally. Some procedures are. required by law and some may be varied. In many cases, the procedures you employ have important legal significance. Before changing procedures, you should always consult with the City Attorney. TYPE OF MEETINGS: REGULAR. MEETINGS: All regular business of the Commission should usually be conducted at the regular meetings. Once the meeting is adjourned, the Commission may not meet again until the next regular meeting, unless the Commission adjourns to a different time and place or unless a special meeting is called. Field trips and "study sessions" occurring on a date other than a regular meeting date are adjourned meetings or special meetings. ADJOURNED MEETINGS: At the conclusion of a regular meeting, the Chair may adjourn the meeting to a specific time, place and date. This allows for an extension of the regular meeting. If a regular meeting of the Commission is adjourned to another time, the Commission Secretary shall post notice of an adjourned meeting. Adjourned meetings can be again adjourned to a date, time and place specific; however, once any meeting is finally adjourned, it cannot be reconvened. SPECIAL MEETINGS: Special meetings may be called by the Chair or a majority of the Commission under the following guidelines: Written notice must be delivered personally or by mail to each member of the Commission, the Commission Secretary, and the local newspapers, at least 24 hours prior to the time of the meeting. Notices should also be posted, at least 24 hours prior to the time of the meeting, at the posting places within the City designated for the posting of notices. The notice must contain the subjects of the meeting and only those subjects may be considered at the special meeting. 1 CONDUCT OF MEETINGS: CHAIR: The Chair shall preside at all Commission meetings. The Commission shall, by majority vote, elect a Chair and elect a Vice -Chair to serve in the absence of the Chair. COMMISSION SECRETARY: The Commission Secretary takes and pre- pares minutes of a Commission meeting and is responsible for ensuring that notices of meetings are properly posted or delivered. AGENDA: Under the Brown Act (discussed in depth later) agendas for regular meetings shall be posted no later than 72 hours in advance of a meeting. MINUTES: Minutes of all meetings must be prepared and submitted to the Commission for approval. After approval by a majority vote of the Commissioners present, the Commission Secretary shall distribute, post and file the minutes. The minutes are not a transcript or a complete record of the proceedings and need only accurately reflect the actions taken by the Commission. MEETINGS OPEN TO PUBLIC: All meetings must be open to the public in accordance with the Brown Act. Every agenda for regular meetings must provide an opportunity for members of the public to directly address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission but not on the agenda. Also, members of the public must be provided an opportunity to address the Commission on any agenda item prior to, or concurrently with, the Commission's consideration of the item. The Commission may establish its own procedures relative to public participation during the conduct of Commission business, provided the procedure does not conflict with the Brown Act. QUORUM: A quorum, which consists of a majority of the members of the City Commission, must be present at all times during the meeting. CONDUCT OF HEARINGS: The general manner of conducting hearings is within the control and discretion of the Chair. After sufficient discussion and presentation of a matter, either the Chair or any member entitled to vote upon the matter being heard may introduce a motion to decide the matter. 2 THE REOPENING OF HEARINGS. No hearing that has once been closed may be reopened without additional notice in the same manner as the original hearing, unless the hearing isreopened at the same meeting it was closed and before the. Commission has taken up another matter. Once the Commission has taken final action on an adjudicative item, the Commission loses jurisdiction and the hearing may not be reopened unless the matter has been remanded to the Commission by the City Council. HE/SHE WHO DECIDES MUST HEAR: When the Commission is acting in an adjudicative capacity,' and if a Commissioner is to vote on a matter which is the subject of a public hearing, the Commissioner should be present during the public hearing. However, if the public hearing has been closed and continued for a decision to another date, or the hearing continued to another date, an absent member can vote if the member listened to the full tape of the prior hearing or hearings and read all documents considered at the prior hearings on the matter and states that she or he has done so on the record at the hearing. LIMITATIONS ON COLLECTING EVIDENCE OUTSIDE OF THE HEARING: The concept of a fair hearing includes the requirement that all evidence that serves as the basis of an adjudicative decision must be in the record so that it is subject to rebuttal. This can be a problem if Commissioners collect evidence outside of the public hearing. For example, from time to time the Commissioners may find it desirable to visit the site that is the subject of an application before the Commission. So long as the Commissioner indicates on the record that he or she has done so and describes what was seen, a site visit will not affect the validity of the hearing. The Commissioners should avoid speaking to applicants or other members of the public about a matter that is the subject of an adjudicative decision. In the event that they do have a conversation with a member of the public on such a matter, the Commissioner should state on the record who he or she spoke with, and the subject of the conversation. In this way the evidence obtained by the individual Commissioner outside of the hearing will become part of the record, and will be subject to rebuttal during the hearing. 1 The Commission acts in an "adjudicative capacity" (also called "quasi-judicial") when it is applying the law to a specific application, such as when the Planning Commission considers a development application. 3 PUBLIC HEARING PROCEDURE Chair: Staff: Chair: States purpose of hearing, opens hearing. Requests Staff Report. Presents report Requests Members to ask any questions they may have of Staff regarding Staff Report, and to place on the record any statements on whether Commissioners visited site and that they saw, or whether they spoke to anyone concerning this matter (also called Aex parte disclosures@). Requests public testimony. PUBLIC: Testimony is received. Applicant or appellant (if an appeal from a Planning Director=s decision) should go first and should be given time for rebuttal. If the appellant is not the applicant, the applicant should be afforded equal time (because the applicant has a specific legal interest at stake) Chair should instruct those persons testifying that all comments and questions be directed to the Chair and not to other members of the audience. No dialogues should be permitted. Questions by Commissioners of persons in the audience should be asked before the hearing is closed, preferably when the person is testifying.2 Comments by Commissioners should be reserved until all testimony is taken and the public hearing closed. The Chair may set a time. limit for comments by each person testifying. Chair: Closes public hearing. COMMISSION: Deliberates, makes findings and decision. 2 In cases when there is evidence on both sides of the issue or when the evidence is not adequately presented by the opponents or proponents of a project, it is essential that the members of the Commission ask questions which ensure that the relevant evidence is in the record and explain the evidence upon which they are relying in making a decision. 4 SAMPLE PUBLIC HEARING SCRIPT This is the time and place for a public hearing to consider [describe]. Is there a Staff Report? Does any Commissioner have any questions of staff on this matter? Do Commissioners have any ex parte disclosures to make? [Commissioners state any on site visits and evidence outside the hearing relating to this matter] We will now listen to public testimony. All questions and comments on this matter are to be directed to the Commission, not the audience. Questions will be answered by staff at the close of testimony. Applicant, please make your presentation at this time. I will now call the speakers in the order received. I will also call the name of the next speaker so that you may move toward the podium. to be followed by Applicant, do you wish to make any further statement or rebuttal before the hearing is closed? Do any Commissioners have further questions before the public comment portion of the hearing is closed? hearing.) (Staff answers all questions asked by public during the course of the The public testimony portion of the hearing is now closed. (Commission deliberates and may ask questions of staff. All comments should be reserved by the Commissioners until this time. Statements of opinion during the hearing may be regarded as prejudgment of the matter.) IMPORTANCE OF FINDINGS IN QUASI-JUDICIAL ACTIONS The City Planning Commission performs a quasi-judicial function. In other words, the Commission will sit as a "judge" in determining whether a particular land use entitlement, such as a variance or a conditional use permit, is appropriate for a 5 particular piece of property. The following discussion, excerpted from a December 30, 1982 Publication by the State Office of Planning and Research, discusses the importance of the Commission making findings showing the reasons the Commission made its decision. FINDINGS ARE THE CORNERSTONE OF GOOD DECISION -MAKING The Supreme Court has defined findings, explained their purposes and determined when they are needed. Definition The court defined findings as legally relevant subconclusions which expose the city's mode of analysis of facts, regulations, and policies, and bridge the analytical gap between raw data and ultimate decision. In other words, findings are the legal footprints city officials leave to explain how they progressed from the facts through established standards to the decision. Purpose The court outlined four purposes for making findings, two of which are relevant mainly to the decision -making process, and the other two relevant to judicial review functions. Findings should accomplish the following: 1. Provide a framework for making principled decisions, enhancing the integrity of the administrative process; 2. Help make analysis orderly and reduce the likelihood that the agency will randomly leap from evidence to conclusions; 3. Enable the parties to determine whether and on what basis they should seek judicial review and remedy; and, 4. Apprise a reviewing court of the basis for the agency's action. Circumstances Requiring Findings While the four purposes seem clear enough, state law has not clearly distinguished between the situations which require findings from those which do not. Absent a specific statutory requirement for findings, the courts determine when they are necessary. In general, case law has required findings for land use decisions that are adjudicative in nature (also known as quasi-judicial, administrative, or adjudicatory decisions). In this type of decision, the commission holds a hearing, takes evidence, and bases its decision on the evidence. The action involves applying a fixed rule, standard, or law to specific facts and a specific parcel of land. Examples include 6 variances, use permits, and tentative subdivision and parcel maps. In each case local officials apply existing land use or other development standards to specific parcels. By way of comparison,. findings are not necessary for legislative acts, unless specifically required by statute. In contrast with adjudicative acts, legislative acts generally formulate a rule to be applied to all future cases rather than applying an existing rule to a specific factual situation. Examples are the adoption or amendment of a general plan or zoning. ordinance. SUMMARY: BRIDGING THE GAP California courts have demonstrated their concernfor rational and open land use decisions that protect the public interest. The California Supreme Court offered four purposes for findings, all emphasizing these concerns. The now familiar language of "bridging the analytical gap between raw data and ultimate decision" leaves no doubt that courtsintend decision -makers to follow an orderly path of logic before arriving at decisions. While the political reality of making land use decisions involves compromises at times, the political reality must accommodate rational and dispassionate deliberation in the decision -making process. In the area of land use planning, local decision -making bodies must adopt findings when making adjudicative decisions -variances, conditional use permits, tentative subdivision and parcel maps, and public street abandonments. Further, Public Resources Code Section 21081 requires decision -making bodies to make one or more findings when an EIR identifies a proposed project's significant environmental effects. Some state statutes require findings before jurisdictions approve certain legislative decisions, such as growth limiting general plans and growth limiting zoning ordinances. The process of making land use decisions has its rough edges: economic impacts, election campaigns, tender egos, and neighborhood conflicts. Making findings as an integral part of the decision -making process will not guarantee that all of the rough edges will be smoothed out. However, if decision -making officials take findings seriously, they can reduce the public's doubts about the wisdom of their decisions and reduce public skepticism about their motivations. Using findings builds an excellent defense for local officials' decisions, and ultimately more justly serves the public purposes of regulating land use. CALIFORNIA ENVIRONMENTAL QUALITY ACT, REQUIRED PROCEDURES 7 • PREFACE: .The California Environmental Quality Act (CEQA) is designed to assure that decisionmakers understand the environmental impacts of a decision before the decision is made: The following outline explains, in general terms, the basic steps required by CEQA. Each City is required to adopt its own local guidelines for implementing CEQA. 1st Stets: Application Received (A) Staff decides whether the proposed activity is subject to CEQA or is exempt. (B) If the project is exempt no further action under CEQA is required. Staff reports its finding to the Planning Commission.. 2nd Step: If the project is subject to CEQA: (A) Staff conducts and prepares a written Initial Study to determine if the project may have a significant effect on the environment, unless it is clear the project will have a significant effect. In the latter case, Staff may go directly to the 7th Step. The Initial Study consists of the Environmental Checklist plus Staffs analysis of environmental effects. (B) As soon as it is determined that an Initial Study is to be prepared, staff consults informally with other agencies having jurisdiction over the project as to whether an EIR or negative declaration should be prepared. 3rd Step: If from the Initial Study it appears the project may have a significant effect on the environment: (A) Staff or the applicant may suggest project revisions which when implemented will result in the project having no significant environmental effects. If this occurs, the project should be formally revised to reflect these "mitigating measures," and the 4th Step followed. (B) If the project may still result in one or more significant environmental effects after mitigating measures are added, Staff should go directly to the 7th Step.. 4th Step: If Staff determines from the Initial Study that the project will not have a significant effect on the environment: 8 (A) Staff prepares a proposed Negative Declaration including mitigating measures, if any, and attaches a copy of the Initial Study, documenting reasons to support its findings.3 (B) Public notice that a proposed Negative Declaration has been prepared must be given before it is approved/disapproved by the Commission. At least 20 days must be provided for public review of the proposed Negative Declaration, unless State Clearinghouse review is required, in which case the public review period for the proposed Negative Declaration is extended to 30 days as described in (D) below. The notice for the proposed negative declaration must also be filed with the County Clerk, who must post the notice within twenty-four hours after receipt of the proposed negative declaration for a period of 30 days. (C) The City must consult with and solicit comments from each agency with jurisdiction over the project by Law, and must send a copy of the proposed Negative Declaration to these agencies. (D) If the project is of statewide, regional, or area -wide significance, the proposed Negative Declaration must be sent to the State Clearing- house for review. 5th Step: If Negative Declaration Prepared: The Commission must review and consider the Initial Study, proposed Negative Declaration, any comments received and Staffs analysis of the comments. If the Commission finds that there is no evidence that the proposed activity may have a significant impact, the Commission approves the Negative Declaration prior to making any determination on the project. No project can be approved until 3 If mitigation measures are included, a mitigation monitoringprogram must be prepared, and must be adopted at the same time the Negative Declaration is adopted. When an Environmental Impact Report is prepared, a mitigation monitoring program must be adopted when the City makes the findings required by Public Resources Code Section 21081(a) (See Step 12). When making findings regarding the adequacy of mitigation measures proposed in an EIR or when adopting a mitigated negative declaration, the Commission must specify the location and custodian of the documents or other material which constitute the record of proceedings upon which the decision is based. a Negative Declaration has been approved or an EIR has been certified pursuant to the Steps set forth below. If the Commission finds that the proposed activity may have a significant environmental impact, the Commission rejects the Negative Declaration and asks for an Environmental Impact Report (EIR) to be prepared. 6th Step: If Negative Declaration Approved: If the Commission approves the proposed activity, a Notice of Determination must be filed with the County Clerk. If the Negative Declaration includes a finding of no adverse effect on wildlife, a Certificate of Fee Exemption4 must be filed with the Notice of Determination. If the project is one of statewide, regional or area - wide concern, the Notice of Determination must also be filed with the Office of Planning and Research. 7th Step: If There Is or May Still Be a Significant Effect: (A) If it is clear at the outset that there will be a significant effect, or if it appears from the Initial Study that the project may have a signi- ficant environmental effect even with mitigating measures, then a draft EIR must be prepared. (B) A draft EIR must also be prepared if members of the public present substantial evidence that the project may have a significant effect on the environment. 8th Step: If an EIR Will Be Prepared: (A) After determining that an EIR will be required for a project, the City must send a Notice of Preparation to each agency with jurisdiction over the project providing the responsible agencies with sufficient information describing the project and the potential environmental effect to enable the responsible agency to make a meaningful response. The Notice of Preparation must also be filed with the County Clerk, who must post the notice for a 30 -day period. 4 The Fish & Game Code ('710.5, et seq.) imposes certain fee requirements on projects that have an adverse effect on wildlife. (B) Before completing a draft EIR, Staff must consult with other agencies having jurisdiction over the project concerning the scope and content of the EIR. 9th Step: After Completion of an EIR: (A). Upon completing a draft EIR, a Notice of Completion must be filed with the Secretary of Resources and notice stating the significant effects on the environment, if any, anticipated as a result of the project and an opportunity to review and comment on the EIR must begiven to the public, along withthelocation at which all the documents referenced in the draft EIR are available for review. The minimum period for public review and comment is 30 days. (B) The draft EIR must be sent to other agencies having jurisdiction over the project, and Trustee Agencies. (C) If the project is one of statewide, regional or area -wide significance, the draft EIR must also be sent to the State Clearinghouse for review. Also, if the draft EIR is sent to the State Clearinghouse for review, the minimum period for public review is increased to 45 days. 10th Step: Public Hearing: A public hearing on the draft EIR may be conducted and must be properly noticed. 11th Step: Final EIR: (A) Staff assembles the final EIR (draft EIR + public and other comments + responses to significant issues raised in the comments). (B) At least 10 days before certifying a final EIR as complete, a proposed written response must be provided to each public agency that commented on the EIR. 12th Step: Certification of EIR: (A) Commission certifies the EIR as being completed in compliance with CEQA, as having been reviewed and considered by the Commission prior to the decision on the project, and as representing the "independent judgment" of the City. (B) Commission reviews and considers the final EIR and makes the findings required by CEQA and the State Guidelines prior to approving the project, including adoption of a. mitigation monitoring program (See Footnote 3). No project for which an EIR is required • can be approved unless these findings have been made for each significant impact identified in the EIR.5 (C) Commission makes a. decision on the project. This can be at the same meeting as the decision on the EIR. 13th Step: If Commission Approves Project for Which EIR Was Prepared: 5 The possible findings are: (1) Changes or alterations have been required in . . . the project which avoid or substantially lessen the significant environmental effects . . . or (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency . . . or (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Guidelines '15091(a). If the Commission makes either finding 2 or finding 3 for any impact identified in the EIR, CEQA requires the Commission to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The Commission cannot approve the project unless it finds that the benefits of the proposed project outweigh the unavoidable adverse environmental effects. This finding is commonly referred to as a "Statement of Overriding Considerations." If the Commission approves the project, a Notice of Determination must be filed with the County Clerk indicating the Commission's decision, and including a statement that an EIR was prepared and certified as required. If the project requires discretionary approval from a state agency the Notice of Determination must also be filed with the Secretary for Resources. THE RALPH M. BROWN ACT The purpose of the Ralph M. Brown Act, Government Code Sections 54950, et seq., is to ensure that the actions of local governmental entities are taken openly and that all of their deliberations are conducted publicly. The Act applies to the Planning Commission. Thus, all Commission actions and deliberations, including those of Commission Committees of more than three members, must be made in public, and all meetings must be open, except for "closed sessions" as defined by Section 54957.6 Under the Brown Act, a meeting is "Any congregation of a majority of members of a.legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains." In plain English; this means that a meeting is any gathering of a majority of Commission members to hear or discuss any item of Commission business or potential Commission business. Neither a decision, nor participation in a discussion, is necessary to turn a gathering into a Brown Act meeting. Unless a gathering of a majority of Commission members falls within one of the limited exceptions to this rule, if a majority of Commission members are in the same room and merely listen to a discussion of Commission business, then they will be participating in a Brown Act meeting that requires notice, an agenda, and a period for public comment. Thus, if a quorum of Commissioners happens to be in attendance at a social or other function, the members should be careful to avoid situations that could be construed as Brown Act violations. In addition, a meeting need not occur all at one time. It can occur in a serial fashion through a series of telephone calls or other communications by which a quorum of the board's membership is involved. As a rule of thumb a quorum of Commissioners should never discuss or appear to discuss commission business outside of a public meeting or a properly convened closed session. The Commission may not take action or discuss any item that does not appear on the posted agenda. There are two existing exceptions to this rule. The first is if the Commission determines that an emergency situation exists. The term "emergency" is limited to work stoppages or crippling disasters. •The second exception is if the Commission finds by a two-thirds vote that there is a need to take immediate action on 6 The permissible subjects for closed sessions (which are typically not within the jurisdiction of the Planning Commission) include; meeting with the City Attorney to discuss pending litigation, which includes litigation filed with the courts; threatened litigation and whether the City should initiate litigation, real estate negotiations, labor negotiations and personnel matters, matters of national or public security, and license applications by persons with criminal records. an item andthe need for action came to the attention of the local agency subsequent to the agenda being posted. In addition to these exceptions, there are a few new exceptions to the no discussion on non -agenda items rule. Those exceptions are as follows: (1) Members of the Commission may briefly respond to statements made or questions posed by persons during public comment periods. (2) Members of the Commission may ask questions for clarification and provide a reference to staff or other resources for factual information; (3). Members or staff may make a brief announcement, ask a question or make a brief report on his or her own activities. (4) Members may, subject to the procedural rules of the Commission, request staff to report back to the Commission at a subsequent meeting concerning any matter; and (5) The Commission may itself as a body, subject to the rules of procedures of the Commission, takes action to direct staff to place a matter of business on a future agenda. The Commission may not discuss non -agenda items to any significant degree under these exceptions. The comments must be brief. These exceptions do not allow long or wide-ranging question and answer sessions between the public and Commission or between the Commission and staff. When the Commission is considering whether to direct staff to add an item to a subsequent agenda, these exceptions do not allow the Commission to discuss the merits of the matter or to engage in a debate about the underlying issue. According to Section 54959, any member of the Planning Commission who attends a meeting with "wrongful intent and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled . . . "is guilty of a misdemeanor. The criminal penalty is limited to those meetings where "action" is taken. Section 54960 allows the District Attorney or any interested person to commence a civil action in Superior Court to stop or prevent viola- tions or threatened violations of the Brown Act, or to determine whether the Act applies to "actions or threatened future action," and that person may recover the costs of litigation including attorneys' fees. CONFLICTS OF INTEREST Government Code Sections 87100, et sea, require that public officials avoid any serious conflicts of interest when acting in their official capacities. As Commissioners, two aspects of these provisions will affect you. First, you are prohibited from making decisions about any matter in which you have a financial interest. Second, you are required to file a financial disclosure statement annually. Government Code Section 87100 states under what circumstances influencing a governmental decision is prohibited: 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. Section 87103 defines what constitutes a "financial interest": An official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on: (a) Any business entity in which the public official has a direct or indirect investment worth more than two thousand dollars ($2,000). (b) Any real property in which the public official has a direct or indirect interest worth more than two thousand dollars ($2,000). (c) Any source of income, other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided to, received by or promised to the public official within 12 months prior to the time when the decision is made. (d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management. For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official's agents, spouse, or dependent children own directly, indirectly, or beneficially a 10 -percent interest or greater. Obviously, if a Commissioner is applying for a Conditional Use Permit for property the Commissioner owns, that Commissioner should not participate in the decision on the CUP. Section 87103(b). The Commission should be aware, however, that Section 87103(b) also applies to real property that is indirectly affected by a decision of the Commission. There are specific guidelines applicable to a decision that is indirectly affected by a decision: "(e) The effect of a decision is material as toreal property in which an official has a direct, indirect or beneficial ownership interest (not including a leasehold interest), if anv of the following applies: (1) The real property in which the official has an interest, or any part of that real property, is located within a 500.foot radius of the boundaries (or the proposed boundaries) of the property which is the subject of the decision, unless the decision will have no financial effect upon the official's real property interest. (2) The decision involves construction of, or improvements to, streets, water, sewer, storm drainage or similar facilities, and the real property in which the official has an interest will receive new or substantially improved services. (3) The real property in which the official has an interest is located outside a radius of 500 feet of the property which is the subject of the decision it is presumed that the decision will not have a reasonably foreseeable financial effect (but it=s a rebuttable presumption) Regulation 18702.3 [emphasis added).' It is the decision of the individual Commissioner whether his or her "financial interest" constitutes sufficient reason to disqualify himself or herself from consideration of a particular matter. It is therefore important that a Commissioner be on the alert to identify at an early stage any real or potential conflicts of interest, and that he or she acts accordingly. Should a Commissioner need assistance in determining whether a conflict exists, the City Attorney's office may be called. With respect to some potential conflicts, it may be necessary to request an opinion from the Fair Political Practices Commission (FPPC). We can provide you with the telephone numbers of appropriate FPPC staff members or place calls on your behalf. Under recent decisions of the FPPC, the fact that a Commissioner relies on the opinion of the City Attorney does not protect that Commissioner from enforcement actions by the FPPC, if the City Attorney's advice was erroneous. Regulations of the Fair Political Practices Commission, found at Title 2, Division 6 of the California Code of Regulations. Members of the Commission may be among those public officials who are required by Government Code Section 87200 to file a statement disclosing investments and interests inreal property. If so, staff will provide you with these statements, which must be re -filed annually. The Eight Steps of A Conflict Of Interest Analysis 1. Are you a public official within the meaning of the rules? 2. Are you making, participating in making, or influencing a. governmental decision? 3: Do you have an economic interest in the decision? 4. Is your economic interest directly or indirectly involved in the decision? 5. . Are the financial impacts on one=s economicinterests considered important (material) enough to trigger a conflict of interest? 6. Is it reasonably foreseeable (substantially likely) that the governmental decision will result in one or more of the materiality standards being met for one or more of your economic interests?• 7. Does the Apublic generally@ exception apply? 8. Even if you have a disqualifying conflict of interest, is your participation legally required? 1 Are You A Public Official Within The Meaning Of The Rules? All appointed commissioners are public officials for purposes of a conflict of interest analysis. 2. Are You Making, Participating In Making, Or Influencing A Governmental Decision? Typical activities that fall under this section are deliberating, voting, making recommendations or even communicating to someone who will be involved in the decision -making process. Other activities include responding to public comments, negotiating or researching materials relating to a decision on behalf of a public agencyCwhether or not these activities occur in the context of a public meeting. The issue is whether officials are using their official positions to influence or attempt to influence a governmental decision. If the answer to this question is Ayes,@ go on to step 3. If the answer is Ano,@ then there is no conflict of interest for purposes of the Political Reform Act. 3. Do You Have An Economic Interest In The Decision? There are six different ways in which an official may have an economic interest in a decision: 1. Real Property. Investing $2,000 or more in real property creates an economic interest. The interest may be held by an official, the official=s spouse and children: or anyone acting on their behalf. Real property interests can also be created through leaseholds, options and security or mortgage interests in property. 2. Sources of Income. Receiving $500 or more in income from one source within twelve months prior to the decision creates an economic interest. This includes a community property interest in a spouse=s income. 3. Business Investment. An economic interest is created if an official, the official=s spouse or dependent children or anyone acting on their behalf has created an investment worth $2,000 or more in a business entity even if the official does not hold an investment interest or receive income. 4. Business Employment or Management. If a public official serves as a director, officer or partner, trustee, employee or otherwise serves in a management position in a company, an economic interest is created. 5. Gifts. The receipt of gifts of $360 or more in a twelve month period prior to the decision from any one person or organization creates an economic interest regardless of whether the. gift -giver is in the agency=s jurisdiction. If an intermediary gave an official the gift, the official has an economic interest in the intermediary. Additionally, if an official has been promised a gift of $360 or more within a twelve-month period prior to the decision, an economic interest has been created. 6. Personal Financial Effect. An official has an economic interest in the official=s own expenses, income, assets or liabilities and those of the official=s immediate family. If the agency=s decision would affect the official personally by causing any expenses, income, assets or liabilities to change in a twelve-month period, the decision. has a personal financial effect on the official. - 19 - What Constitutes a Year? The timeline for determiningwhether you have an economic interest is twelve months preceding the governmental decision in questionCnot the calendar year. If the requirements for having an economic interest are met, proceed to step 4. If the answer is Ano,@ then there is no conflict of interest for purposes of the Political Reform Act. 4. Are Your Economic Interests Directly Or Indirectly involved In The Decision? If a decision directly affects a public official=s economic interests, a greater risk of bias exists. An indirect effect will pose less of a risk of a bias. The test for whether an interest is directly affected varies according to the type of economic interest involved. Directly Involved. The most general test provides that if one=s economic interest is the applicant or the subject of the decision, one=s economic interest is directly involved. For instance, if the source of income or business entity in which an official has a financial interest initiates a proceeding before the official=s agency, is a named party, or if the decision involves issuing, renewing, approving, denying or revoking a license, permit or other item for that business, the official=s economic interest is directly affected by the decision. Likewise, if the official=s personal finances or a family member=s personal finances are involved, the official=s economic interests are directly involved. Real_Property Interests Your real property is directly involved in a decision if your property is within 500 feet of the boundaries or proposed boundaries of the property that is the subject of the decisionor if the decision involves one of the following with respect to your property: $ Zoning, rezoning, annexation, de -annexation, sale, purchase, lease, or inclusion in or exclusion from any governmental subdivision of the property; $ Issuance, denial or revocation of a license, permit or other land use entitlement; Designation of the survey area, selection of the project area, adoption of the preliminary plan, formation of a project area committee or adoption of the redevelopment plan; or - 20 - $ Construction of, or improvements to, streets, water, sewer storm drainage or similar facilities and the real property will receive new or improved services (excluding repairs; replacement or maintenance of existing services). Indirectly Involved. Generally, if an official=s economic interest is not the subject of the decision; the official=s economic interest is indirectly involved. .Once there is an answer to step 4, proceed to step 5. 5.. What Are The Standards For Determining Whether Your Economic Interests Are Considered Important (Material) Enough To Trigger A Conflict Of Interest? For each economic interest, anofficial must determine whether the impact of the decision is important enoughCa concept known as Amaterial@Cthat it presents a problem under the Political Reform Act. The standard for materiality varies for each type of economic interest. The answer to step 4 shapes the answer to this question. The rules in this area are complicated. If one has reached this step, the official should consult with the City Attorney who can evaluate the facts. The City Attorneys= advice will also reflect a full examination of the current and relevant authorities, especially since the law in this area frequently changes. A general discussion, though, of the most common situations follows. Note: It does not matter if the financial impact is positive or negative. Even if the impact of the decision an official would make would have a negative impact on the officials interests, a conflict of interest still exists under Political Reform Act. Business Entities. If the business entity in which an official has an economic interest is directly involved in a decision, the effect is considered material if there is any financial effect on the business. Note that there is an exception when the investment is in a Fortune 500 or New York Stock Exchange company and is less than $25,000. State law creates other monetary thresholds. The City Attorney=s office will be able to provide the most relevant and up-to-date information. Sources of Income and Gifts. Any reasonably foreseeable financial effect on a person who is a source of income or giver of a gift to an official, and who is directly involved in a decision before the official=s agency, is deemed material. What If A Decision Affects My Or My Spouse=s Salary? - 21 - General Rule. In most instances, a decision will have a material financial effect on your personal finances if your finances are affected by $250 or more in a twelve- month period. Governmental Salaries. A decision that affects only the salary, per diem or reimbursement to you or your spouse from local, stateOr federal government is different. The effect is not considered material unless the decision involves actions such as hiring, firing, promoting or taking disciplinary action with a financial sanction against you or a member of your immediate family. The decision will have a material financial effect on you, though, if the decision affects your salary or the salary of your immediate family in a manner that is different from salaries paid to other agency employees in the same job classification or position. Real Property.. If a real property interest is directly involved in the decision, the effect is considered material unless an official can prove that the decision will not have an effect on the value of the property. If one=s real property interest is indirectly involved, the effect is presumed not to be material unless there are special circumstances involved that would make the decision have a material financial effect on the property. If an official has a leasehold interest in property that will be directly affected (see step 4), the decision will be considered to have a material effect unless the official can show that the decision will not have an effect on the leasehold (for example, no effect on the termination date of the lease, the amount of rent, the value of sublease rights, or the use or enjoyment of the leased real property). If the leasehold interest will be indirectly affected, the decision will be considered not to have a material effect unless certain conditions would arise (the decision will change the use of the property, affect rent by five percent within any twelve month period or change the termination date of the lease). Once one knows which materiality standard applies to an economic interest, proceed to step 6. 6. Is It Reasonably Foreseeable (Substantially Likely) That The Governmental Decision Will Result In One Or More Of The Materiality Standards Being Met for One Or More Of Your Economic Interests? . After evaluating steps one though five above, an official must decide whether it is reasonably foreseeable that the decision will have a material impact on the official=s economic interest. The Fair Political Practices Commission has provided guidance on analyzing foreseeability, which is available on the Commission=s Web site (www.fppc.ca.gov). If it is reasonably foreseeable that one=s economic interest will be materially affected, then the official must proceed to step 7. If it is not reasonably foreseeable that there will be a material financial effect, then the official does not have a conflict of interest under the Political Reform Act. In close situations, it is wise to err on the side of caution. 7. Does The APublic Generally@ Exception Apply? Step 7 is an exception to the conflict of interest rule. If a significant segment of the public would be affected by the agency=s decision in substantially the same manner as a public official would be affected, the exception applies. The thought is that the official will be less biased in these situations. This rule should be closely examined by the City Attorney before being applied, especially since the Fair Political Practices Commission has adopted regulations to determine what a Asignificant segment@ of the public is, depending on the specific facts surrounding the decision. 8. Even If You Have A Disqualifying Conflict of Interest, Is Your Participation Legally Required? Step 8 is another exception to the conflict of interest rule. If the official with the conflict of interest does not participate in the decision, will the agency be prevented from acting in a situation in which it must legally. act? In other words, will the agency lack a quorum and is there no alternative means of making the decision? This rule cannot be used to break a tie, when a quorum can be convened without the conflicted official or when a non -conflicted member of the agency is absent. Again, the City Attorney should closely examine this rule and an official=s situation before this rule is applied. If this exception applies, the conflicted official may participate in the decision. If it does not apply, the conflicted official has a conflict of interest under the Political Reform Act and may not participate. Rosenbert s Rules of' Order 4. REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg .t } LLtE.AGUF CITIES MISSION AND CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of California's cities. About the League of California Cities Established in 1898, the League of California Cities is a member organization that represents California's incorporated cities. The League strives to protect the local authority and automony of city government and help California's cities effectively serve their residents. In addition to advocating on cities' behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine. © 2011 League of California Cities. All rights reserved. ABOUT THE AUTHOR Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught dasses on parliamentary procedure and has served as parliamentarian for large and small bodies. TI TABLE OF CONTENTS About the Author Introduction 2 Establishing a Quorum 2 The Role of the Chair 2 The Basic Format for an Agenda Item Discussion 2 Motions in General 3 The Three Basic Motions 3 Multiple Motions Before the Body 4 To Debate or Not to Debate 4 Majority and Super -Majority Votes 5 Counting Votes 5 The Motion to Reconsider 6 Courtesy and Decorum 7 Special Notes About Public Input 7 INTRODUCTION The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert's Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert's Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five -member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg's Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg's Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg's Rules in lieu of Robert's Rules because they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be dear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five -member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five -member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision -making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed -upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond. Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the condusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. Ninth, the chair takes a vote. Simply asking for the "ayes" and then asking for the "nays" normally does this. If members of the body do not vote, then they "abstain:' Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10 -day notice for all future meetings of this body." Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member's desired approach with the words "I move ... " A typical motion might be: "I move that we give a 10 -day notice in the future for all our meetings." The chair usually initiates the motion in one of three ways: 1. Inviting the members of the body to make a motion, for example, "A motion at this time would be in order." 2. Suggesting a motion to the members of the body, "A motion would be in order that we give a 10 -day notice in the future for all our meetings." 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion. The basic motion is the one that puts forward a decision for the body's consideration. A basic motion might be: "I move that we create a five -member committee to plan and put on our annual fundraiser." The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: "I move that we amend the motion to have a 10 -member committee"A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year." "Motions to amend" and "substitute motions" are often confused, but they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a "motion to amend" or a "substitute motion" is left to the chair. So if a member makes what that member calls a "motion to amend," but the chair determines that it is really a "substitute motion," then the chair's designation governs. A "friendly amendment" is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, "I want to suggest a friendly amendment to the motion." The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, induding the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic "motion to have a five -member committee to plan and put on our annual fundraiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10 -member committee, not a five -member committee to plan and put on our annual fundraiser." And perhaps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would be as follows: First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. Second, if the substitute motion. failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five -member committee), or if amended, would be in its amended format (10 -member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote. Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold." The motion can contain a specific time in which the item can come back to the body. "I move we table this item until our regular meeting in October." Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, "I move the previous question" or "I move the question" or "I call the question" or sometimes someone simply shouts out "question." As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a "request" rather than as a formal motion. The chair can simply inquire of the body, "any further discussion?" If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the "question" as a formal motion, and proceed to it. When a member of the body makes such a motion ("I move the previous question"), the member is really saying: "I've had enough debate. Let's get on with the vote." When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. NOTE: A motion to limit debate could include a time limit For example: "I move we limit debate on this agenda item to 15 minutes." Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super Majority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven -member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, "I move the previous question, or "I move the question," or "I call the question," or "I move to limit debate;" it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. Motion to dose nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to dose nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private dub) might have a rule prohibiting the attendance at meetings by non -club members. A motion to suspend the rules would be in order to allow a non -dub member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it's pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five -member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The supple rule of thumb is to count the "no" votes and double that count to determine how many "yes"votes are needed to pass a particular motion. For example, in a seven -member body, if two members vote "no" then the "yes" vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five -member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote "abstain" or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of"those present" then you treat abstentions one way. However, if the rules of the body say that you count the votes of those "present and voting; then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are "present and voting." Accordingly, under the "present and voting" system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are "present"), but you treat the abstention votes on the motion as if they did not exist (they are not "voting"). On the other hand, if the rules of the body specifically say that you count votes of those "present" then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like "no" votes. How does this work in practice? Here are a few examples. Assume that a five -member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are "present and voting?' If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five -member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three "yes," one "no" and one "abstain" also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote. Now, change the scenario slightly. Assume the same five -member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members "present." Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a "no" vote. Accordingly, if the votes were three "yes, one "no" and one "abstain," then the motion fails. The abstention in this case is treated like a "no" vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. Now, exactly how does a member cast an "abstention" vote? Any time a member votes "abstain" or says, "I abstain; that is an abstention. However, if a member votes "present" that is also treated as an abstention (the member is essentially saying, "Count me for purposes of a quorum, but my vote on the issue is abstain.") In fact, any manifestation of intention not to vote either "yes" or "no" on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote "absent" or "count me as absent?" Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually "absent" That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue.•And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — induding a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. c Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the , personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is "no." There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, "point of privilege." The chair would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear. Order. The proper interruption would be, "point of order?' Again, the chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, "return to the agenda." If a member believes that the body has drifted from the agreed -upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very public - friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. 0 [*_LEAGUES OF CALIFOR\IA CITIES 1400 K Street, Sacramento, CA 95814 (916) 658-8200 I Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8200. $10 © 2011 League of California Cities. All rights reserved. ® Printed on recycled paper. The "Riggins Rules": SUGGESTED DO'S & DON'TS FOR THE CONDUCT OF PUBLIC HEARINGS AND THE DEPARTMENT OF MEMBERS OF BOARDS, COMMISSIONS, & OTHER BODIES by Fred Riggins 1. Don't accept an appointment or nomination to a Board, Commission, or Council unless you expect to attend 99.9999 percent of the regular and special meetings, including inspection trips, briefings and public functions where your presence is expected If your participation falls below 85 percent during any six months' period you should tender your resignation. You aren't doing your job. You aren't keeping will enough informed to make intelligent decisions, and you are making other people do your work for you and assume your considerable responsibility. Your effectiveness and the regard given to your opinions by other member will be direct - ration to your attendance. 2. Do create a good impression of city government. Remember that this is the first important contract that many of the people in the audience have had with the administration of their city and for some this is the most important matter in which they have ever been involved. Many will never be back again and many will never have another such contact and experience. (Editor's Note: The "Rigging Rules" were brought to my attention by Bev Moody. Bev spent 26 years with the City of Phoenix Planning Department before moving to his current position with the Arizona Department of Commerce. During that time he knew the late Fred Riggins, a former Chairman of the Phoenix Planning Commission and author of their ."Suggested Do's & Don'ts" (since retlt/ted the "Riggins Rules" in his honor). BevMoody notes tha the Riggins Rules have been left just as Fred Riggins wrote them in 1967 "because in their bluff crusty, no-nonsence style, the man himself shines through.'" As Bev further'explains, "you may notice that Mr. Riggins did not follow the principles of non-sexist language that prevail today... please be forglnving as he was raised in and wrote these in less sensitive times - and 1t doesn't detract from the good advice he offers." Your performance will create in their minds the. picture which they will always carry with.them of "the way the city is run." Make it a pleasant and comforting a picture as possible. 3: Do be on time, If the hearing is scheduled at 7:30, the gavel should descend at the exact hour, and the hearing begin, if there is a quorum. If you have to wait ten minutes for a quorum and there are 100 people in the room the straggler has wasted two full working days of someone's time besides creating a very bad beginning for what is a very important occasion for most of those present. 4. Don't dress like a bum. Shave, wear a tie, and remember that a coat is never out of place. The people in the audience think you are a very important person. Don't disappoint them by your appearance, conduct, and attitude. 5. Don't mingle with friends, acquaintances, unknown applicants or objectors in the audience before the meeting or during a recess period, if it can be politely avoided. You will invariably create the impression with the uninformed that there is something crooked going on, especially when you vote favorably on the case of the applicant you were seen conversing with. When the other fellow's case comes up and you deny it, he says, "Well, it's easy enough to see that you've gotta know the right people if you ever expect to get anywhere around here." Save your socializing and fraternizing for some other time and place. 6. Don't discuss a case privately and as a single member of a body with an applicant or objector prior to filing and prior to the hearing if it can be politely avoided. In the event that it is not avoidable, and many times it is not, be very noncommittal, don't be too free with advice, and by all means explain that you are only one member of the body, that you have not had an opportunity to study the matter thoroughly, that you have not seen the staff recommendation, and that you have no way of }mowing what opposition there may develop or what will occur at the public hearing. Be certain that the person concerned understands that you cannot commit yourself in any manner, accept to assure him that he may expect a fair and impartial hearing. Even if the case looks pretty good to you, it is wise to be pessimistic about his chances of securing approval. If you give him any - encouragement and any advice and he is denied, he will hate you until your dying day and tell everyone in town that he did just exactly what you told him to do and then, like a dirty dog you voted against him. 7. Do your homework Spend any amount of time necessary to become thoroughly familiar with each matter which is to come before you. It is grossly unfair to the applicant and to the City for you to act on a matter with which you have no previous knowledge or with which you are only vaguely familiar. And you will make some horrible and disturbing decisions. 8. Don't indicate by word or action how you intend to vote during the portion of the hearing devoted to presentations by the applicant, presentations by any persons appearing in objection, and comments by members of the staff. During this period your body is the judge and the jury and it is no more appropriate for you to express an opinion as to the proper decision, prior to hearing all of the testimony, than it would be for a judge or jury member to announce his fu -m conviction in the middle of a court trial regarding the guild or innocence of the defendant. This is not clearly understood by a majority of persons sitting on hearing bodies. It is not too difficult to phrase one's questions or comments in a manner that implies that you are seeking information rather than stating an irrefutable fact and that your mind is closed to further argument. One does not say, "I happen to • know that the applicant has no intention of placing an apartment building on this site. In fact, it has been sold subject to zoning and the purchaser intends to u a mobile home park here if he can get a special permit." Rather than this, one could say, "We have been furnished with some information which indicates that perhaps your plans are not too firm regarding the development you purpose. In fact, there are some who are concerned about a rumor that the property is being sold and that the new owner planned to put a mobile home park at this location, if he can secure the necessary permit. Would you care to comment on this concern of the neighborhood and tell us if is any truth in this rumor?" The same result is accomplished, the information is brought out and made part of the record and you don't look as if you are leading the attack to secure defeat to the applicant's request. 9. Don't fail to disqualify yourself if either directly or indirectly you have any financial interest in the outcome of the hearing, and let your conscience be your guide where it could be said that moral, ethical, political, or other considerations, such as personal animosity, would not permit you to make a fair and impartial decision. In disqualifying yourself, do not state your reasons inasmuch as the mere stating of your reasons can be construed as exerting undue influence on your fellow member. To avoid all accusations of undue influence, it is generally wise to leave the room and ask that the record show that you,did so and that you did not indicate by work or action whether you were in favor of, or opposed to, the matter under discussion: 10. Do rotate the seating in some regular manner each successive meeting to prevent a "strong" member from gradually dominating a "weak" and indecisive member always seated next to him. This will also prevent the forming of little cliques or a not infrequent • grouping of members to the left of the Chair who always opposes those to the right of the Chair, regardless of the merits of the case, to the great detriment of the applicant, the City and other interested parties. 11. Do be polite and impartial; as helpful as possible to the nervous, the frightened and the uneducated, and patient with the confused. 12. Do be attentive. Those appearing before you have probably spent hours and hours preparing and rehearsing their arguments. The least you can do is listen and make them think that you are as interested as you should be. Refrain from talking to other members, passing notes and studying unrelated papers. 13. Don't interrupt a presentation until the question period, except for very short and necessary clarifying remarks or queries. Most applicants have arranged their remarks in a logical sequence and the thing about which you are so concerned will probably be covered if you can force yourself to be quiet for a few minutes. • You can wreck his whole case by a long series of unnecessary questions at the wrong time. He will be your enemy forever. 14. Don't permit more than one person at the podium and . • microphone at any one time. 15. Don't permit a person to directly question or interrogate other persons in the audience. All questions should be addressed to the Chair and to the hearing body. When this person has finished his discussion and stated the questions to which he would like to have answers, then the Chair will permit those who care to make an answer to come forward and do so, but only voluntarily. Do not permit anyone to demand answers to all and sundry questions, especially if it is obviously done for the purposes of harassment. 16. Don't use first names in addressing anyone at all during the course of the hearing. This includes audience, applicants, members of your particular body, even if the person concerned is your brothcr or your best friend Nothing, repeat nothing creates a more unfavorable impression on the public than this practice. It is poor "hearing manners," destroys the formality of the occasion, and makes the uninformed certain that some sort of "buddy -buddy deal" is about to be consummated. If you just can't bring yourself to call someone Mr. or Mrs. Use the third person form and him "the applicant," or "the person who is objecting," or "the gentleman (or lady)," who is appearing here in connection with this case. 17. Do show great respect for the chair always addressing the Chairman as "Mr Chairman," "The Chairman," or "Chairman Jones," and always wait to be recognized before continuing. • This will set an example for ' applicants and others wishing to be heard and will contribute a great deal toward the orderliness of the proceedings. 18. Don't be critical of attorneys • who sometimes feel impelled to give unnecessarily lengthy presentations on behalf of their clients. Avoid the strong temptation to make matter as difficult as possible for them. They are just trying to make a living and must convince their clients that they are really earning the rather substantial fee which they feel their service merits. 19. Don't indulge in personalities and don't permit anyone else to do so. 20. Don't try to make the applicant or any other person appearing before you look like a fool by the nature of your questions or remarks. This is often a temptation, especially when it is apparent that someone is being slightly devious and less. than forthright in his testimony. But don't do it. If you must "expose" someone, do it as gently and kindly as possible. 21. Don't become involved in altercations. Some persons seem to come to hearings with the express purpose of "telling them guys down there how the cow ate the cabbage." If you answer their irrelevant rantings, you are immediately involved in a fight. Don't answer or try to defend yourself. You are there to hear testimony and make decisions based thereon, not to head up a debating society. Remember your the judge and the jury. In most cases, it is sufficient to say, "thank you very much for coming here and givingus the benefit of your thinking. I am sure that the members of this body will find your remarks serious consideration when they are making their individual determinations on the merits of this case. Is there anyone who wishes to be heard?" 22. Do invite interested persons to come forward where they can see when an applicant is discussing or talking from a diagram, site plan, or exhibit which is not visible to the audience. 23. Do not permit people to speak from the audience. If it is important enough for them to speak at all, it is important enough from them to be recognized, come forward, give their name and address and say what they care to, if their remarks arc pertinent. 24. Do not permit people to leave the podium and microphone and approach closer to the hearing body except in unusual circumstances, usually to show a small exhibit or to explain some detail.. This ordinarily breaks down into a small mumbling session at one end of the dais with one or two members of the hearing body, the others are uncertain about what is going on. The conversation usually does not get recorded, cannot be heard by the audience, and is almost impossible to control from the Chair. 25. Don't become involved in neighborhood quarrels or wind up as the referee even if you are a veritable Solomon. No matter how fair or impartial you should be, both sides will be mad at you. Stick to the merits of the case and rule out -of -order • testimony which is irrelevant, personal, hearsay, and not pertinent to the matter being heard. 26. Don't be vindictive and "punish" the applicant for some real or imagined affront to you or your Body on some previous occasion, perhaps bearing no relation to the present hearing. It must be assumed that he is there legally, he has a right to be heard, and he has a right to a fair and impartial hearing on the merits of his present case without reference to something which he might or might not have done in the past or will perhaps do in the future. 27. Don't try to be a hero to beautiful women, little old ladies, a widowed mother with tiny infants in their arms and the financially and socially distressed. Be sympathetic but objective, and don't get carried away with such a strong desire to help that you throw the rule book out the window. Ninety-nine times out of a hundred you will do them some questionable service at the expense of their neighbors or the City and your kind -hearten action will come back to haunt you much sooner than anyone could have imagined. Stick to the rules. 28. Don't assume the role of a fairy godfather to those who have become involved in bad business deals or other self- imposed difficulties. 29. Do not fail to give a reason when making a motion for approval or denial of an applicant's request. If you fail to do this, the applicant, any objectors, a reviewing body of higher authority, or the courts may well assume that your decision was an arbitrary one not supported by the facts and should be reversed. Always mention the staff recommendation. 30. Do not take staff recommendations lightly. These recommendations are made after much study by professional people with years of experience in their field and are based on pertinent laws, ordinances, regulations, policies, and practices developed by you and your predecessors. The recommendations of a good staff in possession of all the facts will almost always produce a technically correct recommendation. Your job is to temper this recommendation with information developed during the hearing which was not available to the staff. It is not unusual for staff to voluntarily revers or change the details of its recommendation during the course of a hearing. Always announce the staff recommendation prior to hearing any testimony and always make appropriate mention of it in the final decision. 31. Don't forget that the staff is there to help you in any way possible. It is composed of very capable professional people with vast experience. Lean on them heavily. They can pull you out of many a bad spot if you give them a chance. Or they may just sit and let you stew, if you do not give them the respect which is their due. Remember that their usual practice is to remain silent unless they are specifically asked to comment. Most of them consider it presumptuous and unprofessional to inject any • unsolicited conunents into the hearings. Always ask them to comment prior to the final vote. 32. Don't try to answer technical questions even if you are sure that you know the answer. You probably don't and will wind up looking like a fool. • Refer these matters to the staff. That is one of the things they are there for. They have intimate day -by day working experience with all pertinent ordinances and can nearly always give a timely, up -to -the -minutes, professional dissertation on any subject in their field. And besides; it makes them more important and helps create an image of competency which is most helpful in assuring the public that their case has received more than cursory glance and an arbitrary decision. Lay members of a hearing body who "explain" ordinances to the audience usually wind up their less than accurate remarks with the pretty lame comment, "That's the way I understand it and I would appreciate it if the staff would correct me." The staff usually does correct them, and ordinarily at some length. Don't try to show how smart you are, because you're not. 33. Don't try to ease your conscience and toss the applicant a bone by granting him something less than he asked for, something he doesn't want, and something he can't use. In all cases where it is appropriate, give him what he asked for or deny it. To do otherwise will only encourage applicants to ask for the "moon and the stars" in the hope that they will, at the worst, get the minimtuii requirements. A reputation for • approving or denying • applications as filed will result in much more realistic requests and make you, job much easier. 34. Do vote by roll call except for routine administrative matters. This is wonderful character training for each member of the body and emphasizes the "moment of truth" when he must look the applicant in the eye, make his own individual decision, and say "aye" or "nay" in a loud clear voice, all alone, with no one to hide behind the alternate voting method is difficult for the Secretary to record, doesn't mean anything on a tape recording, is many times quite confusing and gives cowards an opportunity to change their minds and vote twice when they are caught in the minority. 35. Don't show any displeasure or elation, by word or action over the outcome of a vote. This is very bad hearing manners and won't lead to the maintenance of a friendly cooperative spirit among members of a Body. It will lead to the creation of little cliques whose members vote in a block and become more interested in clobbering each other than in makingfair and equitable decisions. 36. Do discourage any postmortem remarks by applicant, objectors, or member after the final vote and decision is announced, especially those afterthoughts designed to reopen the case. It will invariably result in an unpleasant wrangle. Just say, "I'm sorry, but the final decision has been made. If you wish to submit additional testimony, it will be necessary for you to state your reasons by letter and the Body will decide at a subsequent meeting whether or not they wish to reopen the case. The next case 9n the agenda will 37. Do not hesitate to continue a case or take it under advisement if more information or greater deliberation is truly necessary, but do not use these administrative actions merely to avoid or delay making a decision before a hostile applicant or audience. 38. Do sit down and have a long soul searching session with yourself if you find that you are consistently "out in left field" that no one seems inclined to second your profound motions, and that you are quite often a minority of one. You might be theoretically right, and probably are, but give some thought to what is practical, possible and just. Don't be "stiff-necked" in you opinions. Give a little. 39. Don't select chairmen on a seniority basis alone and dont's pass the office along from member to member as a reward and home. The nicest guy in the world, the hardest working, the most interested and your most valuable member can be indescribably horrible in the Chair. This is just one of those facts of life which is hard to explain, but, unfortunately, all too true. As occasion presents itself, give prospective chairmen a chance to preside, head up a subcommittee, report on special projects, and otherwise prepare themselves and demonstrate their abilities and leadership under pressure. aziRed&if qteed INCORPORATED JANUARY 24, 1957 Facts About Rolling Hills • Population: 1,911 • General Plan seeks to protect sensitive resources and open space lands, maintaining a balance between preservation and development. • 684 single-family one-story homes, only 16 undeveloped lots remaining with an additional 13 undevelopable lots in the landslide area • Zoning: residential (only) • No public infrastructure: no City - owned or maintained storm drains, roads, sewers, sidewalks • Zoning Code strictly limits grading and disturbance of natural landscape, structural coverage on a lot, and hardscape; 60% of lot cannot be disturbed. Only 35% of the net lot area maybe developed with impervious surfaces, including all structures, patios and other paved areas. NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 • Size: 3 square miles or 1,920 acres • Approximately 50 miles of named trails • 33 Miles of Streets • Minimum lot size: 1 acre; average size: 2.7 acres • No business, industrial, or commercial zoning/use • Homeowners Association controls access into City and maintains roadways; CC&Rs control all easements for roadways, property perimeters and trails. • Storm water from private property drains into largely undisturbed soft bottom canyons; if water reaches City boundaries, it may enter County storm drain system but there is no continuous improved storm drain system throughout the City. • The City's Zoning Code precludes large impervious surfaces. The City encourages use of pervious surfaces when landscaping or installing/reconstructing driveways, and stable access -ways. • Manure collection and recycling service for horse owners is available through the City's franchise hauler. • New construction and building additions may require advanced OWTS. LACDHS and LACDPW provide oversight. • Total full time staff: 4 • Part time staff : 2 • Some areas of the City are prone to unstable geology which may limit onsite retention of stormwater beyond that which can be achieved by preserving pervious area and natural topography and vegetation. • 16 homes connected to sewer; all others served by OWTS regulated through City MOU with LARWQCB for waiver from WDRs. • City's annual operating budget: approximately $1.3 million; ' approximately 75% generated from property taxes Updated 08/2019 Rd/449 qi€14 INCORPORATED JANUARY 24, 1957 GENERAL INFORMATION Incorporated January 24, 1957 3 Square Miles 685 Homes 30 Miles of Equestrian Trails 758 Parcels 28. Miles of Streets (Private) 1,939 Residents) 1,423 Registered Voters2 General Law City CITY HALL 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 Phone (310) 377-7288 Fax www.Rolling-Hills.org City Hall is open Monday through Friday. 7:30 a.m. to 5:00 p.m. however staff have alternate Fridays off. There are no planning hours on Fridays. Over the counter consultation with the Planning Department staff by the agent and the prospective buyer is strongly encouraged prior to purchase .of property and prior to construction. CITY COUNCIL — Meets the 2nd and 4th Monday of each month, 7:00 p.m. PLANNING COMMISSION — Meets the 3rd Tuesday of each month, 6:30 p.m. TRAFFIC COMMISSION '— Meets the 4th Thursday every other month, 8:30 a.m. ROLLING HILLS COMMUNITY ASSOCIATION 1 PORTUGUESE BEND ROAD ROLLING Hills, CA 90274 (310) 544-6222 Phone Rolling Hills Community Association is open Monday through Thursday 7:30 a.m. to 4:45 p.m. and on Friday from 7:30 a.m. to 12 noon. Department of Finance, Jan. 1, 2018 2 Secretary of State; Elections Division, Apr. 6, 2018 GOVERNMENT FUNCTIONS CITY OF ROLLING HILLS FUNCTIONS: RHCA FUNCTIONS: Implementation of the General Plan and Municipal Code, which includes the zoning, subdivision and construction ordinance Implementation of the Articles of Incorporation, Declaration of Restrictions, and bylaws Development application processing; review, public hearings, approvals and building permits. City contracts for building department functions. Architectural review for all construction and building permits (fences, chicken coops, windows, doors, roofs, new structures, etc.) Code enforcement/nuisance abatement Entry issues, gate passes, gate house operations Landscape review in conjunction with new development including new pool/spa Landscape review View preservation (advisory only) View preservation Traffic control signs and road striping Maintenance of road easements and trails Animal control/complaints Tree trimming in road easements Sheriff's Department — public safety, traffic enforcement, crime prevention, investigations Tennis courts, gates, riding rings - operation, maintenance and minor repairs , Trash collection/recycling Location and permitting of 3 -rail fences Storm water rim-off/pollution management; erosion control Some storm drain maintenance Disposal of pool water Road maintenance Implementation of State, County, and Federal programs and regulations New resident address signs Emergency Preparedness/ Block. Captains Street name signs Twice monthly citywide newsletter Homeowners' dues Outdoor lighting - intensity Outdoor lighting - fixtures Overnight parking along roadways Parking in the easement NOTE: Utilities are the responsibility of the individual provider (e.g. Cal Water, Edison, Gas Company, Frontier (Verizon), AT&T, Sprint, etc.) General Information City RHCA gov functions 2018.doc Rev. 05/18 -2- ge& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310)-377-1521 FAX (310) 377-7288 THE CITY OF ROLLING HILLS The City of Rolling Hills is characterized by beautifully wooded deep canyons and hilly terrain located on the Palos Verdes Peninsula in. Southern California. The 3 square mile City is an entirely residential private gated community consisting of 685 mostly large estate -size .one-story ranch style residences with agricultural and equestrian accessory structures and uses. There are approximately 1,939 people residing in the City. The minimum areas of lots permitted in the City are 1 -acre and 2 -acres in size. However, there are many lots that are smaller than one acre. The surrounding areas consist of undulating hillsides and knolls covered by grasses, andnative mature shrubs and trees, with some areas being heavily wooded. Native birds and animals frequent the area such as sparrows, crows, ravens, raccoons, opossum, skunks, squirrels and an occasional fox. There are 28 miles of private roads and approximately 30 miles of equestrian trails. Each property in the City of Rolling Hills is subject to the laws and regulations of two governing entities: The City of Rolling Hills and the Rolling Hills Community Association, (RHCA). The duties and responsibilities of the City and the RHCA are totally separate and distinct. Each implements its own rules and regulations as a separate entity. All projects must be reviewed and approved by the City and the RHCA. The preservation of natural habitat in the City of Rolling Hills is called out in the City's General Plan and reflected in the .Zoning Ordinance. New development and additions to residences require Site Plan Review public hearings before the Planning Commission. Any construction must minimize grading, preserve terrain and natural drainage courses; be harmonious in scale and mass with the building pad, the natural terrain, and surrounding residences; preserve native vegetation, mature trees, drainage courses, and land forms; and must be convenient and safe for the movement of pedestrians, equestrians,and vehicles. The Planning Commission requires that new or replacement landscaping include native drought tolerant plant materials for all projects and that the landscaping screen the subject project but do not block views from neighboring properties. Easements that vary in width from 10 feet to 25 feet surround each property boundary and are dedicated to equestrian trails and other uses such as utilities and roadways. Easement tree green waste is chipped by the Community Association and used to provide equestrian footing along horse trails. Further, wood chips from privately owned trees are used in this same manner. The Community Association regulates the easements. All new development projects are required to comply with general planning codes which include requirements for minimum setbacks; maximum structural lot coverage; maximum total lot coverage; maximum guidelines for building pad coverage; maximum disturbed area of a lot; grading where cut and fill soil must be balanced on a construction site, with some exceptions; landscape plans that incorporate and preserve trees and native vegetation and minimize the use of water, but that do not obstruct views; undergrounding of utility lines; repair and/or replacement of roofs; geology, soils and hydrology reports; and a detailed grading and drainage plan. The. City of Rolling Hills contracts with the Los Angeles County Public Works Department and a private consultant, Willdan Engineering, for Building and Safety functions, soils and geology reviews and approvals, septic tank requirements, subdivision reviews and other technical analysis. Building permits for construction are obtained from the County Building and Safety office in Lomita or Willdan Engineering in the City of Industry, after the City and the Association approves the plans. The City contracts with the Los Angeles County Sheriff Department for Public Safety and Traffic issues. Some of the green waste collected in the City is related to fire. protection. The City has been designated as being located in the Very High Fire Hazard Severity Zone (VHFHSZ). Fire Department requires that all hazardous flammable vegetation be cleared to the ground for a distance of 30 feet from any structure and to a height of 6 inches for another 100 feet, plus any flammable, dense vegetation and low growing tree branches for another 100 feet of structures. A single franchise hauler, using mini -trucks and scooters for twice -weekly, unlimited, backyard service, collects recyclables, household trash and green waste in the City. Service includes a separate green waste program and a separate recyclables program for the collection of paper, glass, plastic, and cans. In addition, there is a rental bin service for horse manure collection. The residents of the City of Rolling Hills are made aware of and take part in many recycling programs sponsored by the City, surrounding Cities, County and State governments. Facts2018 -2- QUICK FACTS ABOUT ROLLING HILLS. • Area: 3 square. miles • Average Home Size: Existing homes New (2005) New (2007) New (2012) Approximately 3,650 square feet (not including garages) , Approximately 5,975 square feet (not including garages) Approximately 6,200 square feet (not including garages) I Approximately 6,640 square feet (not including garages) • Homes: 685 / 758 parcels Population: (2010) 1,939 • Registered Voters: 1,423 • Private Roads 28 miles • Equestrian Trails: 30 miles • • Zoning Districts: Lot Sizes: Residential Agricultural Suburban (RA -S-1 and RA -S-2); Overlay Zoning District 1 (OZD-1) within the RAS-1 zone Minimum 1 acre in the RA -S-1 Zone Minimum 2 acres in the RA -S-2 Zone • • Permitted Uses/Structures- primary: Accessory Uses/Structures One-story single-family residences; tree, bush and field crops Accessory dwelling units (ADUs); stables, & other agricultural uses; cabana, recreation room, guest house, trellis, solar panels, outdoor kitchen, pool/spa, sports court, personal marijuana cultivation (max. 6 plants indoors, Sect. 17.29.050). Many of these uses required a special review and permit from the City (CUP). • Setbacks, Front Yard: 50' from front easement line (usually roadway easement line). • L. Side Yard: 20' from property line in RA -S-1 Zone 35' from property line. in RAS-2 Zone For corner Tots -check with staff • Rear Yard: 50' from property line Facts207 8 -3- F.-- Structural lot coverage: j 20% maximum permitted of net lot area (includes all structures such as residence, garage swimming pools, tennis courts, porches, trellises and other structures). • Total lot coverage: 35% maximum permitted of net lot area (includes all structures and all flatwork such as pool decks, walkways, and driveways). • Disturbed lot coverage: ! 40% maximum disturbance permitted of net lot area, (includes existing and proposed disturbance). • Animals (some restrictions apply) There is no limit on number of horses one can keep. All other farm animals may be kept, incl. no more than 2 pot bellied pigs. Other swine is not permitted. • Easements: A minimum of 10' easements are required, (but may vary (Regulated by the RHCA) I in width from 10' to 25'), which surround each property boundary for streets, trails, driveways, utilities, drainage facilities, sewers, open space, and/or a combination of these uses. Additionally, the Community Association requires that all easements be kept free of buildings, fences, plantings or other obstructions. • - Site Plan Review: • Building Pad Coverage: Required for grading or any new building or structure (except for some accessory structures) or any expansion of a residence by more than 999 square feet in any 36 - month period. _ - I The Planning Commission has established a guideline of 30% structural coverage. • Barn and Corral ! With any addition and construction of a new structure, including a pool, a set aside area for a future barn/corral or construction of a barn/corral is required. I ' • Undergrounding of utility l Undergrounding ofutility lines is required when upgrading 1 lines ; electrical service, for any addition and new construction. J • Roof 1 Class "A" assembly and "class "A construction roof is required for new roofs or repairs. • Septic Tanks i A new, technologically enhanced septic system may be (except for few properties, the i required for major remodel, additions of bedrooms and/or City is on Septic Tanks system) bathrooms or new construction. Facts2018 -4- • Los Angeles County Municipal Stormwater. Permit: In compliance and coordinate programs with the County of Los Angeles. Best Management Practice Programs implemented for prevention of storm water pollution. Soil erosion control plans implemented. • Recycling Programs: Twice -weekly backyard commingled trash collection Twice -weekly backyard green waste collection Manure collection 65% of construction and demolition material to be recycled. Hauling permit and verification is required. Yearly Christmas Tree Collection County/City of L.A Household Hazardous Waste Roundups Twice -yearly large item and green waste pickups Publicize Los Angeles County's Reduce, Reuse, Recycle Program Publicize Pollution Prevention Program Publicize Grasscycling and Compost Programs ' Facts2O18 -5- /Volumes/Public/FLYERS/FACTS 2018.docx ROLE AND RESPONSIBILITIES OF THE PLANNING COMMISSION 2.20.010 Statutory authority --Findings. The City Council finds that the appointment of a Planning Commission in accordance with the provisions of Sections 65,150 of the Government Code of the State of California is necessary and desirable for the purpose of regulating the use of land in the City in order to preserve the physical environment and the human needs of the residents and the owners of land in the City; and the City Council further finds: A. The Planning Commission shall consider all matters presented to it fairly and impartially, recognizing the rights of the applicant as well as its obligation to enforce all zoning ordinances and resolutions adopted by the City Council. B. The development and use of all land within the City should be directed to the continuation of the existing rural open areas surrounding the existing residences in the City, and each new improvement or use of land should be carefully examined to determine what effect the proposed improvement or use of land will have on the terrain, trees and natural flora in the City. C. The granting of variances and conditional use permits shall be carefully scrutinized to protect bridle trails and provide the proper spacing of residences and accessory buildings so as to prevent overconstruction on the lot or parcel to be improved. 17.34.060 Hearings --Investigation. The Planning Commission shall be responsible for investigating, or directing the investigation, of the facts bearing upon an application or similar matter set for hearing. The investigation shall also include an analysis of precedent cases and other relevant information necessary to assure that action on each case is consistent with the purpose of this title and with previous decisions. ROLE: In reviewing development applications, the Planning Commission is charged with certain functions as prescribed by legislative authority. The following were identified as the Planning Commission's functions: a. Implement the general plan through the administration of zoning and subdivision ordinances. b. Balance new development with the protection of the surrounding environment. c. Review individual projects for consistency with the general plan and all other applicable city ordinance. Evaluate the general characteristics (compatibility, mass, bulk, location, height, and open space) of a development. d. Review projects for site plan, variances and conditional use permits and other discretionary reviews assigned by the legislative body. (i.e. subdivision, lot line adjustment). e. Determine findings to justify recommendation / decision Vote _(favor, against, abstain, recuse. f. Recommend development projects to the City Council. g. Consider compatibility with other development. h. Review staff's assessment of conformance with City codes. i. Hold hearings on and act upon discretionary review projects. j. Assist in writing, review and revise, as necessary, zoning and subdivision ordinances. k. Perform other functions, as the legislative body requires, such as conducting studies and preparing plans and ordinances in conformance with the state law. Assist in writing, periodically review, and revise as necessary the general plan. 1. Endeavor to promote the public interest in actions. City staff's function were summarized as follows: a. Stay current on new laws, regulations, and technologies in the planning and development field. b. Advise the Planning Commission on the need to revise plans and ordinances to be consistent with state law. c. Provides guidance to applicants in preparation and submission of plans. d. Review applications for completeness and prepare reports for the Planning Commission. e. Prepare studies and ordinances. f. Respond to complaints regarding development/construction. g. Enforce zoning and building codes. h. Through contracts with Los Angeles County, Building and Safety Department and with Willdan Engineers assure projects are constructed according to plan i. Prepare semi-annual reports to City Council and PC on cases approved over-the-counter (administrative approvals) and list of buidling permits that were issued- that info is from County of LA and Willdan Eng. j. Educate the public regarding City's rules and regulations. We always encourage real estate agents, potential buyers or those already living in the City to visit and talk to us before they commence any work on their property. We have hand-outs, flyers, informational brochures, summaries of regulations at the counter for anyone to pick up. Our web sites has copies of the development applications, policies, ZCode k. 2-3 times per year we give presentation to local realtors on City's regulations. In the past 3-4 years we have invited the RHCA staff to make a presentation. 1. We place articles/information in the city's Newsletter on different development topics, grading requirements, storm water mngrnnt, upcoming topics of discussion w/Ping. Comm. m. Code enforcement -by complaint. Staff investigates each complain, by first looking into the existing records to see if anything was permitted on the property and if not, calling the resident to inquire what work is being done. Many such complaints are resolved without having to write a formal letter and are solved by voluntary compliance. Many phone calls are just inquires if the work being done was permitted by City and if building permits were obtained. Those cases that need to be further investigated, it is not unusual to have City's building inspector go and visit the property, per our request. CITY OF ROLLING HILLS PLANNING COMMISSION PUBLIC HEARING PROCEDURE Chair: States purpose of hearing, explains how the hearing will be conducted, and opens hearing. Requests Members to place on the record any Aex parte disclosures.@ Requests Staff Report. Staff: Presents Staff Report. Chair: Requests Members to ask any questions they may have of Staff regarding Staff Report Requests public testimony. Public: Testimony is received. Applicant should go first and should be given time for rebuttal at the end. Chair should instruct those persons testifying that all comments and questions be. directed to the Chair and not to the audience. No dialogues should be permitted. Questions by Commissioners of persons in the audience should be asked before the hearing is closed, preferably when the person is testifying. Comments by Commissioners should be reserved until all testimony is taken and the public portion of the hearing is closed. The Chair may set a time limit for comments by each person testifying and should enforce it even-handedly. Commission: Commission deliberates. Commissioners may ask questions of the applicant or others, but the questions should either seek strictly factual information or ascertain if the applicant will accept certain conditions or changes to the project; this should not be an opportunity for the applicant or the public to re -argue their position. Chair: When deliberation is concluded, the Chair should close the public hearing and entertain a motion and a second. If a resolution is not provided, the motion should direct staff to return with a resolution at the next meeting. Commission: A vote is taken on the motion. Chair: Announces the outcome of the vote. SAMPLE PUBLIC HEARING SCRIPT "This is the time and place for a public hearing to consider [describe matter]. Once we hear a report from our staff, we will open the hearing for public participation. The applicant will be permitted to speak first, and will be allowed a brief rebuttal after all of the other public testimony. All other speakers will be allowed to speak only once, so please be sure to say everything that you have to say when it comes your turn to speak." "First, do Commissioners have any ex parte disclosures to make?" (Commissioners state any evidence they may have received outside the hearing relating to this matter). "Planning Director, please present your Staff Report." "Does any Commissioner have any questions of staff on this matter?" "We will now open this hearing to the public and listen to public testimony. All questions and comments on this matter should be directed to the Commission, not the audience. Questions will be answered by staff at the close of public testimony. Remember, this will be your only opportunity to comment on this matter tonight." (Chair may accord the applicant more time than is accorded to other speakers. Speakers other than the applicant should be given equal time, but may not yield time to others. Chair and Commissioners should be certain not to demonstrate any favoritism by their manner or speech to any persons involved in the proceeding. If the audience applauds or is boisterous, Chair should caution that this is a business meeting and that those expressions of enthusiasm have no place in a meeting and have no influence on the decisionmaking process. Members of the audience may not make points of information or points of order because they are not members of the legislative body). "Applicant, please make your presentation at this time." .J "Would anyone else in the audience like to offer testimony on this matter?" "Applicant, do you wish to offer a rebuttal before the public portion of this hearing is closed?" "Do any Commissioners have further questions of the applicant or any of the speakers before the public comment portion of the hearing is closed?" (Limit these to factual inquiries, rather than expressions of opinion). "Would staff please answer questions raised by the public?" (Staff answers all questions, if any, asked by public during the course of the hearing. If further research is required to answer a question, staff may need to defer to a future meeting). "The public testimony portion of the hearing is now closed." "It is now time for Commission deliberation and discussion." (Commission deliberates and may ask questions of staff, and if necessary, of the applicant). "The chair will now entertain a motion." (If there is no resolution for final action in the Commission's agenda packet, the motion should be to direct staff to return with a resolution of approval/denial). Chair announces the outcome of the vote: "The motion passes on a 5-0 vote, meaning that staff will return at our next meeting with a resolution approving the project." uvu00000000000k)00000000000U0OUbbbbbbbbIS Planning Commissioner's Glossary The terms in this glossary are adapted from the glossaries contained the previous edition of the Planning Commissioner's Handbook (2000), the Planners Pocket Guide (1992), the Municipal Revenue Sources Handbook (2001) and the General Plan Guidelines (published by the Governor's Office of Planning and Research, 2003). Any errors are the responsibility of the League of California Cities. Abandonment. A cessation of the use of the property by the owner without intent to transfer the property to another or resume the use of the property. Abatement. Reducing or eliminating the degree or intensity of a nuisance or other property -related problem, usually used in connection with zoning code or environmental program enforcement. Abutting. Having property or zone district boundaries in common; for example, two lots are abutting if they have property lines in common. Access. A way of approaching or entering a property. Access includes ingress, the right to enter, and egress, the right to leave. In zoning and subdivision regulations, recorded lots are required to have direct access to a public street or highway or to a private street meeting public standards. This guarantees entry by owners and emergency vehicles. Accessory Building Or Use. An activity or structure on a property that is incidental and subordinate to the main use of a site. Acre Foot. A volume of water one foot deep covering one acre; approximately 326,000 gallons. One acre-foot of water is enough to meet the needs of two typical families for a year. Ad Valorem Tax. A tax assessed based on the dollar value of an item or activity. Typical examples are property and sales taxes. Ad valorem taxes contrast with per -unit taxes, such as alcoholic beverage and cigarette taxes, which are assessed at a fixed dollar per unit purchased. See EXCISE TAX, PARCEL TAX, TAX. Adaptive Reuse. Converting obsolete or historic buildings from their original or most recent use to a new use. For example, an old manufacturing site could be converted into apartments or retail space. Affordable Housing. Housing that is economically feasible for persons whose income level is categorized as very low, low, or moderate within standards set by the California Department of Housing and Community Development or the U.S. Department of Housing and Urban Development. Agenda. A document that specifies what will be discussed at a local agency meeting. Agendas contain a brief, general description of each item the governing body will be addressing. Members of the public may request that an agenda be mailed to them. Local agencies generally cannot discuss and make decisions on items that are not on the agenda. See California Government Code section 54950. Agricultural Preserve. Land designated for agriculture. See WILLIAMSON ACT. Air Rights. The right granted by a property owner to a buyer to use space above an existing right-of-way or other site, usually for development. Ambient. Surrounding on all sides; used to describe measurements of existing conditions with respect to traffic, noise, air and other environments. Amortization. The process by which nonconforming uses and structures must be discontinued or made to conform to requirements of the current zoning ordinance at the end of a specified period of time. Anchor Tenant. The major store or stores within a shopping center. • 119 riannmg Lommissioner's Handbook League of California Cities Annexation. Incorporating a land area into an existing district or municipality with a resulting change in the boundaries of the annexing jurisdiction. See DETACHMENT. Appeal. When a person believes a decision was made in error, an appeal may be filed so that a higher decision -making body can review the case. Approach Zone. The air space at each end of a landing strip that defines the glide path or approach path of aircraft as they land. See CLEAR ZONE, OUTER APPROACH ZONE, TRANSITION ZONE. Appropriation. A legal authorization granted by the governing body to expend monies, and incur obligations for specific purposes. See EXPENDITURE. Aquifer. An underground, water -bearing layer of earth, porous rock, sand, or gravel, through which water can seep or be held in natural storage. Aquifers generally hold sufficient water to be used as a water supply. See GROUNDWATER. Arable. Land capable of being cultivated for farming. Architectural Control; Architectural Review. Regulations and procedures requiring the exterior design of structures to be suitable, harmonious, and in keeping with the general appearance, historic character, and/or style of surrounding areas. A process used to exercise control over the design of buildings and their settings. See DESIGN REVIEW. Arterial. A roadway that provides infra -community travel and access to the countywide highway system, characterized by medium -speed (30-40 mph) and medium -capacity (10,000- 35,000 average daily trips). Access to community arterials should be provided at collector roads and local streets, but direct access from parcels to existing arterials is common. See COLLECTOR, STREETS, TRIP. Assessed Valuation. The value at which property is appraised for tax purposes. See PROPERTY TAX. Assessment District. See BENEFIT ASSESSMENT DISTRICT. Assisted Housing. Generally multifamily rental housing, but sometimes single-family ownership units, whose construction, financing, sales prices, or rents have been subsidized by federal, state, or local housing programs. Attainment. Compliance with state and federal ambient air quality standards within an air basin. See NON -ATTAINMENT. Base Flood. In any given year, a 100 -year flood that has a one percent likelihood of occurring, and is recognized as a standard for acceptable risk. See FLOOD, 100 -YEAR. Below -market rate (BMR). (1) Any housing unit specifically priced to be sold or rented to low- or moderate -income households for an amount less than the fair -market value of the unit. Both the State of California and the U.S. Department of Housing and Urban Development set standards for determining which households qualify as "low-income" or "moderate -income." (2) The financing of housing at less than prevailing interest rates. Benefit Assessment Bonds. Bonds levied by cities, counties and special districts to acquire or construct public improvements that convey a special benefit to a defined group of properties. Benefit Assessment District. A defined area that receives a special benefit from the construction of one or more public facilities. A Benefit Assessment District is a financing mechanism for providing public infrastructure as allowed under various statutes. Bonds may be issued to finance the improvements, subject to repayment by assessments charged against the benefiting properties. Creation of a Benefit Assessment District enables property owners in a specific area to cause the construction of public facilities or to maintain them (for example, a downtown, or the grounds and landscaping of a specific area) by contributing their fair share of the construction or installation and operating costs. Benefit Assessment. Charges levied on parcels to pay for public improvements or services provided within a pre- determined district or area according to the benefit the parcel receives from the improvement or services. Berm. A mound of earth usually 2 to 6 feet high designed to shield and buffer uses like parking areas. Also used to minimize water run-off. Bicyde Lanes, Paths and Routes; Bikeways. A bicycle lane is a corridor expressly reserved for bicycles, existing on a street or roadway in addition to any lanes for use 1§y motorized vehicles. A path is a paved route not on a street or roadway and expressly reserved for bicycles traversing an otherwise unpaved area. Bicycle paths may parallel roads but typically are separated from them by landscaping. A bicycle route is a facility shared with motorists and identified only by signs, a bicycle route has no pavement markings or lane stripes. The term bikeways encompasses bicycle lanes, bicycle paths, and bicycle routes. Biotic Community. A group of living organisms characterized by a distinctive combination of both animal and plant species in a particular habitat. Blight. A condition of a site, structure, or area that may cause nearby buildings and/or areas to decline in attractiveness and/or utility. The Community Redevelopment Law contains a definition of blight used to determine eligibility of proposed redevelopment project areas. See California Health and Safety Code sections 33031 and 33032. League of California Cities Glossary Bond. A certificate of debt issued by an entity, guaranteeing payment of the original investment, plus interest, by a specified future date. See DEBT INSTRUMENT. Brown Act. The California's open meeting law for local agencies. The Brown Act imposes certain requirements for agendas, public comments, and other aspects of public meetings. See California Government Code sections 54950 and following. Brownfield. An area with abandoned, idle, or under -used industrial and commercial facilities where expansion, redevelopment, or reuse is complicated by real or perceived environmental contamination. Buffer Zone. A strip of land zoned to separate incompatible land uses. Where a commercial district abuts a residential district, for example, additional use, yard, or height restrictions may be imposed to protect residential properties. The term may also be used to describe any zone that separates two unlike zones like a multifamily housing zone between single-family housing and commercial uses. Building Code. Standardsadopted by the state governing the construction, alteration, demolition, occupancy, or other use of buildings used for human habitation. The state regulations are substantially the same as those contained in the most recent editions of the Uniform Building Code, Uniform Housing Code, Uniform Plumbing Code, Uniform Mechanical Code and the National Electric Code. Local governments may have stricter standards under certain circumstances. See California Health and Safety Code sections 17921-17922. See also UNIFORM BUILDING CODE, UNIFORM HOUSING CODE. Building Coverage. The amount of a lot that is covered by buildings, usually expressed as a percentage. Building Envelope. The space remaining on a site for structures after all building setback, height limit, and bulk requirements have been met. Building Official. The person responsible for the administration and enforcement of the building, housing, plumbing, electrical and related codes. Build -out. Development of land to its full potential or theoretical capacity as permitted under current or proposed planning or zoning designations. See CARRYING CAPACITY. Busway. A vehicular right-of-way reserved exclusively for buses. California Environmental Quality Act (CEQA). A state law requiring state and local agencies to regulate activities with consideration for environmental protection. If a proposed activity has the potential for a significant adverse environmental impact, an Environmental Impact Report (EIR) must be prepared and certified as to its adequacy before taking action on the proposed project. See ENVIRONMENTAL IMPACT REPORT. Caltrans. California Department of Transportation. Capital Improvements Program (CIP). A program established by a city or county government and reviewed by its planning commission, which schedules permanent improvements, usually for a minimum of five years in the future, to fit the projected fiscal capability of the local jurisdiction. The program generally is reviewed annually, for conformance to and consistency with the general plan. Capital Outlay. Expenditures which result in the acquisition of, or addition to fixed assets. See DEBT FINANCING, PAY As You Go, PAY As You USE. Carrying Capacity. Used in determining the potential of an area to absorb development. (1) The level of land use, human activity, or development for a specific area that can be accommodated permanently without an irreversible change in the quality of air, water, land, or plant and animal habitats. (2) The upper limits of development beyond which the quality of human life, health, welfare, safety, or community character within an area will be impaired. (3) The maximum level of development allowable under current zoning. See Bump -our. Census. The nationwide population count conducted every 10 years by the U.S. Census Bureau. Census Tract. Small portions of populated areas in which data is collected for statistical purposes during a census. Central Business District (CBD). The major commercial downtown center of a community. General guidelines for delineating a downtown area are defined by the U.S. Census of Retail Trade, with specific boundaries being set by the local municipality. Certificate of Compliance. (1) Sometimes used synonymously with Certificate of Occupancy. (2) Also refers to a certificate issued under the Subdivision Map Act when a division of property is in compliance with the Map Act and local subdivision ordinances. (3) Less commonly, may also refer to an enforcement device used to inform others (like a potential purchaser) that a property does not comply with local codes and details what must be changed to bring the property back into compliance. Certificate of Occupancy. An official certification that a building or place conforms to the provisions of the zoning and building codes, and therefore may be used or occupied. Permits are necessary for new construction and alterations to existing structures. A structure cannot be occupied without a certificate of occupancy. 121 Planning Commissioner's Handbook League of Califon. FISCAL ISSUES GLOSSARY Channelization. (1) The straightening and/or deepening of a watercourse for purposes of storm -runoff control or ease of navigation. Channelization often includes lining of stream banks with a retaining material like concrete. (2) At the intersection of roadways, the directional separation of traffic lanes through the use of curbs or raised islands that limit the paths that vehicles may take through the intersection. Charter City. A city that is incorporated under its own charter rather than the general laws of the state. Charter cities have broader powers than do general law cities in matters that are "municipal affairs" (as opposed to matters of "statewide concern"). Clear Zone. That section of an approach zone of an airport where the plane defining the glide path is 50 feet or less above the centerline of the runway. The clear zone ends where the height of the glide path above ground level is above 50 feet. Land use under the clear zone is restricted. See APPROACH ZONE, OUTER APPROACH ZONE, TRANSITION ZONE. Clustered Development. Development in which a number of dwelling units are placed in closer proximity than usual, or are attached, with the purpose of retaining an open -space area. Collector. A street that provides circulation within and between neighborhoods, characterized by relatively low speed (25-30 mph) and low volume (5,000-20,000 average daily trips). Collectors usually serve short trips and are intended for collecting trips from local streets and distributing them to the arterial network. See ARTERIAL. Common Open Space. Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use of the residents of the development. Community Care Facility. Housing for the elderly licensed by the California Department of Social Services, typically for residents who are frail and need supervision. Services normally include three meals daily, housekeeping, security and emergency response, a full activities program, supervision in the dispensing of medicine, personal services like assistance in grooming and bathing, but no nursing care. Sometimes referred to as residential care or personal care. Community Development Block Grant (CDBG). A grant program administered by the U.S. Department of Housing and Urban Development on a formula basis for entitlement communities and by the California Department of Housing and Community Development for non -entitlement jurisdictions. This grant allots money to cities and counties for housing rehabilitation and community development, including public facilities and economic development. Community Facilities District. Under the Mello -Roos Community Facilities Act of 1982 (California Government Code sections 53311 and following), a legislative body : create within its jurisdiction a special tax district that c finance tax-exempt bonds for. the planning, design, acquisition, construction, and/or operation of public fa as well as public services for district residents. Special t; levied solely within the district are used to repay the bo See MELLO-ROOS BONDS. Community Noise Equivalent Level (CNEL). A 24-hor energy equivalent level derived from a variety of single - events, with weighting factors of 5 and 10 dBA applied evening (7 p.m. to 10 p.m.) and nighttime (10 p.m. to periods to allow for greater sensitivity to noise during t hours. See DAY -NIGHT AVERAGE SOUND LEVEL, DBA, DEC] Community Park. Land with full public access intende, provide recreation opportunities beyond those supplied neighborhood parks. Community parks are larger in sc.: than neighborhood parks but smaller than regional par: NEIGHBORHOOD PARK, REGIONAL PARK. Community Redevelopment Agency (CRA). A local ag( created under California Redevelopment Law (Californi Health and Safety Code sections 33000 and following), local legislative body that has been elected to exercise th powers granted to such an agency, for the purpose of planning, developing, re -planning, redesigning, clearing reconstructing, and/or rehabilitating all or part of a spe( area with residential, commercial, industrial, and/or put (including recreational) structures and facilities. The redevelopment agency's plans must be compatible with adopted community general plans. Community Service District (CSD). A geographic sub-; a city or county used for the planning and delivery of pz recreation, and other human services based on an assess of the service needs of the population in that sub -area. is a taxation district with independent administration. Compatibility. The characteristics of different uses or activities that permit them to be located near each other harmony and without conflict. The designation of perm and conditionally permitted uses in a zoning district is intended to achieve compatibility. Some elements affecti compatibility indude intensity of occupancy as measure dwelling units per acre; pedestrian or vehicular traffic generated; volume of goods handled; and environmental effects like noise, vibration, glare, air pollution, or radiat Concurrency. Installation and operation of facilities and services needed to meet the demands of new developme] simultaneous with the development. See GROWTH MANAGEMENT, CONGESTION MANAGEMENT PLAN. Condemnation. The exercise by a public agency of the ri eminent domain. See EMINENT DOMAIN, TAKING. League of California Cities Glossary Conditional Use. A use that may locate within a zone only upon taking measures to address issues that may make the use detrimental to the public health, safety and welfare and will not impair the integrity and character of the zoned district. See CONDITIONAL USE PERMIT, PERMITTED USE. Conditional Use Permit (CUP). A discretionary permit issued by a hearing body to allow a conditional use that may or may not be allowable under the zoning code. The hearing body either approves the permit, subject to conditions, or denies such use for cause. Each application is considered on its individual merits. Condominium. A structure of two or more units, the interior spaces of which are individually owned; the balance of the property (both land and building) is owned in common by the owners of the individual units. Congestion Management Plan (CMP). A mechanism employing growth management techniques, including traffic level of service (LOS) requirements, standards for public transit, trip reduction programs, and capital improvement programs for the purpose of controlling and/or reducing the cumulative regional traffic impacts of development. See CONCURRENCY, GROWTH MANAGEMENT, LEVEL OF SERVICE (TRAFFIC). Conservation Easement. A partial interest in land that severs the right to develop the land from its basic use, like low - density uses, open space or agriculture. The right to develop the land is usually held by a land tfust or other entity that monitors the land and enforces the terms of the easement. The underlying owner of the land can continue to use the land according to the terms of the easement. See EASEMENT. Consumer Price Index (CPI). A statistical description of price levels provided by the U. S. Department of Labor. The change in this index from year to year is used to measure the cost of living and economic inflation. Cooperative. A group of dwellings or an apartment building that is jointly owned by the residents, the common ownership including the open space and all other parts of the property. The purchase of stock entitles the buyer to sole occupancy but not the individual ownership of a specified unit. Council of Governments. (COG). A Regional planning agency. A COG board is made up of representative elected officials from the cities and counties within the region. Primary functions include determining how the regional housing needs assessment numbers will be distributed between communities within the region and where certain transportation investments will be made. See REGIONAL HOUSING NEEDS PLAN. Covenant. A private legal restriction that places a burden on a parcel of land in favor of another parcel. The restriction is recorded in the deed. Covenants are most commonly used in the establishment of a subdivision to restrict the use of all individual lots in the development to a certain type of use (like single-family units), but may also be used to guarantee views and solar access. Covenants, Conditions, and Restrictions (CC&Rs). A term used to describe restrictive limitations —usually recorded as covenants —that may be placed on property and its use, and which usually are made a condition of holding title or lease. They are intended to preserve the physical nature and character of the development. Critical Facility. Facilities housing or serving many people, that are necessary in the event of an earthquake or flood, like hospitals, fire, police, and emergency service facilities, utility "lifeline" facilities, like water, electricity, and gas supply, sewage disposal, and communications and transportation facilities. Cul-de-sac. A short street or alley with only a single means of ingress and egress at one end and with a large turnaround at its other end. Cumulative Impact. As used in the California Environmental Quality Act, the total impact resulting from the accumulated impacts of individual projects or programs over time. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Curb Cut. A ramp opening in a curb where vehicles or wheel chairs may enter or leave the roadway. The transition area between the curb and the ramp curb is called the "curb return." Day -Night Average Sound Level (Ldn). The A -weighted average sound level for a given area (measured in decibels) during a 24 -hour period with a 10 dB weighting applied to night-time sound levels. The Ldn is approximately numerically equal to the Community Noise Equivalent Level for most environmental settings. See COMMUNITY NOISE EQUIVALENT LEVEL. dBA. The "A -weighted" scale for measuring sound in decibels; weighs or reduces the effects of low and high frequencies in order to simulate human hearing. Every increase of 10 dBA doubles the perceived loudness though the noise is actually ten times more intense. Debt Financing. Issuance of bonds and other debt instruments to finance municipal improvements and services. Debt Instrument. Written pledge to repay debt such as bills, notes and bonds. See BOND. Debt Service. Payment of principal and interest on long-term indebtedness. Decibel (dB). A unit of sound pressure (abbreviated as dB) that is used to express noise level. The reference level is a sound pressure of 20 micro newtons per square meter. Zero decibels, the starting point of the scale, is about the level of the 123 124 Planning Commissioner's Handbook League of California Cities weakest sound that can be heard by someone with very good hearing in an extremely quiet location. Typical examples of noise levels would be 50 decibels in an average residence; 90 decibels for someone standing 20 feet from a subway train; and 120 decibels if standing 200 feet from a jet. Dedication. Property that is transferred from an owner to a public agency to be used for roads, parks, school sites or other public uses. Dedication requirements are often imposed as a condition of a tentative map, parcel map or as a condition of development. See CONDITIONAL USE, IN -LIEU FEE, PARCEL MAP, TENTATIVE SUBDIVISION MAP. Deed Restriction. A private legal restriction on the use of land recorded in the deed. The restriction burdens or limits the use of the property in some way. See COVENANT, EASEMENT. Defensible Space. (1) In firefighting and prevention, a 30 -foot area of non-combustible surfaces separating urban and wild land areas. (2) In urban areas, open -spaces, entry points, and pathways configured to provide maximum opportunities to rightful users and/or residents to defend themselves against intruders and criminal activity. Deficiency Plan. An action program for improving or preventing the deterioration of level of service on the Congestion Management Agency street and highway network. See CONGESTION MANAGEMENT PLAN, LEVEL OF SERVICE (TRAFFIC). Density Bonus. The allocation of development rights that allows a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned. A housing development that provides 20 percent of its units for lower -income households, ten percent of its units for very -low income households, or 50 percent of its units for seniors is entitled to a density bonus and other concessions. See California Government Code section 65915. Density Transfer. A way of retaining open space by concentrating densities —usually in compact areas adjacent to existing urbanization and utilities —while leaving unchanged historic, sensitive, or hazardous areas. In some jurisdictions, for example, developers can buy development rights of properties targeted for public open space and transfer the additional density to the base number of units permitted in the zone in which they propose to develop. See TRANSFER OF DEVELOPMENT RIGHTS. Density. The average number of families, persons, housing units, jobs or other use per unit of land; usually density is expressed "per acre." Densities specified in the general plan may be expressed in units per gross acre or per net developable acre. Thus, the density of a development of 300 units occupying 40 acres is 7.5 units per acre. Gross density includes the area necessary for streets, schools and parks. Net density does not indude land area for public facilities. Design Review; Design Control. The comprehensive evaluation of a development and its impact on neighboring properties and the community as a whole, from the standpoint of site and landscape design, architecture, materials, colors, lighting, and signs, in accordance with a set of adopted criteria and standards. "Design Control" requires that certain specific things be done and that other things not be done. Design Control language is most often found within a zoning ordinance. "Design Review" usually refers to a system set up outside of the zoning ordinance, whereby projects are reviewed against certain standards and criteria by a specially established design review board or committee. See ARCHITECTURAL CONTROL. Detachment. Withdrawal of territory from a special district or city; the reverse of annexation. See ANNExATION. Detention Dam. Detention dams are constructed to retard flood runoff and minimize the effect of sudden floods. Detention dams fall into two main types. In one type, the water is temporarily stored and released through an outlet structure at a rate that will not exceed the carrying capacity of the channel downstream. Often, the basins are planted with grass and used for open space or recreation in periods of dry weather. The other type, most often called a retention pond, allows for water to be held as long as possible and may or may not allow for the controlled release of water. In some cases, the water is allowed to seep into the permeable banks or gravel strata in the foundation. This latter type is sometimes called a water -spreading dam or dike because its main purpose is to recharge the underground water supply. Detention dams are also constructed to trap sediment. These are often called debris dams. See STORMWATER DETENTION. Developable Land. Land that is suitable as a location for structures and that can be developed free of significant impact on natural resource areas. Development Agreement. A legislatively approved contract between a jurisdiction and a person having legal or equitable interest in real property within the jurisdiction that "freezes" certain rules, regulations, and policies applicable to development of a property for a specified period of time, usually in exchange for certain concessions by the owner. See California Government Code section 65865. Development Fees. This is a fee or charge imposed on developers to pay for the costs to the community of providing services to a new development. It is a means of providing a fund for financing new public improvements without resorting to deficit financing. Discretionary Project. Under the California Environmental Quality Act and generally, an activity which requires the public agency to exercise judgment in deciding whether or not to ILY VID 110 kV 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ik_V() Uo 11 11 .t)i0 111)11141Y League of California Cities Glossary approve or deny a project, as opposed to an administrative action. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Documentary Transfer Tax. Also called Real Property Transfer Tax, this tax is imposed on the transfer of ownership in real estate at a rate of $0.55 per $500.00 of property value. Down -Zoning. A change in the zoning classifications of land to a classification permitting development that is less intensive or dense, like from multifamily residential to single-family residential or from commercial to residential. A change of zoning in the opposite direction is referred to as up -zoning. See ZONING. Due Process (of Law). A requirement that legal proceedings be conducted fairly. Such protections may include, depending on the proceeding, the right to be heard, the right to rebut evidence, that sufficient evidence is presented to reach an informed option, and that conflicts of interest have been avoided. Earmarked funds. Funds that have been tagged or "earmarked" for a specific purpose. See GENERAL FUND. Easement. Usually the right to use property owned by another for specific purposes or to gain access to another property. For example, utility companies often have easements on the private property of individuals to be able to install and maintain utility facilities. Effluent. A discharge of pollutants, with or without treatment, into the environment. Emergency Shelter. A facility that provides immediate short- term housing and supplemental services for the homeless. Shelters come in many sizes, but an optimum size is considered to be 20 to 40 beds. Supplemental services may include food, counseling, and access to other social programs. See TRANSITIONAL HOUSING. Eminent Domain. The right of a public entity to acquire private property for public use upon the payment of just compensation. See TAKING. Emission Standard. The maximum amount of pollutant that can legally discharged from a single source, either mobile or stationary. Encroachment: Any obstruction or protrusion into a right of way or adjacent property, whether on the land or above it. Encumbrance. An anticipated expenditure committed for the payment of goods and services not yet received or paid for. Endangered Species. Animal or plant species designated as endangered under federal or state law, whose prospects for survival and reproduction are in immediate jeopardy from one or more causes. See HABITAT CONSERVATION PLAN. Environment. Under the California Environmental Quality Act, "the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance." See CALIFORNIA ENVIRONMENTAL QuALITY ACT. Environmental Impact Report (EIR). A report required pursuant to the California Environmental Quality Act that assesses all the environmental characteristics of an area, determines what effects or impacts will result if the area is altered or disturbed by a proposed action, and identifies alternatives or other measures to avoid or reduce those impacts. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, INITIAL STUDY. Environmental Impact Statement (EIS). Under the National Environmental Policy Act, a statement on the effect of development proposals and other major actions that significantly affect the environment. See NATIONAL ENVIRONMENTAL POLICY ACT. Environmental Justice. The fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. See California Government Code section 65040.12. Erosion. (1) The loosening and transportation of rock and soil debris by wind, rain, or running water. (2) The gradual wearing away of the upper layers of earth. Exaction. A contribution or payment required as an authorized precondition for receiving a development permit; usually refers to mandatory dedication (or fee in lieu of dedication) requirements found in many subdivision regulations. See DEDICATION, IN -LIEU FEE. Excise Tax. Tax placed on a person for a voluntary act, making the tax avoidable. Includes sales and use tax, business license tax, transient occupancy tax, utility users tax, etc. Phrase "excise tax" is most commonly used to refer to a parcel tax. See AD VALOREM TAX, PARCEL TAX, TRANSIENT OCCUPANCY TAx, UTILITY USERS TAX. Expansive Soils. Soils that swell when they absorb water and shrink as they dry. Expenditure. The actual payment for goods and services. See APPROPRIATION. Expressway. A divided multi -lane major arterial street for through traffic with partial control of access and with grade separations at major intersections. See ARTERIAL, FREEWAY, PARKWAY. Exurban Area. The region that lies beyond a city and its suburbs. 125 Planning Commissioner's Handbook League of California Citie Fair Market Rent. Amount of rent, including utility allowances, determined by the U.S. Department of Housing and Urban Development for purposes of administering the Section 8 Existing Housing Program. See SECTION 8 RENTAL ASSISTANCE PROGRAM. Family. (1) Two or more persons related by birth, marriage, or adoption (U.S. Bureau of the Census). (2) An individual or a group of persons living together who constitute a bona fide single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind (California). See HOUSEHOLD. Farmers Home Administration (FmHA). A federal agency that provides loans and grants for improvement projects and low-income housing. Fault. A fracture in the earth's crust forming a boundary between rock masses that have shifted. Feasible. Capable of being accomplished in a successful manner within a reasonable time taking into account economic, environmental, social, and technological factors. Fee Interest. Entitles a landowner to exercise complete control over use of land, subject only to government land use regulations. Fees. Also known as monetary exactions, fees require project proponents to pay certain amounts in order to have their applications processed (the fees reimburse the agency for the expenses of processing the application). Fees also may be assessed to mitigate the impact of a proposed development on the community (for example, school facilities fees to help expand the schools to assure they have enough capacity for the demand created by a new housing development). State law closely regulates the adoption, levy, collection and challenge to development fees imposed by a local public agency. It applies to both fees imposed on a broad class of projects by legislation of general applicability and fees imposed on a project -specific basis. See EXACTION, IMPACT FEE. Field Act. Legislation, passed after a 1933 Long Beach earthquake that collapsed a school, that established more stringent structural requirements and standards for construction of schools than for other buildings. See California Education Code sections 17280; 81130 and following. Final Subdivision Map. A map of an approved subdivision filed in the county recorder's office. It usually shows surveyed lot lines, street right-of-ways, easements; monuments, and distances, angles, and bearings, pertaining to the exact dimensions of all parcels, street lines and so forth. See TENTATIVE SUBDIVISION MAP, PARCEL MAP. Finding. A determination or conclusion based on the evidence presented to a hearing body in support of its decision. When ii presents its decision, the body is often required to demonstrate in writing that the facts presented in evidence support its decision in conformance with the law. Fire Hazard Zone. An area where, due to slope, fuel, weather, or other fire -related conditions, the potential loss of life and property from a fire necessitates special fire protection measures and planning before development occurs. Fiscal Impact Analysis. A projection of the direct public costs and revenues resulting from population or employment change to the local jurisdiction(s) in which the change is taking place. Enables local governments to evaluate relative fiscal merits of general plans, specific plans, or projects. See GENERAL PLAN, SPECIFIC PLAN. Fiscal Year. The period designated for the beginning and ending of financial transactions. Nearly all agency fiscal years begin on July 1 and end June 30 of the following year. Flood Insurance Rate Map (FIRM). For each community, the official map on which the Federal Insurance Administration has delineated areas of special flood hazard and the risk premium zones applicable to that community. Flood, 100 -Year. The magnitude of a flood expected to occur on the average every 100 -years, based on historical data. The 100 -year flood has a one percent chance of occurring in any given year. See BASE FLOOD. Floodplain Fringe. All land between the floodway and the upper elevation of the 100 -year flood. See FLOOD, 100 -YEAR. Floodplain. The relatively level land area on either side of the banks of a stream regularly subject to flooding. That part of the floodplain subject to a one percent chance of flooding in any given year is designated as an "area of special flood hazard" by the Federal Insurance Administration. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the "base flood" without cumulatively increasing the water surface elevation more than one foot. No development is allowed in floodways. See BASE FLOOD. Floor Area Ratio (FAR). The gross floor area permitted on a site divided by the total net area of the site, expressed in decimals to one or two places. For example, on a site with 10,000 net square feet of land area, a floor area ratio of 1.0 will allow a maximum of 10,000 gross square feet of building floor area to be built. On the same site, an FAR of 1.5 would allow 15,000 square feet of floor area; an FAR of 2.0 would allow 20,000 square feet; and an FAR of 0.5 would allow only 5,000 square feet. Also commonly used in zoning, FARs typically are 126 League of California Cities Glossary applied on a parcel -by -parcel basis as opposed to an average FAR for an entire land use or zoning district. See ZONING. Floor Area, Gross. The sum of the horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including any space where the floor -to - ceiling height is less than six feet. Some agencies exclude specific kinds of space (for example, elevator shafts, parking decks) from the calculation of gross floor area. Footcandle. The unit of illumination when the foot is the unit of length. Franchise. Fee paid to a municipality from a franchisee for "rental" or "toll" for the use of city streets and rights -of -way. Freeway. A high-speed, high -capacity, limited -access road serving regional and countywide travel. Such roads are free of tolls, as contrasted with turnpikes or other toll roads. Freeways generally are used for long trips between major land use generators. At Level of Service E, they carry approximately 1,875 vehicles per lane per hour in both directions. Major streets cross at a different grade level. See EXPRESSWAY, LEVEL OF SERVICE (TRAFFIC). Frontage. The frontage, or front, of a lot is usually defined as the side nearest the street. Fund Balance. Difference between the assets (revenues and other resources) and liabilities (expenditures incurred or committed to) of a particular fund. Fund. Accounting entity with a set of self -balancing revenue and expenditure accounts used to record the financial affairs of a governmental organization. See EXPENDITURE. Gann Initiative. See PROPOSITION 4. General Fund. Fund used to account for all financial resources except those required to be accounted for in another fund (like enterprise or grant funds). Usually, the General Fund is the largest fund in an agency. See EARMARKED FUNDS. General Obligation (G.O.) Bonds. Bonds issued through a governmental entity which have the legal authority to levy a tax on real and personal property located within the governmental boundaries at any rate necessary to collect enough money each year to pay for principal and interest due. See BOND, LIMITED OBLIGATION BONDS. General Plan. The general plan is the foundation for local land use planning. The plan provides a vision for the foreseeable planning horizon —usually 10 to 20 years —and translates it into goals and policies for the physical development of the community. All other land use ordinances and policies flow from the general plan. The general plan covers all of the land within the jurisdiction and any additional land that, in the agency's judgment, bears relation to its planning. See California Government Code section 65300. See also SPECIFIC PLAN. General Revenue. Those revenues that cannot be associated with a specific expenditure, such as property taxes (other than voter approved indebtedness), sales tax, and business license tax. See EARMARKED FUNDS, EXPENDITURE. General Tax. Tax used for general agency purposes which is deposited into the general fund. See GENERAL FUND. G.O. Bonds. See GENERAL OBLIGATION (G.O.) BONDS. Grade. (1) Leveling or smoothing the contours of a property. (2) The rate of rise or descent of a sloping surface, usually expressed in degrees or a percentage calculated by the number of feet of rise per 100 feet of horizontal distance. (A 10 percent grade would mean a 10 foot vertical rise over 100 feet of horizontal distance.) Granny Flat. See SECOND UNIT. Grants. Contributions of cash or other assets from another governmental agency to be used or expended for a specified purpose, activity or facility. See EARMARKED FUNDS. Gross Acreage. The entire acreage of a site. Most communities calculate gross acreage to the centerline of proposed bounding streets and to the edge of the right-of-way of existing or dedicated streets. See NET ACREAGE. Ground Failure. Ground movement or rupture caused by strong shaking during an earthquake. Includes landslide, lateral spreading, liquefaction, and subsidence. Groundwater. Water under the earth's surface, often confined to aquifers capable of supplying wells and springs. See AQUIFER. Groundwater Recharge. The natural process of infiltration and percolation of rainwater from land areas or streams through permeable soils into water -holding rocks that provide underground storage (aquifers). See AQUIFER. Group Home; Group Care Facility. Any facility used to provide non -medical residential care, day treatment, adult day care, or foster family agency services. Typically used to assist abused or neglected children or people who are physically disabled or mentally impaired. Growth Management. The use by a community of a wide range of techniques in combination to determine the amount, type, and rate of development desired by the community and to channel that growth into designated areas. Growth management policies can be implemented through public infrastructure ordinances ("concurrency"), urban limit lines, standards for levels of service, phasing, and other programs. See CONCURRENCY, CONGESTION MANAGEMENT PLAN. 127 Planning Commissioner's Handbook League of California Cita 128 Guideway. A roadway system that guides the vehicles using it as well as supporting them. A monorail is one such system. The most familiar and still most used guideway is the railroad. Most guideway transit systems make use of wayside electrical power for propulsion. Habitat. The physical location or type of environment in which an organism or biological population lives or occurs. Habitat Conservation Plan (HCP). A process established under Section 10 of the Endangered Species Act which allows the incidental taking of a listed, threatened, or endangered species upon the approval of a "single" or "multi" species plan. The development of such plans requires extensive studies, research, and coordination between federal, state, and local agencies and with citizen groups. The HCP must show how the impacts of the taking have been minimized and mitigated to the maximum extent practicable, that adequate funding for the plan will be provided, and that the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild. Hazardous Material. Any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. The term includes, but is not limited to, hazardous substances and hazardous wastes. Highest and Best Use. The use of a property that will bring the greatest profit to its owners. In theory, the economics of the real estate market establish a maximum value for each parcel of land at any given time. However, owners are not necessarily entitled to that use, particularly when that use may have negative effects on the use and enjoyment of neighboring properties. High -Occupancy Structure. All pre -1935 buildings with over 25 occupants and all pre -1976 buildings with over 100 occupants. High -Occupancy Vehicle (HOV). Any vehicle other than a driver -only automobile (for example, a vanpool, a bus, or a car carrying two or more persons). Historic Preservation. The preservation of historically significant structures and neighborhoods in order to facilitate restoration and rehabilitation of the building(s) to a former condition. Home Owner's Association. A non-profit organization operating under recorded legal agreements running with the land. Generally, each lot owner in a condominium or similar planned development becomes a member upon purchase and each lot is subject to a charge for a proportionate share of the expenses for the organization's activities, like maintaining common areas, landscaping, recreation facilities and parking areas. Household. All those persons, related or unrelated, who occupy a single housing unit. See FAMILY. Households, Number of. The count of all year-round housing units occupied by one or more persons. The concept of household is important because the formation of new households generates the demand for housing. Each new household formed creates the need for one additional housing unit or requires that one existing housing unit be shared by two households. Thus, household formation can continue to take place even without an increase in population, thereby increasing the demand for housing. Housing and Community Development, Department of (HCD). The state agency responsible for assessing, planning for, and assisting communities to meet the needs of low- and moderate -income households. Housing and Urban Development, U.S. Department of (HUD). A cabinet -level department of the federal government that administers housing and community development programs. Housing Authority, Local (LHA). A local housing agency established in state law, subject to local activation and operation. Originally intended to manage certain federal subsidies, but vested with broad powers to develop and manage other forms of affordable housing. Housing Unit. A house, an apartment, a mobilehome or trailer, a group of rooms, or a single room that is occupied as a separate living quarters, or, if vacant, is intended for occupancy as a separate living quarters (2000 U.S. Census definition). Impact Fee. A fee, also called a development fee, levied on the developer of a project by a city, county, or other public agency as compensation for otherwise -unmitigated impacts the project will produce. Development fees must not exceed the estimated reasonable cost of providing the service for which the fee is charged. See California Government Code sections 66000 and following. Impervious Surface. A surface through which water cannot penetrate, like a roof, road, sidewalk, or paved parking lot. The amount of impervious surface increases with development and establishes the need for drainage facilities to carry the increased runoff. Inclusionary Zoning. Provisions established by a public agency to require that a specific percentage of housing units in a project or development remain affordable to very low- and low-income households for a specified period. Often such regulations require a minimum percentage of housing for low- League of California Cities Glossary and moderate -income households in new housing developments and in conversions of apartments to condominiums. Incorporation. Creation of a new city. Incubator Space. Retail or industrial space that is affordable to new, low -margin businesses. Industrial. A land use classification often divided into "heavy industrial" uses, like construction yards, quarrying, and factories; and "light industrial' uses, like research and development and less intensive warehousing and manufacturing. Infill Development. Development of vacant land (usually individual lots or leftover properties) within areas that are already largely developed. Infrastructure. Public services and facilities like sewage - disposal systems, water -supply systems, other utility systems, schools, and roads. Initial Study. Under the California Environmental Quality Act, a preliminary analysis of the potential environmental impacts of a proposed project prepared by the lead agency. This process is used to determine whether an Environmental Impact Report must be prepared, or a Negative Declaration will be sufficient. See CALIFORNIA ENVIRONMENTAL QUALITY Acr. Initiative. A ballot measure used to enact new legislation. In California, city and county initiative measures may be placed on the ballot by petition of the voters or action of the governing body. In -Lieu Fee. Cash payments that may be required of an owner or developer as a substitute for a dedication of land, usually calculated in dollars per lot, and referred to as in lieu fees or in lieu contributions. See DEDICATION, EXACTION. Institutional Uses. (1) Publicly or privately owned and operated activities like hospitals, convalescent hospitals, intermediate care facilities, nursing homes, museums, and schools and colleges; (2) churches and other religious organizations; and (3) other non-profit activities of a welfare, educational, or philanthropic nature that cannot be considered residential, commercial, or industrial. Intensity, Building. For residential uses, the actual number or the allowable range of dwelling units per net or gross acre. For non-residential uses, the actual or the maximum permitted floor area ratios (FARs). See FLOOR AREA RATIO. Interagency. Indicates cooperation between or among two or more discrete agencies in regard to a specific program. Interim Zoning. See MORATORIUM. Intermittent Stream. A stream that normally flows for at least 30 days after the last major rain of the season and is dry a large part of the year. Investment Earnings. Revenue earned from the investment of idle public funds. Jobs/Housing Balance. The availability of affordable housing for employees. The jobs/housing ratio divides the number of jobs in an area by the number of employed residents. A ratio of 1.0 indicates a balance. A ratio greater than 1.0 indicates a net in -commute; less than 1.0 indicates a net out -commute. Joint Powers Authority (JPA). A legal arrangement that enables two or more units of government to share authority in order to plan and carry out a specific program or set of programs that serves both units. Land Banking. The purchase of land by a local government for use or resale at a later date. Banked lands have been used for development of low- and moderate -income housing, expansion of parks, and development of industrial and commercial centers. Federal rail -banking law allows railroads to bank unused rail corridors for future rail use while allowing interim use as trails. Landmark. (1) A building, site, object, structure, or significant tree having historical, architectural, social, or cultural significance and marked for preservation by the local, state, or federal government. (2) A visually prominent or outstanding structure or natural feature that functions as a point of orientation or identification. Landscaping and Lighting Act of 1972. The 1972 Act lets cities, counties and special districts levy assessments for land purchase and the construction, operation, and maintenance of parks, landscaping, lighting, traffic signals and graffiti abatement. Landslide. Downslope movement of soil and/or rock, which typically occurs during an earthquake or following heavy rainfall. Lateral Spreading. Lateral movement of soil, often as a result of liquefaction during an earthquake. See LIQUEFACTION. Leapfrog Development. New development separated from existing development by substantial vacant land. Lease. A contractual agreement by which an owner of real property (the lessor) gives the right of possession to another (a lessee) for a specified period of time (term) and for a specified consideration (rent). Leasehold Interest. (1) The interest that the lessee has in the value of the lease itself in condemnation award determination. (2) The difference between the total remaining rent under the lease and the rent the lessee would currently pay for similar space for the same time period. 129 Is. Planning Commissioner's Handbook League of California Cities Level of Service (LOS) Standard. A standard used by government agencies to measure the quality or effectiveness of a municipal service like police, fire, or library, or the performance of a facility, like a street or highway. Level of Service (Traffic). A scale that measures the amount of traffic that a roadway or intersection can accommodate, based on such factors as maneuverability, driver dissatisfaction, and delay. (See Page X) Levy. (verb) To impose taxes, special assessments or service charges for the support of governmental activities; (noun) the total amount of taxes, special assessments or service charges imposed by a governmental agency. See SERVICE CHARGES. Licenses and Permits. Charge designed to reimburse agency for costs of regulating activities being licensed, like the licensing of animals, bicycles, etc. Lien. A claim on assets, especially property, for the payment of taxes or utility service charges. See SERVICE CHARGES. Life -Cycle Costing. A method of evaluating a capital investment that takes into account the sum total of all costs associated with the investment over the lifetime of the project. Light -Duty Rail Transit (LRT). Streetcars or trolley cars that typically operate entirely or substantially in mixed traffic and in non-exclusive, at -grade rights -of -way. Passengers typically board vehicles from the street level (as opposed to a platform that is level with the train) and the driver may collect fares. Vehicles are each electrically self-propelled and usually operate in one or two -car trains. Limited Obligation Bonds. Similar to general obligation bonds except that security for the issuance is limited exactly to the revenues pledged in the bond statement and not to the full faith and credit of the city. See BOND, GENERAL OBLIGATION BONDS. Linkage. With respect to jobs/housing balance, a program designed to offset the impact of employment on housing need within a community, whereby project approval is conditioned on the provision of housing units or the payment of an equivalent in -lieu fee. The linkage program must establish the cause -and -effect relationship between a new commercial or industrial development and the increased demand for housing. Liquefaction. The transformation of loose, wet soil from a solid to a liquid state, often as a result of ground shaking during an earthquake. Liquidity. The ability to convert a security into cash promptly with minimum risk of principal. Live -Work Quarters. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Local Agency Formation Commission (LAFCO). Commissions within each county that review and evaluate all proposals for formation of special districts, incorporation of cities, annexation to special districts or cities, consolidation of districts, and merger of districts with cities. Local Coastal Program (LCP). A combination of a local government's land use plans, zoning ordinances, zoning district maps, and (within sensitive coastal resources areas) other implementing actions that together meet the local requirements of, and implement the provisions and policies of, the California Coastal Act of 1976. Local Coastal Program Land Use Plan. The relevant portion of a local government general plan or coastal element that details type, location, and intensity of land use, applicable resource protection and development policies, and, where necessary, implementation actions. Lot. The basic development unit — an area with fixed boundaries, used or intended to be used by one or more uses within one building and its accessory building(s). A lot must meet the requirements of the zoning district in which it is located and must front on a public street or an approved private street. Lot Line Adjustment. The adjustment of a lot line between two or more existing parcels where land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed are not thereby created. Low -Income Household. A household with an annual income usually no greater than 80 percent of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development for the Section 8 housing program. See SECTION 8 RENTAL ASSISTANCE PROGRAM. Low -Income Housing Tax Credits. Tax reductions provided by the federal and state governments for investors in housing for low-income households. Manufactured Housing. Residential structures that are constructed entirely in a factory and that, since June 15, 1976, have been regulated by the federal Manufactured Home Construction and Safety Standards Act of 1974 under the administration of the U.S. Department of Housing and Urban Development. See MOBILEHOME, MODULAR UNIT. Marks -Roos Bonds. Bonds authorized by the Marks -Roos Local Bond Pooling Act of 1985 which provide local agencies with extremely flexible financing powers through participation 130 League of California Cities Glossary in joint powers authorities. See BOND, JOINT POWERS AUTHORITY. Mean. The average of a number of figures computed by adding up all the figures and dividing by the number of figures. Compare MEDIAN and MODE. Mean High Tide Line. The average high tide line in coastal zones. The state of California owns all lands located below the mean high tide line. Mean Sea Level. The average altitude of the sea surface for all tidal stages. Median Strip. The dividing area, either paved or landscaped, between opposing lanes of traffic on a roadway. Median. The middle number in a series of items in which fifty percent of all figures are above and fifty percent are below. Compare with MEAN and MODE. Mello -Roos Bonds. Locally issued bonds that are repaid by a special tax imposed on property owners within a community facilities district established by a governmental entity. The bond proceeds can be used for public improvements and for a limited number of services. Named after the program's legislative authors. Mello -Roos Community Facilities Tax. Special non ad valorem tax imposed to fuiance public capital facilities and services in connection with new development. Mello -Roos District. A distinct entity of government for the purpose of imposing and collecting the Mello -Roos Community Facilities Tax. A local agency and a Mello -Roos District may share a common governing body and common boundaries. Metes and Bounds. A system of describing or identifying land using measures (metes) and direction (bounds) from an identifiable point of reference like a monument or other marker, the corner of intersecting streets, or some other permanent fixture. Microclimate. The climate of a small, distinct area, like a city street or a building's courtyard; can be favorably altered through functional landscaping, architecture, or other design features. Mineral Resource. Land on which known deposits of commercially viable mineral or aggregate deposits exist. This designation is applied to sites determined by the California Geological Survey as being a resource of regional significance and is intended to help maintain the quarrying operations and protect them from encroachment of incompatible land uses. Minipark. A small neighborhood park of approximately one acre or less. See NEIGHBORHOOD PARK. Minor Land Division. Contiguous property which is partitioned into four or fewer lots usually qualifies as a minor land division. Mitigated Negative Declaration. A written statement by the lead agency that revisions to a project, agreed to by the applicant, would avoid potential significant adverse impacts, and there is no substantial evidence that the project, as revised, will have a significant effect on the environment. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, NEGATIVE DECLARATION. Mitigation Measures. In the context of the California Environmental Quality Act, measures that modify a project to reduce or eliminate a significant environmental impact. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Mitigation Monitoring Program. A program which is adopted as part of the Mitigated Negative Declaration or Environmental Impact Report process that establishes a reporting system designed to ensure compliance to and implementation of the adopted mitigation measures. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, ENVIRONMENTAL IMPACT REPORT, MITIGATED NEGATIVE DECLARATION. Mixed -Use. Properties on which various uses like office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A "single site" may indude contiguous properties. Mobilehome. A structure, transportable in one or more sections, built on a permanent chassis and designed for use as a single-family dwelling unit that (1) has a minimum of 400 square feet of living space; (2) has a minimum width in excess of 102 inches; (3) is connected to all available permanent utilities; and (4) is tied down (a) to a permanent foundation on a lot either owned or leased by the homeowner or (b) is set on piers, with wheels removed and skirted, in a mobilehome park. See MANUFACTURED HOUSING, MODULAR UNIT. Mode. In statistics, the number that occurs most frequently in a given series. Compare with MEAN, MEDIAN. Moderate -Income Household. A household with an annual income between the lower income eligibility limits and 120 percent of the area median family income adjusted by household size, usually as established by the U.S. Department of Housing and Urban Development for the Section 8 housing program. See LOW-INCOME HOUSEHOLD, SECTION 8 RENTAL ASSISTANCE PROGRAM. Modular Unit. A factory -fabricated, transportable building or major component designed for use by itself or for incorporation with similar units on site into a structure for residential, commercial, educational, or industrial use. Differs 131 Planning Commissioner's Handbook League of California Cities 132 from mobilehomes and manufactured housing by (in addition to lacking an integral chassis or permanent hitch to allow future movement) being subject to California housing law design standards. California standards are more restrictive than federal standards in some respects (for example, plumbing and energy conservation). Also called factory -built housing and regulated by state law of that title. See MOBILEHOME, MANUFACTURED HOUSING. Moratorium. A zoning designation that temporarily reduces or freezes allowable development in an area until a permanent classification can be fixed; generally assigned during general plan preparation to provide a basis for permanent zoning. Motor Vehicle License Fee (VLF). VLF is fee for privilege of operating vehicle on public streets. VLF is levied annually at two percent of the market value of motor vehicles and is imposed by the state "in lieu" of local property taxes. VLF is also called Motor Vehicle in -Lieu Tax. Multiple Family Residential. A type of housing that has several residential units on a parcel or parcels of land. Examples of multiple family residential housing indude condominiums and apartments. Municipal Improvement Act of 1913. Legislation allowing cities, counties, and special districts to fund everything included in the 1911 Act plus power and public transit facilities; assessments can be levied before construction begins. National Ambient Air Quality Standards. The prescribed level of pollutants in the outside air that cannot be exceeded legally during a specified time in a specified geographical area. National Environmental Policy Act (NEPA). An act passed in 1974 establishing federal legislation for national environmental policy, a council on environmental quality, and the requirements for environmental impact statements. National Flood Insurance Program. A federal program that authorizes the sale of federally subsidised flood insurance in communities where such flood insurance is not available privately. National Register of Historic Places. The official list, established by the National Historic Preservation Act, of sites, districts, buildings, structures, and objects significant in the nation's history or whose artistic or architectural value is unique. Negative Declaration. In the context of the California Environmental Quality Act, a written statement briefly describing the reasons why a proposed project will not have a significant effect on the environment and does not require an Environmental Impact Report. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, MITIGATED NEGATIVE DECLARATION. Neighborhood. A planning area commonly identified as such in a community's planning documents, and by the individuals residing and working within the neighborhood. Documentation may include a map prepared for planning purposes showing the names and boundaries neighborhoods. Neighborhood Park. City- or county -owned land intended to serve the recreation needs of people living or working within one-half mile radius of the park. Neighborhood Unit. According to one widely accepted concept of planning, the neighborhood unit should be the basic building block of the city. It is based on the elementary school, with other community facilities located at its center and arterial streets at its perimeter. The distance from the school to the perimeter should be a comfortable walking distance for a school -age child; there would be no through traffic uses. Limited industrial or commercial would occur on the perimeter where arterials intersect. This was a model for American suburban development after World War II. Neotraditional Development. An approach to land use planning and urban design that promotes the building of neighborhoods with a mix of uses and housing types, architectural variety, a central public gathering place, interconnecting streets and alleys, and edges defined by greenbelts or boulevards. The basic goal is integration of the activities of potential residents with work, shopping, recreation, and transit all within walking distance. Net Acreage. The portion of a site that can actually be built upon. The following generally are not included in the net acreage of a site: public or private road rights -of -way, public open -space, and flood ways. See GROSS ACREAGE. Nexus. In general, a minimum threshold of connection necessary within a taxing jurisdiction to allow taxing authority over out-of-state individuals or businesses. There must be a reasonable connection ("nexus") between required development impact fees and a development project subject to the fees. See California Government Code sections 66000 and following. NIMBY. An acronym for "Not -In -My -Backyard." This is a somewhat unflattering characterization for opponents of development projects, with the implication being that the opponents are advocating strictly based on personal self- interest as opposed to the larger community interests. Local agencies' alleged responsiveness to "NIMBY-ism" is one of the reasons some advocate that state law preempt local agencies' authority over certain kinds of land use decisions (see for example, AFFORDABLE HOUSING). Noise. Any sound that is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. Noise, simply, is "unwanted sound." League of California Cities Glossary Noise Attenuation. Reduction of the level of a noise source using a substance, material, or surface, like earth berms and/or solid concrete walls. - Noise Contour. A line connecting points of equal noise level as measured on the same scale. Noise levels greater than the 60 Ldn contour (measured in dBA) require noise attenuation in residential development. See DAY -NIGHT AVERAGE SOUND LEVEL, DBA. Non -Attainment. The condition of not achieving a desired or required level of performance. Frequently used in reference to air quality. See ATTAINMENT. Nonconforming Use. A use that was valid when brought into existence, but by subsequent regulation becomes no longer conforming. "Non -conforming use" is a generic term and includes (1) non -conforming structures (by virtue of size, type of construction, location on land, or proximity to other structures), (2) non -conforming use of a conforming building, (3) non -conforming use of a non -conforming building, and (4) non -conforming use of land. Thus, any use lawfully existing on any piece of property that is inconsistent with a new or amended general plan, and that in turn is a violation of a zoning ordinance amendment subsequently adopted in conformance with the general plan, will be a non -conforming use. Typically, non -conforming uses are permitted to continue for a designated period of time, subject to certain restrictions. Nonpoint Source Pollution. Sources for pollution that are less definable and usually cover broad areas of land, like agricultural land with fertilizers that are carried from the land by runoff, or automobiles. See POINT SOURCE POLLUTION. Notice (of Hearing). A legal document announcing the opportunity for the public to present their views to an official representative or board of a public agency concerning an official action pending before the agency. Notice of Completion (NOC). Under the California Environmental Quality Act, a notice issued and properly tiled by the lead agency upon completion of the Draft Environmental Impact Report . The NOC contains a description of the proposed project. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Notice of Determination (NOD). Under the California Environmental Quality Act, a notice issued and properly filed by the lead agency upon its approval of a project subject to the Califomia Environmental Quality Act, and stating whether or not the project will have a significant effect on the environment. The notice must be filed within five working days of the action approving a project. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Notice of Preparation (NOP). Under the California Environmental Quality Act, a brief notice issued by the lead agency stating it plans to prepare an Environmental Impact Report for a proposed project. The notice is sent to responsible and trustee agencies and other interested agencies. These parties are asked to comment on the scope of the Environmental Impact Report and potential impacts of the proposed project. These comments are then use to further define the scope of the Environmental Impact Report. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, ENVIRONMENTAL IMPACT REPORT. Official County Scenic Highway. A segment of state highway. identified in the Master Plan of State Highways Eligible for Official Scenic Highway Designation and designated by the Director of the Department of Transportation (Caltrans). Off -site Improvements. Conditions that can be required of a project that involves the installation of streets, curbs, gutters, sidewalks, street trees and other improvements that are located adjacent to the project on city -owned property. Open -Space Land. Any parcel or area of land or water that is essentially unimproved and devoted to an open -space use for the purposes of (1) the preservation of natural resources, (2) the managed production of resources, (3) outdoor recreation, or (4) public health and safety. Ordinance. A law or regulation set forth and adopted by a governmental authority, usually a city or county. Outdoor Advertising Structure. Any device used or intended to direct attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the lot where such device is located. See SIGN. Outdoor Recreation Use. A privately or publicly owned or operated use providing facilities for outdoor recreation activities. Outer Approach Zone. Airspace in which an air-traffic controller initiates radar monitoring for incoming flights approaching an airport. See APPROACH ZONE, CLEAR ZONE, TRANSITION ZONE. Overlay. A land use designation on the General Plan Land Use Map, or a zoning designation on a zoning map, that modifies the basic underlying designation in some specific manner. For example, overlay zones are often used to deal with areas with special characteristics, like flood zones or historical areas. See GENERAL PLAN, ZONING. Parcel. A lot in single ownership or under single control, usually considered a unit for purposes of development. Parcel Map (lot split). A subdivision map that divides a parcel up into four or fewer lots. The city or county can place conditions on the approval of parcel maps. See FINAL SUBDIVISION MAP, SUBDIVISION MAP ACT, TENTATIVE SUBDIVISION MAP. 133 Planning Commissioner's Handbook League of California Cities 134 Parcel Tax. Special non -ad valorem tax on parcels of property generally based on either a flat per -parcel rate or a variable rate depending on the size, use or number of units on the parcel. See AD VALOREM TAx, EXCISE TAx. Park Land; Parkland. Land that is publicly owned or controlled for the purpose of providing parks, recreation, or open -space for public use. See COMMUNITY PARK, NEIGHBORHOOD PARK, REGIONAL PARK. Parking Area, Public. An open area, excluding a street or other public way, used for the parking of automobiles and available to the public, whether for free or for compensation. Parking Management. An evolving Transportation Demand Management technique designed to obtain maximum use from limited parking spaces. Can involve pricing and preferential treatment for High -Occupancy Vehicles, non -peak period users, and short-term users. See HIGH -OCCUPANCY VEHICLE, TRANSPORTATION DEMAND MANAGEMENT. Parking Ratio. The number of parking spaces provided per 1,000 square feet of floor area, for example, 2.1 or "two per thousand." Parking Space, Compact. A parking space (usually 7.5 feet wide by 16 feet long when perpendicular to a driveway or aisle) permitted in some localities on the assumption that many modern cars are significantly smaller, and require less room, than a standard automobile. A standard parking space, when perpendicular to a driveway or aisle, is usually 8.5 feet wide by 18 feet long. Parking, Shared. A public or private parking area used jointly by two or more uses. Parks. Open -space lands whose primary purpose is recreation. See OPEN -SPACE LAND, COMMUNITY PARK, NEIGHBORHOOD PARK, REGIONAL PARK. Parkway Strip. A piece of land located between the rear of a curb and the front of a sidewalk, usually used for planting low ground cover and/or street trees, also known as "planter strip." See STREET TREE PLAN. Parkway. An expressway or freeway designed for non- commercial traffic only; usually located within a strip of landscaped park or natural vegetation. See EXPRESSWAY, FREEWAY. Pay As You Go. Concept of paying for capital projects when the initial cost is incurred, rather than over time through the use of debt financing. See CAPITAL OUTLAY, DEBT FINANCING. Pay As You Use. Concept that debt financing enables the public entity to spread the cost of a capital project over time, as the project is being utilized. See CAPITAL OUTLAY, DEBT FINANCING. Performance Standards. Zoning regulations that permit uses based on a particular set of standards of operation rather than on particular type of use. Performance standards provide specific criteria limiting noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts, and visual impact of a use. Permit. A specific authorization from a planning body to engage in a particular type of development or activity. Permitted Use. An authorized use within a zoning district. See CONDITIONAL USE. Plan Line. A precise line that establishes future rights -of -way along any portion of an existing or proposed street or highway and which is depicted on a map showing the streets and lot line or lines and the proposed right-of-way lines, and the distance thereof from the established centerline of the street or highway, or from existing or established property lines. Planned Community. A large-scale development whose essential features are a definable boundary; a consistent, but not necessarily uniform, character; overall control during the development process by a single development entity; private ownership of recreation amenities; and enforcement of covenants, conditions, and restrictions by a master community association. See COVENANTS, CONDITIONS, AND RESTRICTIONS. Planned Unit Development (PUD). A description of a proposed unified development, consisting at a minimum of a map and adopted ordinance setting forth the regulations governing, and the location and phasing of all proposed uses and improvements to be included in the development. Planning Area. The area directly addressed by the general plan. A city's planning area typically encompasses the city limits and potentially annexable land within its sphere of influence. Planning Commission. A body, usually having five or seven members, created by a city or county in compliance with California law which requires the assignment of the planning functions of the city or county to a planning department, planning commission, hearing officers, and/or the legislative body itself, as deemed appropriate by the legislative body. See California Government Code section 65100. Point Source Pollution. In reference to water quality, a discrete source from which pollution is generated before it enters receiving waters, like a sewer outfall, or an industrial waste pipe. See NoNPOINT SOURCE POLLUTION. Police and Fire Special Tax. Special tax on parcels of property in support of police, fire protection or both. Policy. A statement of a public body that forms the basis for enacting legislation or making decisions. The policies under which zoning ordinances are enacted and administered should be found in a community's general plan. League of California Cities Glossary Poverty Level. As used by the U.S. Census, families and unrelated individuals are classified as being above or below the poverty level based on a poverty index that provides a range of income cutoffs or "poverty thresholds" varying by size of family, number of children, and age of householder. The income cutoffs are updated each year to reflect the change in the Consumer Price Index. Prime Agricultural Land. (1) Land used actively in the pxoduction of food, fiber, or livestock. (2) All land that qualifies for rating as Class I or Class II in the Natural .Resources Conservation Service land use compatibility classifications. (3) Land that qualifies for rating 80 through 100 in the Storie Index Rating. See STORIE INDEX. Prime Farmland. Land which has the best combination of physical and chemical characteristics for the production of crops. Prime Farmland must have been used for the production of irrigated crops within the last three years. Prime Farmland does not include publicly owned lands for which there is an adopted policy preventing agricultural use. Principal. "Face" or "par value" of an instrument. It does not include accrued interest. Private Road/Private Street. Privately owned (and usually privately maintained) motor vehicle access that is not dedicated as a public street. Typically the owner posts a sign indicating that the street is private property and limits traffic in some fashion. For density calculation purposes, some jurisdictions exclude private roads when establishing the total acreage of the site; however, aisles within and driveways serving private parking lots are not considered private roads. Property Tax. An ad valorem tax imposed on real property (land and permanently attached improvements) and tangible personal property (movable property). See AD VALOREM TAX, ASSESSED VALUATION, GENERAL REVENUE, MOTOR VEHICLE LICENSE FEE, TAX. Proposition 4. Also called the Gann Initiative, this initiative, now Article XIIIB of the state constitution, was drafted to be a companion measure to Proposition 13, Article XIIIA of the constitution. Article XIIIB limits growth in government spending to changes in population and inflation. Proposition 13. Article XIIIA of the California Constitution, commonly known as Proposition 13, which limits the maximum annual increase of any ad valorem tax on real property to 1 percent of the full cash value of such property. Proposition 62. A 1986 proposition that, among other things, implemented a majority vote requirement for general taxes. This portion of Proposition 62 was later ruled unconstitutional. Proposition 98. Passed in 1988, this measure establishes a minimum level of funding for public schools and community colleges. This measure also provides that any state revenues in excess of the appropriations limit be spent on schools. Proposition 172. A 1993 measure which places a one-half cent sales tax for local public safety in the constitution. The tax is imposed by the state and distributed to cities and counties. Pro Rata. Refers to the proportionate distribution of something to something else or to some group, like the cost of infrastructure improvements associated with new development apportioned to the users of the infrastructure on the basis of projected use. Public Records. Most public agency documents are public records that must be made available for public inspection upon request. For example, agendas and other documents distributed by any person to a majority of the legislative body in connection with any matter subject to discussion at a public meeting item are public records, which must be made available to the public "without delay." If the agency distributes material prepared by it (induding consultants) or a member of the legislative body during a meeting, copies of the material must be available for public inspection at the meeting. Materials prepared by some other person and distributed during a meeting must be made available after the meeting. See California Government Code sections 54957.5 and 6250 (open meetings law materials availability requirements). See also BROWN ACT. Ranchette. A single dwelling unit occupied by a non -farming household on a parcel of 2.5 to 20 acres that has been subdivided from agricultural land. Real Property Transfer Tax. See DOCUMENTARY TRANSFER TAX. Reclamation. The reuse of resources, usually those present in solid wastes or sewage. Reconstruction. As used in historic preservation, the process of reproducing by new construction the exact form and detail of a vanished structure as it appeared during a specific period of time. Reconstruction is often undertaken when the property to be reconstructed is essential for understanding and interpreting the value of a historic district and sufficient documentation exists to insure an exact reproduction of the original. Recreation, Active. A type of recreation or activity that requires the use of organized play areas including, but not limited to, softball, baseball, football and soccer fields, tennis and basketball courts and various forms of children's play equipment. Recreation, Passive. Type of recreation or activity that does not require the use of organized play areas. Redevelop. To demolish existing buildings; or to increase the overall floor area existing on a property; or both; irrespective of whether a change occurs in land use. 135 I -tanning wrn,nss,onersnana000rc League of California Citie 136 Referendum. A citizen challenge to a legislative action taken by a local agency. If enough signatures are filed, the governing body must either rescind its decision or place the issue on the ballot for a vote. Regional. Pertaining to activities or economies at a scale greater than that of a single jurisdiction, and affecting a broad geographic area. Regional Housing Needs Plan/Share. A quantification by a Council of Governments or by the California Department of Housing and Community Development of existing and projected housing need, by household income group, for all localities within a region. See COUNCIL OF GOVERNMENTS, HOUSING AND COMMUNITY DEVELOPMENT. Regional Park. A park typically 150-500 acres in size focusing on activities and natural features not included in most other types of parks and often based on a specific scenic or recreational opportunity. See COMMUNITY PARK, NEIGHBORHOOD PARK, PARKS. Rehabilitation. The repair, preservation, and/or improvement of substandard housing. Reimbursement for State Mandated Costs. Requirement that the state must reimburse local agencies for the cost of state - imposed programs. Process is commonly called "SB 90" after its original 1972 legislation. See California Constitution artide XIIIB, section 6. Relocation Permit. Needed if a building is to be moved to a lot within the city and if the building is to cross a public street, alley or easement. Rents. Revenues received through the rental of public properties to private parties like convention space and library facilities. Responsible Agency. In the California Environmental Quality Act, all public agencies other than the lead agency that have discretionary approval over a project. Responsible agencies send comments to the lead agency regarding the - environmental impacts about which they have expertise. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Retrofit. To add materials and/or devices to an existing building or system to improve its operation, safety, or efficiency. Buildings have been retrofitted to use solar energy and to strengthen their ability to withstand earthquakes, for example. Rezoning. An amendment to the map and/or text of a zoning ordinance to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area. See ZONING. Richter Scale. A measure of the size or energy release of an earthquake at its source. The scale is logarithmic; the wave amplitude of each number on the scale is 10 times greater than that of the previous whole number. Ridgeline. A line connecting the highest points along a ridge and separating drainage basins or small-scale drainage systems from one another. Right -of -Way. A strip of land occupied or intended to be occupied by certain transportation and public use facilities, like roads, railroads, and utility lines. Riparian Lands. Riparian lands are comprised of the vegetative and wildlife areas adjacent to perennial and intermittent streams. Riparian areas are delineated by the existence of plant species normally found near freshwater. Riparian Rights. The right of a landowner make use of the water in a river or stream on or bordering a property. Sales Tax. The sales tax is imposed on retailers for the privilege of selling tangible personal property in California. Tax base is the total retail price. See TAX BASE. Sanitary Landfill. The controlled placement of refuse within a limited area, followed by compaction and covering with a suitable thickness of earth and other containment material. Sanitary Sewer. A system of subterranean conduits that carries refuse liquids or waste matter to a plant where the sewage is treated, as contrasted with storm drainage systems (that carry surface water) and septic tanks or leech fields (that hold refuse liquids and waste matter on -site). See SEPTIC SYSTEM. Scenic Highway Corridor. The area outside a highway right- of-way that is generally visible to persons traveling on the highway. Scenic Highway/Scenic Route. A highway, road, drive, or street that, in addition to its transportation function, provides opportunities for the enjoyment of natural and man-made scenic resources and access or direct views to areas or scenes of exceptional beauty or historic or cultural interest. The aesthetic values of scenic routes often are protected and enhanced by regulations governing the development of property or the placement of outdoor advertising. Until the mid -1980's, general plans in California were required to include a Scenic Highways element. Second Unit. A self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on a single lot. "Granny Flat" is one type of second unit intended for the elderly. Section 8 Rental Assistance Program. A federal (the U.S. Department of Housing and Urban Development) rent - subsidy program that is one of the main sources of federal housing assistance for low-income households. The program operates by providing "housing assistance payments" to League 01 l.auluflua t.,lnes Glossary owners, developers, and public housing agencies to make up the difference between the "Fair Market Rent" of a unit (set by the U.S. Department of Housing and Urban Development) and the household's contribution toward the rent, which is calculated at 30 percent of the household's adjusted gross monthly income (GMI). "Section 8" includes programs for new construction, existing housing, and substantial or moderate housing rehabilitation. Seismic. Caused by or subject to earthquakes or earth vibrations. Senior Housing. Typically one- and two -bedroom apartments or condominiums designed to meet the needs of and restricted to occupancy by persons 62 years of age and older or, if more .than 150 units, persons 55 years of age and older. Seniors. Persons age 62 and older. .Septic System. A sewage -treatment system that includes a settling tank through which liquid sewage flows and in which solid sewage settles and is decomposed by bacteria in the absence of oxygen. Septic systems are often used for individual -home waste disposal where an urban sewer system is not available. See SANITARY SEWER. Service Charges. Charges imposed to support services to individuals or to cover the cost of providing such services. The fees charged are limited to the cost of providing the service or regulation required (plus overhead). Setback Regulations. The requirements that a building be set back a certain distance from the street (front), side or rear lot line. The frontage or front of a lot is usually defined as the side nearest the street. On a corner lot, the narrowest side is usually determined to be the front lot line. In triangular or other odd - shaped lots, rear lot lines may need to be defined more precisely in the code or judged by the planning commission or other hearing body with appropriate jurisdiction on a case -by - case basis. Settlement. (1) The drop in elevation of a ground surface caused by settling or compacting. (2) The gradual downward movement of an engineered structure due to compaction. Differential settlement is uneven settlement, where one part of a structure settles more or at a different rate than another part. Short -Term Financing Methods. Techniques used for many purposes, such as meeting anticipated cash flow deficits, interim financing of a project, and project implementation. Using these techniques involves issuance of short-term notes. Voter approval is not required. Sign. Any outdoor or indoor object, device, display or structure that is used to advertise, identify, display, direct or attract attention to a person, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. See OUTDOOR ADVERTISING STRUCTURE. Sign Permit. This permit allows for a sign to be erected in compliance with stated policies or conditions. Siltation. (1) The accumulating deposition of eroded material. (2) The gradual filling in of streams and other bodies of water with sand, silt, and clay. Single Room Occupancy (SRO). A single room, typically 80- 250 square feet, with a sink and closet, but which requires the occupant to share a communal bathroom, shower, and kitchen. See AFFORDABLE HOUSING. Site Plan. A plan, to scale, showing uses and structures proposed for a parcel of land. It includes lot lines, streets, building sites, public open space, buildings, major landscape features — both natural and man-made — and, depending on requirements, the locations of proposed utility lines. Site Plan Review. The process whereby local officials, usually the planning commission and staff, review the site plans of a developer to assure that they meet the purposes and standards of the zone, provide for necessary public facilities like streets, parks, and schools, and protect adjacent properties through appropriate siting of structures and landscaping. Solar Access. The provision of direct sunlight to an area specified for solar energy collection when the sun's azimuth is within 45 degrees of true south. Solar System, Active. A system using a mechanical device, like a pump or a fan, and energy in addition to solar energy to transport a conductive medium (air or water) between a solar collector and the interior of a building for the purpose of heating or cooling. Solar System, Passive. A system that uses direct heat transfer from thermal mass instead of mechanical power to distribute collected heat. Passive systems rely on building design and materials to collect and store heat and to create natural ventilation for cooling. Solid Waste. Any unwanted or discarded material that is not a liquid or gas. Includes organic wastes, paper products, metals, glass, plastics, cloth, brick, rock, soil, leather, rubber, yard wastes, and wood, but does not indude sewage and hazardous materials. Organic wastes and paper products comprise about 75 percent of typical urban solid waste. Special District. A governmental entity formed to deliver a specific service, like fire protection, water service or the maintenance of open space. Special Tax. Tax earmarked for a specific purpose or governmental program. Special taxes require a two-thirds vote of the electorate voting in an election in order to be implemented. See COMMUNITY FACILITIES DISTRICT, EARMARKED 137 Planning Commissioner's Handbook League of California Cities i J 1 138 FUNDS, MELLo-Roos BONDS, MELLO-ROoS COMMUNITY FACILITIES TAX, POLICE AND FIRE SPECIAL TAX, TAX. Specific Plan. A plan that an agency may adopt to implement the general plan in all or part of the area covered by the general plan. See California Government Code section 65450. A specific plan must specify in detail the land uses, public and private facilities needed to support the land uses, phasing of development, standards for the conservation, development, and use of natural resources, and a program of implementation measures, including financing measures. See GENERAL PLAN. Sphere of Influence. The probable physical boundaries and service area of a local agency, as determined by the Local Agency Formation Commission of the county. See LOCAL AGENCY FORMATION COMMISSION. Spot Zoning. The awarding of a use dassification to an isolated parcel of land that is detrimental or incompatible with the uses of the surrounding area, particularly when such an act favors a particular owner. A special circumstance like historical value, environmental importance, or scenic value would justify special zoning for a small area. See ZONING. Sprawl. Haphazard growth or outward extension of a city resulting from uncontrolled or poorly managed development. State Clearinghouse. In California, the State Clearinghouse is part of the Governor's Office of Planning and Research, and is responsible for distributing environmental documents to state agencies. Lead agencies are required to submit their draft Environmental Impact Reports or negative declarations if a state agency is the lead agency, a state agency is a responsible agency or trustee agency or the project is of statewide, regional or area importance. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, ENVIRONMENTAL IMPACT REPORT, NEGATIVE DECLARATION. Storie Index. A numerical system (0-100) rating the degree to which a particular soil can grow plants or produce crops, based on four factors: soil profile, surface texture, slope, and soil limitations. See PRIME AGRICULTURAL LAND. Stormwater Detention. Any storm drainage technique that retards or detains runoff, like detention or retention basins, parking lot storage, rooftop storage, porous pavement, or dry wells. See DETENTION DAM. Street Tree Plan. A comprehensive plan for all trees on public streets that sets goals for solar access, and standards for species selection, maintenance, and replacement criteria, and for planting trees in patterns that will define neighborhood character while avoiding monotony or maintenance problems. Streets, Major. The transportation network that includes a hierarchy of freeways, arterials, and collectors to service through traffic. See ARTERIAL, COLLECTOR, EXPRESSWAY, FREEWAY. Streets, Minor. Local streets not shown on the Circulation Plan, Map, or Diagram, whose primary intended purpose is to provide access to fronting properties. Streets, Through. Streets that extend continuously between other major streets in the community. Strip Zoning. A zone normally consisting of a ribbon of uses fronting both sides of a major street and extending inward for approximately half a block. Strip commercial development is the most common form. It usually is characterized by an assortment of gas stations, drive-in and fast-food restaurants, motels, tourist shops, and some automobile sales and service operations. • Structure. Anything constructed or erected that requires location on the ground (exduding swimming pools, fences, and walls used as fences). Subdivision. The division of a tract of land into defined lots, either improved or unimproved, which can be separately conveyed by sale or lease, and which can be altered or developed. The process often includes setting aside land for streets, sidewalks, parks, public areas, and other infrastructure needs —including the designation of the location of utilities. Subdivision Map Act. California law that this act vests in local legislative bodies the regulation and control of the design and improvement of subdivisions, including the requirement for tentative and final maps. See California Government Code sections 66410 and following. Subregional. Pertaining to a portion of a region. Subsidence. The sudden sinking or gradual downward settling and compaction of soil and other surface material with little or no horizontal motion. Subsidence may be caused by a variety of human and natural activity, including earthquakes. See SETTLEMENT. Subsidize. To assist by payment of a sum of money or by the granting of terms or favors that reduce the need for monetary expenditures. Housing subsidies may take the form of mortgage interest deductions or tax credits from federal and/or state income taxes, sale or lease at less than market value of land to be used for the construction of housing, payments to supplement a minimum affordable rent, and the like. Substandard Housing. Residential dwellings that, because of their physical condition, do not provide safe and sanitary housing. Substantial Evidence — Under some circumstances, a local agency's land use decision must be supported by what is called "substantial evidence" in light of the whole record. The public can assist the agency in gathering and putting information into the record that may provide the basis for the agency's decision. The agency's findings must be supported by ,eague of California Cities Glossary ubstantial evidence and then the findings must support the agency's decision. ;ubvention. Subsidy or financial support received from :ounty, state or federal government. The state and counties evy certain taxes that are "subvened" to cities, including motor 'ehide license fees, state mandated costs and motor vehicle uel tax. See MOTOR VEHICLE LICENSE FEE, REIMBURSEMENT FOR ;TATE MANDATED COSTS. ;upplemental Property Tax. In the event a property changes rwnership, the county collects a supplemental property tax assessment in the current tax year by determining a .upplemental value. In future tax periods, the property carries he full cash value. See PROPERTY TAX, PROPOSITION 13. ;ustainability. Community use of natural resources in a way hat does not jeopardize the ability of future generations to ive and prosper. ;ustainable Development. Development that maintains or nhances equity, economic opportunity, and community well >eing while protecting and restoring the natural environment ipon which people and economies depend. Sustainable levelopment meets the needs of the present without :ompromising the ability of future generations to meet their )wn needs. Caking. The appropriation by government of private land for vhich just compensation must be paid. Another term for ?minent Domain. Often used when the claim is made that a ;overnment regulation is akin to eminent domain. See :ONDEMNATION. fax. Compulsory charge levied by a government for the )urpose of financing services performed for the common ienefit. See TAX BASE, TAX RATE. fax Allocation Bonds. Bonds issued by redevelopment agencies to revitalize blighted and economically depressed areas of the community and to promote economic growth. See SLIGHT, BOND, COMMUNITY REDEVELOPMENT AGENCY. fax Base. The objects or transactions to which a tax is applied like parcels of property, retail sales, etc.). State law or local )rdinances define the tax base and the objects or transactions xempted from taxation. fax Increment. Additional tax revenues that result from ncreases in property values within a redevelopment area. State ow permits the tax increment to be earmarked for edevelopment purposes but requires at least 20 percent to be ised to increase and improve the community's supply of low- nd very -low income housing. See AFFORDABLE HOUSING. :ax Increment Financing. A tax incentive designed to attract tusiness investment by dedicating to the project area the new troperty tax revenues generated by redevelopment. The ncrease in revenues (increment) is used to finance development -related costs in that district. See BLIGHT, COMMUNITY REDEVELOPMENT AGENCY, PROPERTY TAX. Tax Rate. The amount of tax applied to the tax base. The rate may flat, incremental or a percentage of the tax base, or any other reasonable method. See TAX, TAX BASE. Telecommuting. Working at home or in a location other than the primary place of work and communicating with the workplace and conducting work via wireless or telephone lines, using modems, fax machines, or other electronic devices in conjunction with computers. Temporary Use. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. Tentative Subdivision Map. A map showing the design of a proposed subdivision of five or more lots. It includes existing conditions in and around the subdivision. This is the stage when a city or county must place all the restrictions it deems necessary on the map. The term "tentative" is misleading, because additional conditions or substantive design changes cannot be required once a tentative subdivision map is approved. See FINAL SunDrvlsloN MAP, SUBDIVISION MAP ACT. Traffic Model. A mathematical representation of traffic movement within an area or region based on observed relationships between the kind and intensity of development in specific areas. Many traffic models operate on the theory that trips are produced by persons living in residential areas who are attracted by various non-residential land uses. See TRIP. Traffic Zone. In a mathematical traffic model the area to be studied is divided into zones, with each zone treated as producing and attracting trips. The production of trips by a zone is based on the number of trips to or from work or shopping, or other trips produced per dwelling unit. Transfer of Development Rights. Also known as "Transfer of Development Credits," a program that can relocate potential development from areas where proposed land use or environmental impacts are considered undesirable (the "donor" site) to another ("receiver") site chosen on the basis of its ability to accommodate additional units of development beyond that for which it was zoned, with minimal environmental, social, and aesthetic impacts. Transient Occupancy Tax. Local tax on persons staying 30 days or less in a hotel, inn, motel, tourist home, non- membership campground or other lodging facility. Also called Transient Lodging Tax or Bed Tax. See AD VALOREM TAx, EXCISE TAx, TAx. Transit. The conveyance of persons or goods from one place to another by means of a local public transportation system. 139 Planning Commissioner's Handbook League of California Cities 140 Transit -Dependent. Refers to persons unable to operate automobiles or other motorized vehicles, or those who do not own motorized vehicles. Transit -dependent citizens must rely on transit, paratransit, or owners of private vehicles for transportation. Transit -dependent citizens include the young, the disabled, the elderly, the poor, and those with prior violations of motor vehicle laws. Transit, Public. A system of regularly scheduled buses and/or trains available to the public on a fee -per -ride basis. Also called mass transit. Transition Zone. Controlled airspace extending upward from 700 or more feet above the ground wherein procedures for aircraft approach have been designated. The transition zone lies closer to an airport than the outer approach zone and outside of the inner approach zone. See APPROACH ZONE, CLEAR ZONE, OUTER APPROACH ZONE. Transitional Housing. Shelter provided to the homeless for an extended period, often as long as 18 months, and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing. See EMERGENCY SHELTER. Transit -Oriented Development (TOD). Moderate- to higher - density development, located within easy walk of a major transit stop, generally with a mix of residential, employment, and shopping opportunities designed for pedestrians without excluding the auto. TOD can be new construction or redevelopment of one or more buildings whose design and orientation facilitate transit use. See California Department of Transportation, Statewide Transit -Oriented Development Study (2002). Transportation Demand Management (TDM). A strategy for reducing demand on the road system by reducing the number of vehicles using the roadways and/or increasing the number of persons per vehicle. TDM attempts to reduce the number of persons who drive alone during the commute period and to increase the number in carpools, vanpools, buses or trains, or walking or biking. TDM can be an element of TSM (see below). Transportation Systems Management (TSM). A comprehensive strategy developed to address the problems caused by additional development, increasing trips, and a shortfall in transportation capacity. Transportation Systems Management focuses on more efficiently utilizing existing highway and transit systems rather than expanding them. TSM measures are characterized by their low cost and quick implementation time frame, like computerized traffic signals, metered freeway ramps, and one-way streets. Transportation Tax. Special tax imposed by counties for county transportation needs. Typically collected with the sales and use tax, some cities receive a portion of the transportation tax usually in .25 percent tax rate increments. See AD VALOREM TAX, SPECIAL TAX, TAX. Trees, Street. Trees strategically planted -usually in parkway strips, medians, or along streets -to enhance the visual quality of a street. See MEDIAN STRIP, PARKWAY STRIP, STREET TREE PLAN. Trip. A one-way journey that proceeds from an origin to a destination via a single mode of transportation; the smallest unit of movement considered in transportation studies. Each trip has one "production end," (or origin —often from home, but not always), and one "attraction end," (destination). See TRAFFIC MODEL. Trip Generation. The dynamics that account for people making trips in automobiles or by means of public transportation. Trip generation is the basis for estimating the level of use for a transportation system and the impact of additional development or transportation facilities on an existing, local transportation system. Trip generations of households are correlated with destinations that attract household members for specific purposes. Truck Route. A path of circulation required for all vehicles exceeding set weight or axle limits, a truck route follows major arterials through commercial or industrial areas and avoids sensitive areas. Turbidity. A thick, hazy condition of air or water resulting from the presence of suspended particulates or other pollutants. Uniform Building Code (UBC). A national, standard building code that sets forth minimum standards for construction. See BUILDING CODE. Uniform Housing Code (UHC). State housing regulations governing the condition of habitable structures with regard to health and safety standards and providing for the conservation and rehabilitation of housing in accordance with the Uniform Building Code (UBC). Urban. Of, relating to, characteristic of, or constituting a city. Urban areas are generally characterized by moderate and higher density residential development, commercial development, and industrial development, and the availability of public services required for that development, specifically central water and sewer, an extensive road network, public transit, and other such services (for example, safety and emergency response). Development not providing such services may be "non -urban" or "rural." The California Environmental Quality Act defines "urbanized area" as an area that has a population density of at least 1,000 persons per square mile. See California Public Resources Code section 21080.14(b). See also CALIFORNIA ENVIRONMENTAL QUALITY ACT, URBAN LAND USE. League of California Cities Glossary Urban Design. The attempt to give form, in terms of both beauty and function, to selected urban areas or to whole cities. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban planning, architecture, and landscape architecture. Urban Growth Boundary. An officially adopted and mapped fine dividing land to be developed from land to be protected for natural or rural uses. Urban growth boundaries (also called urban limit lines) are regulatory tools, often designated for long periods of time (20 or more years) to provide greater certainty for both development and conservation goals. (Source: Greenbelt Alliance). Urban Land Use. Residential, commercial, or industrial land use in areas where urban services are available. Urban Reserve. An area outside of an urban service area but within an urban growth boundary, in which future development and extension of municipal services are contemplated but not imminent. Urban Services. Utilities (like water, gas, electricity, and sewer) and public services (like police, fire, schools, parks, and recreation) provided to an urbanized or urbanizing area. Urban Services Area. (1) An area in which urban services will be provided and outside of which such services will not be extended. (2) Developed, undeveloped, or agricultural land, either incorporated or unincorporated, within the sphere of influence of a city, which is served or will be served during the • first five years of an adopted capital improvement program by urban facilities, utilities, and services. The boundary around an urban service area is called the "urban service area boundary" and is to be developed in cooperation with a city and adopted by the county's local agency formation commission . See California Government Code section 56080. Use Tax. The use tax is imposed on the user of a product whenever the sales tax does not apply, such as on goods purchased out-of-state and delivered for use in California and on long-term leases. Tax base is the total retail price. See AD VALOREM TAX, TAX, TAX BASE. Utility Corridors. Rights -of -way or easements for utility lines on either publicly or privately owned property. See EASEMENT, RIGHT-OF-WAY. Utility Users Tax. Tax imposed on the consumer (residential and/or commercial) of any combination of electric, gas, cable television, water, and telephone services. See EXCISE TAX, TAX. Variance. A device which grants a property owner relief from certain provisions of a zoning ordinance when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. A variance may be granted, for example, to reduce yard or setback requirements, or the number of parking or loading spaces. Vehicle -Miles Traveled (VMT). A key measure of overall street and highway use. Reducing VMT is often a major objective in efforts to reduce vehicular congestion and achieve regional air quality goals. Very -Low Income Household. A household with an annual income usually no greater than 50 percent of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development for the Section 8 housing program. See SECTION 8 RENTAL ASSISTANCE PROGRAM. Vested Right. A right that has become absolute and fixed and cannot be denied by subsequent conditions or changes in regulations, unless it is taken and paid for. There is no vested right to an existing zoning classification. Once development has been started or completed, there is a right to maintain that particular use, regardless of the classification given the property. View Corridor. The line of sight - identified as to height, width, and distance - of an observer looking toward an object of significance to the community (like ridgelines, rivers and historic buildings, for example); the route that directs the viewers attention. Viewshed. The area within view from a defined observation point. VLF. See MOTOR VEHICLE LICENSE FEE. Volume -to -Capacity Ratio. A measure of the operating capacity of a roadway or intersection, in terms of the number of vehicles passing through, divided by the number of vehicles that theoretically could pass through when the roadway or intersection is operating at its designed capacity. Abbreviated as "V/C." At a V/C ratio of 1.0, the roadway or intersection is operating at capacity. If the ratio is less than 1.0, the traffic facility has additional capacity. Although ratios slightly greater than 1.0 are possible, it is more likely that the peak hour will elongate into a peak period. See LEVEL OF SERVICE (TRAFFIC). Watercourse. Natural or once natural flowing (perennially or intermittently) water including rivers, streams, and creeks. Includes natural waterways that have been channelized, but does not include manmade channels, ditches, and underground drainage and sewage systems. Water -Efficient Landscaping. Landscaping designed to minimize water use and maximize energy efficiency. Watershed. The total area above a given point on a watercourse that contributes water to its flow; the entire 141 Planning Commissioner's Handbook region drained by a waterway or watercourse that drains into a lake, or reservoir. Water Table. The upper surface of groundwater, or that level below which the soil is seasonally saturated with water. Wetlands. Transitional areas between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is covered by shallow water. Under a "unified" methodology now used by all federal agencies, wetlands are defined as "those areas meeting certain criteria for hydrology, vegetation, and soils." Wildlife Refuge. An area maintained in a natural state for the preservation of both animal and plant life. Williamson Act. Known formally as the California Land Conservation Act of 1965, it was designed as an incentive to retain prime agricultural land and open -space in agricultural use, thereby slowing its conversion to urban and suburban development. The program entails a ten-year contract between the city or county and an owner of land whereby the land is taxed on the basis of its agricultural use rather than its market value. The land becomes subject to certain enforceable restrictions, and certain conditions need to be met prior to approval of an agreement. Woodlands. Lands covered with woods or trees. Yard. The open space between a lot line and the buildable area within which no structure may be located, except as provided in the zoning ordinance. League of California Cities Yield. The total amount of revenue a government expects to receive from a tax, determined by multiplying the tax rate by the tax base. Also, the annual rate of return on an investment, expressed as a percentage of the investment. See TAx, TAX BASE, TAX RATE. Zero Lot Line. A development approach in which a building is sited on one or more lot lines. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot Zoning. The division of a city or county by legislative regulations into areas, or zones, that specify allowable uses for real property and size restrictions for buildings within these areas; a program that implements policies of the general plan. See GENERAL PLAN, INCLUSIONARY ZONING, REZONING, SPECIFIC PLAN, SPOT ZONING. Zoning Amendment. An amendment to or a change in the zoning ordinance. Rezonings can take three forms. 1) a comprehensive revision or modification of the zoning text and map; 2) a text change in zoning requirements; and 3) a change in the zoning designation of a particular parcel or parcels of land. Zoning District. A designated section of a city or county for which prescribed land use requirements and building and development standards are uniform. Zoning Map. The officially adopted zoning map specifying the uses permitted within certain areas. 142 League of California Cities Glossary ACRONYMS AND ABBREVIATIONS A Agricultural ACOE U.S. Army Corps of Engineers ADA Americans with Disabilities Act (1990) ADT Average Daily Trips made by vehicles or persons in a 24 -hour period ADU Accessory Dwelling Unit of acre foot AIA American Institute of Architects AICP American Institute of Certified Planners ALUC Airport Land Use Commission APA American Planning Association AQMD Air Quality Management District. ARB Air Resources Board ASCE American Society of Civil Engineers BAT Best Available Technology BID Business Improvement District BLM Bureau of Land Management BMP Best Management Practices BMR Below -Market Rate Dwelling Unit C Commercial zone/use of specified intensity C Commercial CAA Clean Air Act CAD Computer Aided Design Ca1EPA California Environmental Protection Agency CBD Central Business District CC&Rs Covenants, Conditions, and Restrictions CDBG Community Development Block Grant CEQA California Environmental Quality Act CESA California Endangered Species Act CFD Mello -Roos Community Facilities District cfs Cubic Feet per Second CHFA California Housing Finance Agency CIP Capital Improvements Program CMP Congestion Management Plan CNEL Community Noise Equivalent Level CPI Consumer Price Index COG Council of Governments CRA Community Redevelopment Agency CSA Community Service District CUP Conditional Use Permit CWA Federal Clean Water Act dB DFG DOE DOT DU EIR EIS EJ EPA ESA FAA FAR FAUS FEMA FHA FHWA FIA FIR FIRE - FIRM FM FmHA FPPC FTA FWS GIS GLA GMI GPS HAP HCD HCP HOV HTF HUD I ISTEA JPA LAFCO Decibel Department of Fish and Game Department of Energy (U.S.) Department of Transportation (U.S.) Dwelling Unit Environmental Impact Report (California) Environmental Impact Statement (Federal) Environmental Justice Federal Environmental Protection Agency Federal Endangered Species Act Federal Aviation Administration Floor Area Ratio Federal Aid to Urban Systems Federal Emergency Management Agency Federal Housing Administration Federal Highway Administration Fiscal Impact Analysis (also Federal Insurance Administration) Fiscal Impact Report Finance, Insurance and Real Estate Flood Insurance Rate Map Facility Mapping Farmers Home Administration Fair Political Practices Commission (California) Federal Transit Administration U.S. Fish and Wildlife Service Geographic Information Systems Gross Leasable Area Gross Monthly Income Global Positioning System Housing Assistance Plan California Department of Housing and Community Development Habitat Conservation Plan High -Occupancy Vehicle Housing Trust Fund U.S. Department of Housing and Urban Development Industrial Intermodal Surface Transportation Efficiency Act Joint Powers Authority Local Agency Formation Commission 143 Planning Commissioner's Handbook League of California Cities 144 LCP Local Coastal Plan/Program LHA Local Housing Authority LOS Level of Service LRT Light -duty Rail Transit M - 1, 2. Manufacturing Zone MF Multifamily MGD Millions of Gallons per Day MH Manufactured Housing MOU Memorandum of Understanding MPD Master Planned Community MSCP Multi -Species Conservation Plan MXD Mixed Use Development NAHB National Association of Home Builders NAHRO National Association of Housing & Redevelopment Officials NCCP Natural Communities Conservation Plan NEPA National Environmental Policy Act NGO Nongovernmental Organization NHPA National Historic Preservation Act NMFS National Marine Fisheries Service NOC Notice of Completion (CEQA) NOD Notice of Determination (CEQA) NOP Notice of Preparation (CEQA) NPDES National Pollution Discharge Elimination System NRCS National Resources Conservation Service OPR Governor's Office of Planning and Research (California) P&Z Planning and Zoning PC Planning Commission PCD Planned Commercial Development PDR Purchase of Development Rights PHT Peak Hour Traffic (or Peak Hour Trips) PID Planned Industrial Development PPB Parts Per -Billion PPM Parts per Million PUD Planned Unit Development QOL Quality of Life R Residential R-1,2 Residential Zone/use of specified intensity RDA Redevelopment Agency RFP Request for Proposal RFQ Requests for Qualifications RLUIPA Religious Land Use and Institutionalized Persons Act ROW Right -of -Way RPA Regional Planning Agency RTPA Regional Transportation Planning Agency SFD Single -Family Dwelling SLAPP Strategic Lawsuits Against Public Participation SRO Single -Room Occupancy STIP State Transportation Improvement Plan TDM Transportation Demand Management TDR Transfer of Development Rights TEA -21 Federal Transportation Equity Act for the 21st Century TMDL Total Maximum Daily Load TOD Transit -Oriented Development TOT Transient Occupancy Tax TSM Transportation Systems Management UBC Uniform Building Code UGB Urban Growth Boundary UHC Uniform Housing Code UMTA Urban Mass Transportation Administration USDA U.S. Department of Agriculture USDI U.S. Department of the Interior USFS U.S. Forest Service USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey VLF Vehicle License Fee VMT Vehicle Miles Traveled WMD Watershed Management Program WQMP Water Quality Management Plan ZLL Zero Lot Line ZO Zoning Ordinance ROLE AND RESPONSIBILITIES OF THE PLANNING COMMISSION 2.20.010 Statutory authority --Findings. The City Council finds that the appointment of a Planning Commission in accordance with the provisions of Sections 65,150 of the Government Code of the State of California is necessary and desirable for the purpose of regulating the use of land in the City in order to preserve the physical environment and the human needs of the residents and the owners of land in the City; and the City Council further finds: A. The Planning Commission shall consider all matters presented to it fairly and impartially, recognizing the rights of the applicant as well as its obligation to enforce all zoning ordinances and resolutions adopted by the City Council. B. The development and use of all land within the City should be directed to the continuation of the existing rural open areas surrounding the existing residences in the City, and each new improvement or use of land should be carefully examined to determine what effect the proposed improvement or use of land will have on the terrain, trees and natural flora in the City. C. The granting of variances and conditional use permits shall be carefully scrutinized to protect bridle trails and provide the proper spacing of residences and accessory buildings so as to prevent overconstruction on the lot or parcel to be improved. 17.34.060 Hearings --Investigation. The Planning Commission shall be responsible for investigating, or directing the investigation, of the facts bearing upon an application or similar matter set for hearing. The investigation shall also include an analysis of precedent cases and other relevant information necessary to assure that action on each case is consistent with the purpose of this title and with previous decisions. ROLE: In reviewing development applications, the Planning Commission is charged with certain functions as prescribed by legislative authority. The following were identified as the Planning Commission's functions: a. Implement the general plan through the administration of zoning and subdivision ordinances. b. Balance new development with the protection of the surrounding environment. c. Review individual projects for consistency with the general plan and all other applicable city ordinance. Evaluate the general characteristics (compatibility, mass, bulk, location, height, and open space) of a development. d. Review projects for site plan, variances and conditional use permits and other discretionary reviews assigned by the legislative body. (i.e. subdivision, lot line adjustment). e. Determine findings to justify recommendation / decision Vote (favor, against, abstain, recuse. f. Recommend development projects to the City Council. g. Consider compatibility with other development. h. Review staff's assessment of conformance with City codes. i. Hold hearings on and act upon discretionary review projects. j. Assist in writing, review and revise, as necessary, zoning and subdivision ordinances. k. Perform other functions, as the legislative body requires, such as conducting studies and preparing plans and ordinances in conformance with the state law. Assist in writing, periodically review, and revise as necessary the general plan. 1. Endeavor to promote the public interest in actions. City staff's function were summarized as follows: a. Stay current on new laws, regulations, and technologies in the planning and development field. b. Advise the Planning Commission on the need to revise plans and ordinances to be consistent with state law. c. Provides guidance to applicants in preparation and submission of plans. d. Review applications for completeness and prepare reports for the Planning Commission. e. Prepare studies and ordinances. f. Respond to complaints regarding development/construction. g. Enforce zoning and building codes. h. Through contracts with Los Angeles County, Building and Safety Department and with Willdan Engineers assure projects are constructed according to plan i. Prepare semi-annual reports to City Council and PC on cases approved over-the-counter (administrative approvals) and list of buidling permits that were issued- that info is from County of LA and Willdan Eng. j. Educate the public regarding City's rules and regulations. We always encourage real estate agents, potential buyers or those already living in the City to visit and talk to us before they commence any work on their property. We have hand-outs, flyers, informational brochures, summaries of regulations at the counter for anyone to pick up. Our web sites has copies of the development applications, policies, ZCode k. 2-3 times per year we give presentation to local realtors on City's regulations. In the past 3-4 years we have invited the RHCA staff to make a presentation. 1. We place articles/information in the city's Newsletter on different development topics, grading requirements, storm water mngmnt, upcoming topics of discussion w/Ping. Comm. m. Code enforcement -by complaint. Staff investigates each complain, by first looking into the existing records to see if anything was permitted on the property and if not, calling the resident to inquire what work is being done. Many such complaints are resolved without having to write a formal letter and are solved by voluntary compliance. Many phone calls are just inquires if the work being done was permitted by City and if building permits were obtained. Those cases that need to be further investigated, it is not unusual to have City's building inspector go and visit the property, per our request. ,.J BRIEF INTRODUCTION TO PLANNING: What is Planning Commission The planning commission is a permanent committee made up of five individuals appointed by the city council to review and act on matters related to planning and development. What is Planning It is the implementation/carrying out of the goals and policies set by the City Council and the residents of Rolling Hills that guide the development of the City, control the character and quality of life for its residents and manage growth. City Council sets those goals and policies in a Comprehensive plan for the City, called the General Plan. What is a General Plan General Plan is a comprehensive plan for the City that conveys the vision for development and land uses. The General Plan is normally a very general, broad plan that governs the growth and development of cities. The General Plan is normally updated every 10-15 years and contains State mandated Sections (called Elements), such as land use, housing, open space/recreation, safety, circulation, noise, hazard mitigation and others. What is Zoning Ordinance Zoning Ordinance and similar ordinances establish rules and requirements for development in the City in order to obtain the physical, environmental and social goals in accordance with the General Plan and to assure that the growth and development in the City is orderly, attractive and protect and enhance the rural and equestrian character and natural topographic feature of the City. Zoning Ordinance specifies allowable uses for properties, size restrictions for development, grading restrictions and other development standards. The authority for said regulations is derived from the State of California Constitution and the California Planning and Zoning Law. What is Subdivision Ordinance Subdivision Ordinance is an ordinance providing development standards, rules and regulations regarding the division of real property into two or more lots. The authority for said regulations is derived from State of California Subdivision Map Act. What is the California Environmental Quality Act (CEQA) The California Environmental Quality Act (CEQA) is a State law designed to assure that decisionmakers understand the environmental impacts of a decision before the decision is made. Each City is required to adopt its own local guidelines for implementing CEQA. What is a discretionary approval It is an approval of a project which requires that the Planning Commission ascertain whether or not to approve or deny a project based on the evidence provided and based on compliance with applicable statutes, ordinances and regulations and which also requires the exercise of judgment, deliberation, or decision on the part of the Planning Commission, and/or the City Council. Discretionary projects include conditional use permit, site plan review, variance, subdivision and lot line adjustment. What is administrative project It is the approval of a project by city staff, which requires staff to ascertain that the project complies with applicable statues, rules and regulations of the City. What is the Ralph M. Brown Act The Ralph M. Brown Act(Brown Act) is the California's open meeting law for local agencies. The purpose of the Ralph M. Brown Act, Government Code Sections 54950, et seq., is to ensure that the actions of local governmental entities are taken openly and that all of their deliberations are conducted publicly. The Act applies to the Planning Commission. Thus, all Commission actions and deliberations, including those of Commission Committees of more than three members, must be made in public, and all meetings must be open. Conflict of Interest Government Code Sections 87100, et seq., require that public officials avoid any serious conflicts of interest when acting in their official capacities. two aspects of these provisions affect Commissioners. First, a Commissioner is prohibited from making decisions about any matter in which the Commissioner has a financial interest. Second, a Commissioner is required to file a financial disclosure statement annually. Meetings The Rolling Hills Planning Commission meets on the third Tuesday of each month at 6:30 PM. Filed trips are conducted for all cases, usually in the morning on the day of the regular meeting. The Planning Commission may also hold special meeting and joint meetings with the City Council. Committees and sub committees Three members of the Planning Commission serve on the Committee on Trees and Views on an as needed basis and are selected amongst the Commissioners. From time to time the Planning Commission will form a sub -committee of two members of the Commission to discuss a particular topic, which is then brought to the entire Commission for discussion. Planning Functions: State Law mandates many of the regulations that cities must follow and adhere to. The Zoning and Subdivision Code regulations are intended to provide the Planning Commission with the tools in a discretionary process to evaluate applications fordevelopment or lots division. These tools are for the Commission - individually and then collectively - to impart an opinion on to the compatibility of the proposed project in a neighborhood and with the General Plan. In doing so, the Commission may communicate how a less compatible project can be made more compatible and it may deny projects that meet the strict requirements of the Zoning regulations but are out of character with the neighborhood and General Plan. Role and responsibilities of the Planning Commission Pursuant to State Law and local regulations the following are examples of the Planning Commission's •functions: • Implement the general plan through the administration of zoning and subdivision ordinances. • Balance new development with the protection of the surrounding environment. • Review individual projects, such as site plan review, variance, conditional use permit and others for consistency with the general plan and all other applicable city ordinances; hold hearings and act upon discretionary projects. Evaluate the general characteristics (compatibility, mass, bulk, location, height, and open space) of a development, (should be able to read development plans). • Review, hold hearings on and act upon zoning ordinances, maps, and general plan amendments. • Determine findings to justify recommendation for a vote: in favor, against, abstain or recuse. • Recommend development projects and municipal code amendments to the City Council. • Review staff's assessment of conformance with City codes. • Assist in writing, review and revise, as necessary, zoning and subdivision ordinances. • Perform other functions, as required and assigned by the City Council, such as undertaking special planning studies and preparing plans and ordinances in conformance with the state law. • Assist in writing, periodically review, and revise as necessary the general plan. Role and responsibilities of the Planning Staff • Keep up and stay current on new laws and regulations • Prepare reports, does research, provides information to the Planning Commission • Advise the Planning Commission and City Council on the need to revise ordinances or prepare new ordinances • If directed, prepares such ordinances, (w/City Attorney's office input) • Take the ordinances through the public hearing process; first PC and then CC. (Planning Commission reviews and recommends adoption of said ordinances to the City Council by a Resolution. Only those ordinances related to land use are reviewed by the PC) • Respond to pubic inquires regarding rules of development in the City what can/cannot be constructed, the process, how long it takes, etc.. • Provide guidance to applicants regarding their projects, to make their projects work • Review applications for completeness and to assure that meets the zoning code requirements. Research prior requests and City actions and building permit for the property • Take the applications through the public hearing process; notice the public hearing in newspaper and residents w/ in 1000'radius; notice the field trip • Prepare staff report with facts and background information on the project • Prepare resolution of approval/ denial incorporating required findings of why the project was approve/ denied - the state law requires certain findings before a project is approved. Prepare conditions of approval • Monitor the project during construction and responds to complaints, if there are any, from residents regarding the project. If there is a discrepancy between approved plans and what's in the field staff analyzes the issue and takes appropriate action • Monitor drainage issues, storm water management and any discharge of sediments, polluted water from the site, watches over construction methods • Code enforcement (by complaint) • Prepare reports, does research, provides information and assistance to the City Manager, as required • Participate in emergency response in emergencies etre, ej Re11619 qical INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 www.Rolling-Hills.org RESIDENTIAL DEVELOPMENT HIGHLIGHTS NOTE: According to Section 17.24.020 of the Rolling Hills Municipal Code, illegal uses or structures are required to be made conforming or shall be removed. Therefore, you may be required to modify or remove any unauthorized or unlawful use or structure on your property prior to or in conjunction with an application for any development. In addition, any unauthorized construction shall be subject to the retroactive permit process and is subject to higher application fees and penalties. All property in the City of Rolling Hills is subject to the laws and regulations of two governing entities:. THE CITY OF ROLLING HILLS and THE ROLLING HILLS COMMUNITY ASSOCIATION. The duties and obligations of the City and Community Association are totally separate and distinct. Following are some of the highlights of the more important facts from the CITY OF ROLLING HILLS ZONING CODE relating to uses and construction on property in this unique community: SETBACKS: Front yard - 50' from front easement line in RA -S-1 and RA -S-2 Zones Side yards - 20' from property line in RA -S-1 Zone 35' from property line in RA -S-2 Zone Rear yard - 50' from property line in RA -S-1 and RA -S-2 Zones * For corner lots and through lots see Section 17.16.120, 17.16.130 and 17.12.250 * For stables and other animal keeping structures see Section 17.18 * For setbacks on lots of less than 1.25 acres see Section 17.24.045 * For setback requirements in the Overlay Zoning District (OZD-1) see Section 17.17 EASEMENTS All property is subject to perimeter easements varying in width around each property boundary and road easements, granted by the property owner to the Community Association, a corporation, or another person or entity for the purpose of construction and/or maintenance and use of streets, driveways, trails, utilities, drainage facilities, sewers, open space, and / or a combination of these uses. The Community Association requires that all easements must be kept free of buildings, fences, plantings or other obstructions. For questions on easements and trails contact the Community Association. PERMITTED USES IN RA -S-1 AND RA -S-2 ZONES 1. Single family residence with min. 2 -car garage (3 -car garage if there is a guesthouse) 2. Tree, bush, and field crops ACCESSORY USES AND STRUCTURES Not permitted in the front yard, or in any setbacks (see Sections 17.16.140, 17.16.150, 17.16.190, 17.16.200 for conditions and restrictions). The following may be approved over the counter: 1. Barn/Stable /Aviary and similar animal shelters 2. Corral /pen /turnout without grading 3. Greenhouse 4. Gazebo, outdoor barbecue/fireplace/trellis 5. Noncommercial radio antenna 6. Domestic animals (no swine, except up to 2 pot- bellied pigs) • 7. Aggregate of.3 recreational / vehicles /boats / trailers/horse trailers (may be in a driveway but 50' or more from a roadway easement) 8. Solar panel 9. Satellite dish antenna 10. Swimming pool/ spa /jet. pool/water fountain 11. Playhouse and playground equipment 12. Walls 13. Cabana, recreation room, storage room, hobby shop, guest house 14. Accessory dwelling units and jr. accessory dwelling units (Ch. 17.28) 15. Marijuana cultivation of up to 6 plants (indoors only within a max. 100 s.f. area) (Ch. 17.29) CONDITIONAL USE PERMIT (CUP) WITH SINGLE FAMILY RESIDENCE (not permitted in the front yard or in any setback, except for driveway & stable/corral may be 25' from rear property line.) Planning Commission approval and City Council uses and structures requiring a CUP. 1. More than one driveway 2. Cabana, detached rec. room, storage room, hobby shop - over 200 s.f. & max. 800 s.f. (sleeping facilities prohibited) 3. Guesthouse (max. 800 s.f.) 4. Corral /pen over 550 s.f. SITE PLAN REVIEW concurrence of development plans are required for all 5. Stable - over 200 s.f. 6. Detached garage 7. Horseback riding ring over 7,200 s.f. 8. Mixed use structure over 200 s.f. 9. Recreational game court (i.e. tennis court) Planning Commission approval and City Council concurrence of development plans are required for any of the following: 1. Grading 2. Any new building or structure (see exceptions under Accessory Uses and Structures) 3. Expansion, modification, alteration, or repair of any existing residence which (i) constitutes grading; or (ii) increases the size of the structure by more than 999 s.f. in any 36 -month period 4. Lot Line Adjustment 5. Pool/ spa / water features 800 s.f. or greater 6. Walls higher than 3 ft. The Site Plan must minimize grading; preserve terrain and natural drainage courses; be harmonious in scale and mass with the building pad, the natural terrain; and surrounding residences; preserve native vegetation, mature trees, drainage courses, and land forms; and must be convenient and safe for the movement of pedestrians, equestrians and vehicles. BUILDING HEIGHT ROOFING STRUCTURAL LOT COVERAGE TOTAL LOT COVERAGE (includes structures and flatwork) BUILDING PAD COVERAGE BUILDING PAD SIZE MAXIMUM DISTURBED AREA (graded areas and impervious surfaces) STABLE & CORRAL (if not built, area must be set aside for future min. 450 s.f. stable & 550 s.f. for corral) VIEWS GEOLOGY & SOILS UTILf11hS Single story. Class A roof, non -reflective. (Class A material and assembly). 20% of net lot area max. 35% of net lot area max. The Planning Commission has established a guideline of 30% coverage. 12,000 s.f. min: (not in setbacks) 40% of net lot area; 50% if 50% of slopes are 3:1 or less; 60% if all slopes are 3:1 or less in grade Min. 200 s.f. stable (if built). Min. 550 s.f. corral. Vehicular accessway required, which may not be entirely paved (except that the Fire Department may require a paved access) Neighbors are encouraged to work together to preserve views. Required for all construction. Must be placedunderground for all new construction & upgrades REVIEW OF BUILDING PERMITS All construction requires review and approval of the City of Rolling Hills, Community Association and L.A. County Building & Safety or Willdan Engineering. The L.A. County Building and Safety - Lomita Office is at 24320 Narbonne Avenue, Lomita, CA 90717, phone: (310) 534-3760. The Willdan Engineering Office is at 13191 Crossroads Parkway North, #405, Industry, CA 91746, phone: (562) 908-6200. THESE HIGHLIGHTS SHOULD BE READ CAREFULLY AND APPLICANTS ARE ADVISED TO CONSULT THE CITY OF ROLLING HILLS ZONING CODE AVAILABLE AT WWW.ROLLING-HILLS.ORG FOR EXPLANATION OF TERMS AND DETAILED REQUIREMENTS. APPLICANTS SHOULD ALSO CONSULT WITH THE COMMUNITY ASSOCIATION FOR THEIR BUILDING REGULATIONS. Public/ Flyers / Residential Development — Rev. 2018 PLANNING PROCESS GUIDE FOR THE RESIDENTS OF ROLLING HILLS 1. INTRODUCTION This Guide, prepared by the Planning Commission of the City of Rolling Hills, is to provide information and help our residents to understand and implement construction and the permit process in the City. The responsibilities and functions of the City of Rolling Hilts (City) and the Rolling Hills Community Association (Community Association), an independent homeowners association, are noted. The City's development and growth is guided by the General Plan, which consists of several elements, including the Land Use Element. The General Plan is written and updated, with the help of the residents. The City's General Plan takes a strong position on maintaining the rural character of this City. The Rolling Hills General Plan describes our community as follows: • Rural residential community • Low density development • One to five acre parcels • Country atmosphere with three rail fences • One story, ranch style homes • Easement trails • Abundant equestrian facilities • Preservation of native flora and fauna The City's General Plan goal is to maintain Rolling Hills' distinctive rural residential character. 2. THE LAND USE ELEMENT OF THE GENERAL PLAN AND ITS RELATIONSHIP TO OTHER LAND USE CONTROLS The Land Use Element of the General Plan describes official City policy for the location of land uses and their orderly growth and development. It serves as a guide for public officials and citizens to determine the best uses of lands within the City. The Land Use Element provides for the continued residential emphasis of the Rolling Hills community. The General Plan ensures that this growth will take place in a way that promotes compatibility with adjacent properties, preserves the existing rural residential character, and is environmentally sensitive. California State law requires that consistency exist between the General Plan and all other land use plans,policies and programs. In addition, zoning ordinances, specific plans and individual project plans must be consistent with the goals, policies and standards in the General Plan. 3. CONTROLS A11-ECTING LAND DEVELOPMENT IN ROLLING HILLS The California State Constitution gives authority to cities and counties to enact and enforce planning and land use regulations to protect the public health, safety and welfare of the residents. The General Plan is a tool by which comprehensive, community -wide land use policies and goals are set and implemented. It is the constitution for future development within the community, and as such, sits atop the hierarchy of all land use controls. The City's regulation of land development is accomplished by the use of three types of controls: (1) The General Plan through which community goals and development Amended 08/2019 policies are determined; (2) The California Environmental Quality Act (CEQA) through which environmental controls mandate environmental review of planning and permit applications to assure long term protection of the environment; and (3) Zoning and subdivision entitlements through which individual development projects are considered, reviewed and approved or disapproved in accordance with the established General Plan and environmental criteria. The two entities in the City with the authority to implement laws and regulations, adopted by each entity seperately are the CITY OF ROLLING HILLS("City") and THE ROLLING HILLS COMMUNITY ASSOCIATION ("Community Association"). The duties and obligations of the City and the Community Association are totally separate and distinct. Each implements its own rules and regulations as a separate entity. The City's Zoning Ordinance established rules and requirements for development in the City, based on the criteria enumerated in the General Plan. Some of the City's Zoning Code requirements pertaining to land use and development are summarized in a document available from the City on the City's website entitled, "Residential Development Highlights" 4. THE PLANNING COMMISSION The Planning Commission is an official City body that consists of five residents appointed by the City Council. The Planning Commission's functions are stipulated in the California State Planning Law, which includes a requirement that information on and coordinated review of development project applications be conducted. The Commission is required to act on development applications under their purview, as stipulated in the City's Zoning Ordinance. The Commission is advisory to the City Council in other matters, such as subdivision applications and ordinances. The Commission's function is to assure that the proposed use of the land is in compliance with the General Plan and with the Rolling Hills Municipal Code, adopted by the City Council. (The Rolling Hills Community Association Architectural Committee conducts an independent review of the proposed land use to ensure compliance with deed restrictions, easements and building architecture and to ensure that the concept of a rural community has been maintained). Information on development standards and requirements, application procedures, submittal deadlines and schedule is available at City Hall and on City's website. The Planning Commission meets on the 3b Tuesday of each month at 6:30 PM. in the City Council Chambers at 2 Portuguese Bend Road. S. PERMIT PROCESS State law requires every City and County to designate a single administrative entity, usually the planning department, to provide information and coordinate the review of development project applications. The permit process in the City of Rolling Hills involves the City, the Community Association and the County of Los Angeles, and begins with the applicant submitting a preliminary plan for review to both, the City and Community Association. With their approval, after following the steps enumerated below, the plans can be submitted to the County for Plan Check. The City In an over-the-counter conference, the City Planner gives guidance on development requirements and application processing. He/she provides feedback on the proposed development and its consistency with the Zoning Ordinance requirements, and completeness of the plans, if submitted. Several handouts explaining City's development Amended 08/2019 requirements and application processing are available at the City Hall counter. With some exceptions, such as building a small addition where grading is not required, an application for development must be reviewed and approved by the Planning Commission. An application fee is paid to the City to cover the City's cost of processing the application. Testimony from the applicant and the public is taken at a Planning Commission hearing. At the hearing, a field trip is scheduled for the Commission and interested parties to view a silhouette of the proposed project and to take additional public testimony. At a subsequent public meeting, the Planning Commission determines findings that are formulated into a resolution for approval or denial of the proposed development. A resolution for approval contains conditions which govern the development and which the applicant agrees to carry out. The Planning Commission's decision in a form of a resolution is sent to the City Council. The City Council may receive and file the resolution, request a review thereof, or if an appeal is filed, hear the appeal. Anyone disagreeing with the Commission's decision to approve or deny the application may appeal the decision to the City Council. In a case of an appeal, the Planning Commission's decision is stayed until the City Council completes its public hearing process. Once the approval is granted and the public hearing process is completed, the applicant submits preliminary plans for Plan Check, which is conducted by the Los Angeles County. Both the City and Community Association must approve preliminary plans before a Plan Check may be conducted. The Community Association The permit process begins by submitting over-the-counter plot plan and elevations to determine completeness for submission to the Architectural Committee. An Association fee for the review is paid at the same time. The Architectural Committee holds a meeting pertaining to the case. At the meeting, the Architectural Committee, using Association's Building Regulations studies and evaluates the proposed development to assure conformance with the rural character of the community. Deed restrictions and easements are reviewed as well. Following the Architectural Committee approval, the applicant submits for Plan Check as stated above. Approval by the City of any development plan or particular elements of a plan does not constitute approval by the Community Association , and vice versa. The permit process, purview of review and jurisdiction of the City and the Association are separate. Please consult the City, Community Association and the County on fee structure. Los Angeles County Two sets of plot plans, elevations, drainage and engineering calculations are submitted to the Los Angeles County Department of Public Works, Building and Safety Division, located at 24320 Narbonne Avenue, Lomita, CA. Building Officials assess the completeness of the plan at the counter. The applicant pays plan check fee. The fee is based on the valuation of the improvements. The applicant can provide his/her own valuation or the County's official will estimate the cost of the improvement for the applicant. This valuation is used in assessing additional property taxes for your property, once he project is completed As part of the plan check, if the Plan Checker determines the plans are incomplete and/or that other documents are needed, the Plan Checker will issue a list of corrections. Particular attention is paid to engineering aspects of hillside construction, drainage, type of soil, proposed roofing materials, and to structural compliance of the development with Amended 08/2019 City's and County's codes. The county may require that soil, hydrology and geological reports sare ubmitted. Other studies may be required as well. When satisfactory compliance is reached, the plan is approved and a Building Permit is issued. A building permit fee is paid to cover inspections during key phases of the development. 6. PRACTICAL POINTS AND TIPS TO FACILITATE YOUR PROJECT • Schedule a separate pre -application meeting with the City Planner and the RHCA Manager to discuss your project. • Obtain all of the necessary forms and information pertaining to allowed development/improvements. This information can be obtained from the City, for City requirements, and from the RHCA for the Association's requirements. • Do not begin any project without City's and RHCA's permission or grading without a grading permit. • Any man-made alterations or changes to the "natural grade" or ground surface in its natural state is considered "grading". The City of Rolling Hills Building Code requires that a grading permit be obtained for any cut or fill of the soil exceeding 3 feet in depth or 3 feet in height covering more than 2,000 square feet of the existing ground surface area. All soils must be balanced on site. No exportation or importation of soil to or from any lot in the City shall be permitted, unless approved by the City under certain conditions. • An engineer or architect who understand hillside construction and constraints could move the project along more expeditiously than someone without that experience or knowledge. • Begin construction of your project only after obtaining City's, RHCA's, and County's approvals and building and/or grading permits. • Begin construction of your project within two years of receiving permission from the City. • Build according to approved plans and note that all architectural exterior changes require Architectural committee approval. • Contact Planning Staff immediately, if changes from the approved plans are anticipated . • Contact Planning Staff immediately to facilitate rectification of erosion or hillside slippage. • Any contractor or subcontractor entering the City of Rolling Hills must first obtain permission from the RHCA to enter and work in the City. Concrete trucks may enter only at the Main Gate. Workers will be delayed until and unless they have Community Association permits. • Construction and Demolition permit from the City is required to ascertain that 65% of construction material and debris are being recycled and not taken to a landfill. • Stay on good terms with your neighbors and inform them in advance of your proposed development. • The City has many useful guides, reference materials, documents and resources on how to hire a contractor, how to get your project approved, the General Plan, Building Code regulations, Zoning Code regulations, grading guide and other material that my help you in expediting and implementing your project. • The RHCA has various historical information on the City and its development as well as their Building Regulations and other useful material. 7. DIRECTORY Amended 08/2019 City of Rolling Hills Planning Department 2 Portuguese Bend Road, Rolling Hills, CA 90274 Rolling Hills Community Association 1 Portuguese Bend Road, Rolling Hills, CA 90274 Los Angeles County Building and Safety: Plan Check 24320 Narbonne Avenue, Lomita CA 90717 Los Angeles County Geology Soils, and Drainage 900 S. Fremont Avenue, Alhambra, CA 91803 City of Rolling Hills Website: www. Rolling-Hills.org 8. WHO TO ASK* Accessory uses & structures Bridle Trails Building permits Development application process Development standards Drainage Easements Exterior appearance/architectural Fence design & location Geology and soils Grading Landscaping Mod./repair/alteration of structures Native flora and fauna New buildings and structures Paint Roofing Street maintenance Traffic & road signage Vegetation & views Zoning regulations C A A,C,L A,C,L A,C L A C C L C,L A,C A,C C A,C A A,C A A A,C C *C = CITY A = COMMUNITY ASSOCIATION (310) 377-1521 (310) 544-6222 (310) 534-3760 (626) 458-4923 L = LA COUNTY Amended 08/2019 1.7 INNINEN MI NN (1) NNW 0 t ag 0 m '-s CITY OF ROLLING HILLS PLANNING COMMISSION PUBLIC HEARING PROCEDURE Chair: States purpose of hearing, explains how the hearing will be conducted, and opens hearing. Requests Members to place on the record any Aex parte disclosures.@ Requests Staff Report. Staff: Chair: Public: Presents Staff Report. Requests Members to ask any questions they may have of Staff regarding Staff Report Requests public testimony. Testimony is received. Applicant should go first and should be given time for rebuttal at the end. Chair should instruct those persons testifying that all comments and questions be. directed to the Chair and not to the audience. No dialogues should be permitted. Questions by Commissioners of persons in the audience should be asked before the hearing is closed, preferably when the person is testifying. Comments by Commissioners should be reserved until all testimony is taken and the public portion of the hearing is closed. The Chair may set a time limit for comments by each person testifying and should enforce it even-handedly. Commission: Commission deliberates. Commissioners may ask questions of the applicant or others, but the questions should either seek strictly factual information or ascertain if the applicant will accept certain conditions or changes to the project; this should not be an opportunity for the applicant or the public to re -argue their position. Chair: When deliberation is concluded, the Chair should close the public hearing and entertain a motion and a second. If a resolution is not provided, the motion should direct staff to return with a resolution at the next meeting. Commission: A vote is taken on the motion. Chair: Announces the outcome of the vote. SAMPLE PUBLIC HEARING SCRIPT "This is the time and place for a public hearing to consider [describe matter]. Once we hear a report from our staff, we will open the hearing for public participation. The applicant will be permitted to speak first, and will be allowed a brief rebuttal after all of the other public testimony. All other speakers will be allowed to speak only once, so please be sure to say everything that you have to say when it comes your turn to speak." "First, do Commissioners have any ex parte disclosures to make?" (Commissioners state any evidence they may have received outside the hearing relating to this matter). "Planning Director, please present your Staff Report." "Does any Commissioner have any questions of staff on this matter?" "We will now open this hearing to the public and listen to public testimony. All questions and comments on this matter should be directed to the Commission, not the audience. Questions will be answered by staff at the close of public testimony. Remember, this will be your only opportunity to comment on this matter tonight." (Chair may accord the applicant more time than is accorded to other speakers. Speakers other than the applicant should be given equal time, but may not yield time to others. Chair and Commissioners should be certain not to demonstrate any favoritism by their manner or speech to any persons involved in the proceeding. If the audience applauds or is boisterous, Chair should caution that this is a business meeting and that those expressions of enthusiasm have no place in a meeting and have no influence on the decisionmaking process. Members of the audience may not make points of information or points of order because they are not members of the legislative body). "Applicant, please make your presentation at this time." "Would anyone else in the audience like to offer testimony on this matter?" ."Applicant, do you wish to offer a rebuttal before the public portion of this hearing is closed?" "Do any Commissioners have further questions of the applicant or any of the speakers before the public comment portion of the hearing is closed?" (Limit these to factual inquiries, rather than expressions of opinion). "Would staff please answer questions raised by the public?" (Staff answers all questions, if any, asked by public during the course of the hearing. If further research is required to answer a question, staff may need to defer to a future meeting). "The public testimony portion of the hearing is now closed." "It is now time for Commission deliberation and discussion." (Commission deliberates and may ask questions of staff, and if necessary, of the applicant). "The chair will now entertain a motion." (If there is no resolution for final action in the Commission's agenda packet, the motion should be to direct staff to return with a resolution of approval/denial). Chair announces the outcome of the vote: "The motion passes on a 5-0 vote, meaning that staff will return at our next meeting with a resolution approving the project." Planning Commissioner's Glossary The terms in this glossary are adapted from the glossaries contained the previous edition of the Planning Commissioner's Handbook (2000), the Planners Pocket Guide (1992), the Municipal Revenue Sources Handbook (2001) and the General Plan Guidelines (published by the Governor's Office of Planning and Research, 2003). Any errors are the responsibility of the League of California Cities. Abandonment. A cessation of the use of the property by the owner without intent to transfer the property to another or resume the use of the property. Abatement. Reducing or eliminating the degree or intensity of a nuisance or other property -related problem, usually used in connection with zoning code or environmental program enforcement. Abutting. Having property or zone district boundaries in common; for example, two lots are abutting if they have property lines in common. Access. A way of approaching or entering a property. Access includes ingress, the right to enter, and egress, the right to leave. In zoning and subdivision regulations, recorded lots are required to have direct access to a public street or highway or to a private street meeting public standards. This guarantees entry by owners and emergency vehicles. Accessory Building Or Use. An activity or structure on a property that is incidental and subordinate to the main use of a site. Acre Foot. A volume of water one foot deep covering one acre; approximately 326,000 gallons. One acre-foot of water is enough to meet the needs of two typical families for a year. Ad Valorem Tax. A tax assessed based on the dollar value of an item or activity. Typical examples are property and sales taxes. Ad valorem taxes contrast with per -unit taxes, such as alcoholic beverage and cigarette taxes, which are assessed at a fixed dollar per unit purchased. See EXCISE TAX, PARCEL TAX, TAX. Adaptive Reuse. Converting obsolete or historic buildings from their original or most recent use to a new use. For example, an old manufacturing site could be converted into apartments or retail space. Affordable Housing. Housing that is economically feasible for persons whose income level is categorized as very low, low, or moderate within standards set by the California Department of Housing and Community Development or the U.S. Department of Housing and Urban Development. Agenda. A document that specifies what will be discussed at a local agency meeting. Agendas contain a brief, general description of each item the governing body will be addressing. Members of the public may request that an agenda be mailed to them. Local agencies generally cannot discuss and make decisions on items that are not on the agenda. See California Government Code section 54950. Agricultural Preserve. Land designated for agriculture. See WILLIAMSON ACT. Air Rights. The right granted by a property owner to a buyer to use space above an existing right-of-way or other site, usually for development. Ambient. Surrounding on all sides; used to describe measurements of existing conditions with respect to traffic, noise, air and other environments. Amortization. The process by which nonconforming uses and structures must be discontinued or made to conform to requirements of the current zoning ordinance at the end of a specified period of time. Anchor Tenant. The major store or stores within a shopping center. 119 planning Commissioner's Handbook Annexation. Incorporating a land area into an existing district or municipality, with a resulting change in the boundaries of the annexing jurisdiction. See DETACHMENT. Appeal. When a person believes a decision was made in error, an appeal may be filed so that a higher decision -making body can review the case. Approach Zone. The air space at each end of a landing strip that defines the glide path or approach path of aircraft as they land. See CLEAR ZONE, OUTER APPROACH ZONE, TRANSITION ZONE. Appropriation. A legal authorization granted by the governing body to expend monies, and incur obligations for specific purposes. See EXPENDITURE. Aquifer. An underground, water -bearing layer of earth, porous rock, sand, or gravel, through which water can seep or be held in natural storage. Aquifers generally hold sufficient water to be used as a water supply. See GROUNDWATER. Arable. Land capable of being cultivated for farming. Architectural Control; Architectural Review. Regulations and procedures requiring the exterior design of structures to be suitable, harmonious, and in keeping with the general appearance, historic character, and/or style of surrounding areas. A process used to exercise control over the design of buildings and their settings. See DESIGN REVIEW. Arterial. A roadway that provides intra-community travel and access to the countywide highway system, characterized by medium -speed (30-40 mph) and medium -capacity (10,000- 35,000 average daily trips). Access to community arterials should be provided at collector roads and local streets, but direct access from parcels to existing arterials is common. See COLLECTOR, STREETS, TRIP. Assessed Valuation. The value at which property is appraised for tax purposes. See PROPERTY TAX. Assessment District. See BENEFIT ASSESSMENT DISTRICT. Assisted Housing. Generally multifamily rental housing, but sometimes single-family ownership units, whose construction, financing, sales prices, or rents have been subsidized by federal, state, or local housing programs. Attainment. Compliance with state and federal ambient air quality standards within an air basin. See NON -ATTAINMENT. Base Flood. In any given year, a 100 -year flood that has a one percent likelihood of occurring, and is recognized as a standard for acceptable risk. See FLOOD, 100 -YEAR. Below -market rate (BMR). (1) Any housing unit specifically priced to be sold or rented to low- or moderate -income households for an amount less than the fair -market value of League of California Cities 6N -N OILVN the unit. Both the State of California and the U.S. Department of Housing and Urban Development set standards for determining which households qualify as "low-income" or "moderate -income." (2) The financing of housing at less than prevailing interest rates. Benefit Assessment Bonds. Bonds levied by cities, counties and special districts to acquire or construct public improvements that convey a special benefit to a defined group of properties. Benefit Assessment District. A defined area that receives a special benefit from the construction of one or more public facilities. A Benefit Assessment District is a financing mechanism for providing public infrastructure as allowed under various statutes. Bonds may be issued to finance the improvements, subject to repayment by assessments charged against the benefiting properties. Creation of a Benefit Assessment District enables property owners in a specific area to cause the construction of public facilities or to maintain them (for example, a downtown, or the grounds and landscaping of a specific area) by contributing their fair share of the construction or installation and operating costs. Benefit Assessment. Charges levied on parcels to pay for public improvements or services provided within a pre- determined district or area according to the benefit the parcel receives from the improvement or services. Berm. A mound of earth usually 2 to 6 feet high designed to shield and buffer uses like parking areas. Also used to minimize water run-off. Bicycle Lanes, Paths and Routes; Bikeways. A bicycle lane is a corridor expressly reserved for bicycles, existing on a street or roadway in addition to any lanes for use by motorized vehicles. A path is a paved route not on a street or roadway and expressly reserved for bicycles traversing an otherwise unpaved area. Bicycle paths may parallel roads but typically are separated from them by landscaping. A bicycle route is a facility shared with motorists and identified only by signs, a bicycle route has no pavement markings or lane stripes. The term bikeways encompasses bicycle lanes, bicycle paths, and bicycle routes. Biotic Community. A group of living organisms characterized by a distinctive combination of both animal and plant species in a particular habitat. Blight. A condition of a site, structure, or area that may cause nearby buildings and/or areas to decline in attractiveness and/or utility. The Community Redevelopment Law contains a definition of blight used to determine eligibility of proposed redevelopment project areas. See California Health and Safety Code sections 33031 and 33032. d *� P`• • League of California Cities Glossary Bond. A certificate of debt issued by an entity, guaranteeing payment of the original investment, plus interest, by a specified future date. See DEBT INSTRUMENT. Brown Act. The California's open meeting law for local agencies. The Brown Act imposes certain requirements for agendas, public comments, and other aspects of public meetings. See California Government Code sections 54950 and following. Brownfield. An area with abandoned, idle, or under -used industrial and commercial facilities where expansion, redevelopment, or reuse is complicated by real or perceived environmental contamination. Buffer Zone. A strip of land zoned to separate incompatible land uses. Where a commercial district abuts a residential district, for example, additional use, yard, or height restrictions may be imposed to protect residential properties. The term may also be used to describe any zone that separates two unlike zones like a multifamily housing zone between single-family housing and commercial uses. Building Code. Standardsadopted by the state governing the construction, alteration, demolition, occupancy, or other use of buildings used for human habitation. The state regulations are substantially the same as those contained in the most recent editions of the Uniform Building Code, Uniform Housing Code, Uniform Plumbing Code, Uniform Mechanical Code and the National Electric Code. Local governments may have stricter standards under certain circumstances. See California Health and Safety Code sections 17921-17922. See also UNIFORM BUILDING CODE, UNIFORM HOUSING CODE. Building Coverage. The amount of a lot that is covered by buildings, usually expressed as a percentage. Building Envelope. The space remaining on a site for structures after all building setback, height limit, and bulk requirements have been met. Building Official. The person responsible for the administration and enforcement of the building, housing, plumbing, electrical and related codes. Build -out. Development of land to its full potential or theoretical capacity as permitted under current or proposed planning or zoning designations. See CARRYING CAPACITY. Busway. A vehicular right-of-way reserved exclusively for buses. California Environmental Quality Act (CEQA). A state law requiring state and local agencies to regulate activities with consideration for environmental protection. If a proposed activity has the potential for a significant adverse environmental impact, an Environmental Impact Report (EIR) must be prepared and certified as to its adequacy before taking action on the proposed project. See ENVIRONMENTAL IMPACT REPORT. Caltrans. California Department of Transportation. Capital Improvements Program (CIP). A program established by a city or county government and reviewed by its planning commission, which schedules permanent improvements, usually for a minimum of five years in the future, to fit the projected fiscal capability of the local jurisdiction. The program generally is reviewed annually, for conformance to and consistency with the general plan. Capital Outlay. Expenditures which result in the acquisition of, or addition to fixed assets. See DEBT FINANCING, PAY As You Go, PAY As You USE. Carrying Capacity. Used in determining the potential of an area to absorb development. (1) The level of land use, human activity, or development for a specific area that can be accommodated permanently without an irreversible change in the quality of air, water, land, or plant and animal habitats. (2) The upper limits of development beyond which the quality of human life, health, welfare, safety, or community character within an area will be impaired. (3) The maximum level of development allowable under current zoning. See BUILD -OUT. Census. The nationwide population count conducted every 10 years by the U.S. Census Bureau. Census Tract. Small portions of populated areas in which data is collected for statistical purposes during a census. Central Business District (CBD). The major commercial downtown center of a community. General guidelines for delineating a downtown area are defined by the U.S. Census of Retail Trade, with specific boundaries being set by the local municipality. Certificate of Compliance. (1) Sometimes used synonymously with Certificate of Occupancy. (2) Also refers to a certificate issued under the Subdivision Map Act when a division of property is in compliance with the Map Act and local subdivision ordinances. (3) Less commonly, may also refer to an enforcement device used to inform others (like a potential purchaser) that a property does not comply with local codes and details what must be changed to bring the property back into compliance. Certificate of Occupancy. An official certification that a building or place conforms to the provisions of the zoning and building codes, and therefore may be used or occupied. Permits are necessary for new construction and alterations to existing structures. A structure cannot be occupied without a certificate of occupancy. 121 COMMUNITY DESIGN LEGAL ISSUES FISCAL ISSUES & APPLICATION REVIEW Planning Commissioner's Handbook League of Calif; 122 Channelization. (1) The straightening and/or deepening of a watercourse for purposes of storm -runoff control or ease of navigation. Channelization often includes lining of stream banks with a retaining material like concrete. (2) At the intersection of roadways, the directional separation of traffic lanes through the use of curbs or raised islands that limit the paths that vehicles may take through the intersection. Charter City. A city that is incorporated under its own charter rather than the general laws of the state. Charter cities have broader powers than do general law cities in matters that are "municipal affairs" (as opposed to matters of "statewide concern"). Clear Zone. That section of an approach zone of an airport where the plane defining the glide path is 50 feet or less above the centerline of the runway. The clear zone ends where the height of the glide path above ground level is above 50 feet. Land use under the clear zone is restricted. See APPROACH ZONE, OUTER APPROACH ZONE, TRANSITION ZONE. Clustered Development. Development in which a number of dwelling units are placed in doser proximity than usual, or are attached, with the purpose of retaining an open -space area. Collector. A street that provides circulation within and between neighborhoods, characterized by relatively low speed (25-30 mph) and low volume (5,000-20,000 average daily trips). Collectors usually serve short trips and are intended for collecting trips from local streets and distributing them to the arterial network. See ARTERIAL. Conunon Open Space. Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use of the residents of the development. Community Care Facility. Housing for the elderly licensed by the California Department of Social Services, typically for residents who are frail and need supervision. Services normally include three meals daily, housekeeping, security and emergency response, a full activities program, supervision in the dispensing of medicine, personal services like assistance in grooming and bathing, but no nursing care. Sometimes referred to as residential care or personal care. Community Development Block Grant (CDBG). A grant program administered by the U.S. Department of Housing and Urban Development on a formula basis for entitlement communities and by the California Department of Housing and Community Development for non -entitlement jurisdictions. This grant allots money to cities and counties for housing rehabilitation and community development, including public facilities and economic development. Community Facilities District. Under the Mello -Roos Community Facilities Act of 1982 (California Government Code sections 53311 and following), a legislative boct create within its jurisdiction a special tax district that finance tax-exempt bonds for the planning, design, acquisition, construction, and/or operation of public as well as public services for district residents. Special levied solely within the district are used to repay the 1 See Maw -Roos Boi' ns. Community Noise Equivalent Level (CNEL). A 24 -hi energy equivalent level derived from a variety of singl events, with weighting factors of 5 and 10 dBA applie evening (7 p.m. to 10 p.m.) and nighttime (10 p.m. to periods to allow for greater sensitivity to noise during hours. See DAY -NIGHT AVERAGE SOUND LEVEL, DBA, DE Community Park. Land with full public access intend provide recreation opportunities beyond those supplii neighborhood parks. Community parks are larger in than neighborhood parks but smaller than regional p; NEIGHBORHOOD PARK, REGIONAL PARK. Community Redevelopment Agency (CRA). A local a created under California Redevelopment Law (Califor Health and Safety Code sections 33000 and following) local legislative body that has been elected to exercise 1 powers granted to such an agency, for the purpose of planning, developing, re -planning, redesigning, clearir reconstructing, and/or rehabilitating all or part of a sp area with residential, commercial, industrial, and/or pi (including recreational) structures and facilities. The redevelopment agency's plans must be compatible wit] adopted community general plans. Community Service District (CSD). A geographic sut a city or county used for the planning and delivery of recreation, and other human services based on an asse of the service needs of the population in that sub -area is a taxation district with independent administration. Compatibility. The characteristics of different uses or activities that permit them to be located near each oth harmony and without conflict. The designation of pen and conditionally permitted uses in a zoning district is intended to achieve compatibility. Some elements affec compatibility include intensity of occupancy as measul dwelling units per acre; pedestrian or vehicular traffic generated; volume of goods handled; and environment effects like noise, vibration, glare, air pollution, or radi; Concurrency. Installation and operation of facilities ar services needed to meet the demands of new developm simultaneous with the development. See GROWTH MANAGEMENT, CONGESTION MANAGEMENT PLAN. Condemnation. The exercise by a public agency of the eminent domain. See EMINENT DOMAIN, TAKING. League of California Cities Glossary Conditional Use. A use that may locate within a zone only upon taking measures to address issues that may make the use detrimental to the public health, safety and welfare and will not impair the integrity and character of the zoned district. See CONDITIONAL USE PERMIT, PERMITTED USE. Conditional Use Permit (CUP). A discretionary permit issued by a hearing body to allow a conditional use that may or may not be allowable under the zoning code. The hearing body either approves the permit, subject to conditions, or denies such use for cause. Each application is considered on its individual merits. Condominium. A structure of two or more units, the interior spaces of which are individually owned; the balance of the property (both land and building) is owned in common by the owners of the individual units. Congestion Management Plan (CMP). A mechanism employing growth management techniques, including traffic level of service (LOS) requirements, standards for public transit, trip reduction programs, and capital improvement programs for the purpose of controlling and/or reducing the cumulative regional traffic impacts of development. See CONCURRENCY, GROWTH MANAGEMENT, LEVEL OF SERVICE (TRAFFIC). Conservation Easement. A partial interest in land that severs the right to develop the land from its basic use, like low - density uses, open space or agriculture. The right to develop the land is usually held by a land trust or other entity that monitors the land and enforces the terms of the easement. The underlying owner of the land can continue to use the land according to the terms of the easement. See EASEMENT. Consumer Price Index (CPI). A statistical description of price levels provided by the U. S. Department of Labor. The change in this index from year to year is used to measure the cost of living and economic inflation. Cooperative. A group of dwellings or an apartment building that is jointly owned by the residents, the common ownership including the open space and all other parts of the property. The purchase of stock entitles the buyer to sole occupancy but not the individual ownership of a specified unit. Council of Governments. (COG). A Regional planning agency. A COG board is made up of representative elected officials from the cities and counties within the region. Primary functions include determining how the regional housing needs assessment numbers will be distributed between communities within the region and where certain transportation investments will be made. See REGIONAL HOUSING NEEDS PLAN. Covenant. A private legal' restriction that places a burden on a parcel of land in favor of another parcel. The restriction is recorded in the deed. Covenants are most commonly used in the establishment of a subdivision to restrict the use of all individual lots in the development to a certain type of use (like single-family units), but may also be used to guarantee views and solar access. Covenants, Conditions, and Restrictions (CC&Rs). A term used to describe restrictive limitations —usually recorded as covenants —that may be placed on property and its use, and which usually are made a condition of holding title or lease. They are intended to preserve the physical nature and character of the development. Critical Facility. Facilities housing or serving many people, that are necessary in the event of an earthquake or flood, like hospitals, fire, police, and emergency service facilities, utility "lifeline" facilities, like water, electricity, and gas supply, sewage disposal, and communications and transportation facilities. Cut -de -sac. A short street or alley with only a single means of ingress and egress at one end and with a large turnaround at its other end. Cumulative Impact. As used in the California Environmental Quality Act, the total impact resulting from the accumulated impacts of individual projects or programs over time. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Curb Cut. A ramp opening in a curb where vehicles or wheel chairs may enter or leave the roadway. The transition area between the curb and the ramp curb is called the "curb return." Day -Night Average Sound Level (Ldn). The A -weighted average sound level for a given area (measured in decibels) during a 24 -hour period with a 10 dB weighting applied to night-time sound levels. The Ldn is approximately numerically equal to the Community Noise Equivalent Level for most environmental settings. See COMMUNITY NOISE EQUIVALENT LEVEL. dBA. The "A -weighted" scale for measuring sound in decibels; weighs or reduces the effects of low and high frequencies in order to simulate human hearing. Every increase of 10 dBA doubles the perceived loudness though the noise is actually ten times more intense. Debt Financing. Issuance of bonds and other debt instruments to finance municipal improvements and services. Debt Instrument. Written pledge to repay debt such as bills, notes and bonds. See BOND. Debt Service. Payment of principal and interest on long-term indebtedness. Decibel (dB). A unit of sound pressure (abbreviated as dB) that is used to express noise level. The reference level is a sound pressure of 20 micro newtons per square meter. Zero decibels, the starting point of the scale, is about the level of the 123 Planning Commissioner's Handbook League of California Cities 124 weakest sound that can be heard by someone with very good hearing in an extremely quiet location. Typical examples of noise levels would be 50 decibels in an average residence; 90 decibels for someone standing 20 feet from a subway train; and 120 decibels if standing 200 feet from a jet. Dedication. Property that is transferred from an owner to a public agency to be used for roads, parks, school sites or other public uses. Dedication requirements are often imposed as a condition of a tentative map, parcel map or as a condition of development. See CONDITIONAL USE, IN -LIEU FEE, PARCEL MAP, TENTATIVE SUBDIVISION MAP. Deed Restriction. A private legal restriction on the use of land recorded in the deed. The restriction burdens or limits the use of the property in some way. See COVENANT, EASEMENT. Defensible Space. (1) In firefighting and prevention, a 30 -foot area of non-combustible surfaces separating urban and wild land areas. (2) In urban areas, open -spaces, entry points, and pathways configured to provide maximum opportunities to rightful users and/or residents to defend themselves against intruders and criminal activity. Deficiency Plan. An action program for improving or preventing the deterioration of level of service on the Congestion Management Agency street and highway network. See CONGESTION MANAGEMENT PLAN, LEVEL OF SERVICE (TRAFFIC). Density Bonus. The allocation of development rights that allows a parcel to accommodate additional square footage or additional residential units beyond the maximum for which the parcel is zoned. A housing development that provides 20 percent of its units for lower -income households, ten percent of its units for very -low income households, or 50 percent of its units for seniors is entitled to a density bonus and other concessions. See California Government Code section 65915. Density Transfer. A way of retaining open space by concentrating densities —usually m compact areas adjacent to existing urbanization and utilities —while leaving unchanged historic, sensitive, or hazardous areas. In some jurisdictions, for example, developers can buy development rights of properties targeted for public open space and transfer the additional density to the base number of units permitted in the zone in which they propose to develop. See TRANSFER OF DEVELOPMENT RIGHTS. Density. The average number of families, persons, housing units, jobs or other use per unit of land; usually density is expressed "per acre." Densities specified in the general plan may be expressed in units per gross acre or per net developable acre. Thus, the density of a development of 300 units occupying 40 acres is 7.5 units per acre. Gross density includes the area necessary for streets, schools and parks. Net density does not include land area for public facilities. Design Review; Design Control. The comprehensive evaluation of a development and its impact on neighboring properties and the community as a whole, from the standpoint of site and landscape design, architecture, materials, colors, lighting, and signs, in accordance with a set of adopted criteria and standards. "Design Control" requires that certain specific things be done and that other things not be done. Design Control language is most often found within a zoning ordinance. "Design Review" usually refers to a system set up outside of the zoning ordinance, whereby projects are reviewed against certain standards and criteria by a specially established design review board or committee. See ARCHITECTURAL CONTROL. Detachment. Withdrawal of territory from a special district or city; the reverse of annexation. See ANNEXATION. Detention Dam. Detention dams are constructed to retard flood runoff and minimize the effect of sudden floods. Detention dams fall into two main types. In one type, the water is temporarily stored and released through an outlet structure at a rate that will not exceed the carrying capacity of the channel downstream. Often, the basins are planted with grass and used for open space or recreation in periods of dry weather. The other type, most often called a retention pond, allows for water to be held as long as possible and may or may not allow for the controlled release of water. In some cases, the water is allowed to seep into the permeable banks or gravel strata in the foundation. This latter type is sometimes called a water -spreading dam or dike because its main purpose is to recharge the underground water supply. Detention dams are also constructed to trap sediment. These are often called debris dams. See STORMWATER DETENTION. Developable Land. Land that is suitable as a location for structures and that can be developed free of significant impact on natural resource areas. Development Agreement. A legislatively approved contract between a jurisdiction and a person having legal or equitable interest in real property within the jurisdiction that "freezes" certain rules, regulations, and policies applicable to development of a property for a specified period of time, usually in exchange for certain concessions by the owner. See California Government Code section 65865. Development Fees. This is a fee or charge imposed on developers to pay for the costs to the community of providing services to a new development. It is a means of providing a fund for financing new public improvements without resorting to deficit financing. Discretionary Project. Under the California Environmental Quality Act and generally, an activity which requires the public agency to exercise judgment in deciding whether or not to League of California Cities Glossary approve or deny a project, as opposed to an administrative action. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Documentary Transfer Tax. Also called Real Property Transfer Tax, this tax is imposed on the transfer of ownership in real estate at a rate of $0.55 per $500.00 of property value. Down -Zoning. A change in the zoning classifications of land to a classification permitting development that is less intensive or dense, like from multifamily residential to single-family residential or from commercial to residential. A change of zoning in the opposite direction is referred to as up -zoning. See ZONING. Due Process (of Law). A requirement that legal proceedings be conducted fairly. Such protections may include, depending on the proceeding, the right to be heard, the right to rebut evidence, that sufficient evidence is presented to reach an informed option, and that conflicts of interest have been avoided. Earmarked funds. Funds that have been tagged or "earmarked" for a specific purpose. See GENERAL FUND. Easement. Usually the right to use property owned by another for specific purposes or to gain access to another property. For example, utility companies often have easements on the private property of individuals to be able to install and maintain utility facilities. Effluent. A discharge of pollutants, with or without treatment, into the environment. Emergency Shelter. A facility that provides immediate short- term housing and supplemental services for the homeless. Shelters come in many sizes, but an optimum size is considered to be 20 to 40 beds. Supplemental services may include food, counseling, and access to other social programs. See TRANSITIONAL HOUSING. Eminent Domain. The right of a public entity to acquire private property for public use upon the payment of just compensation. See TAKING. Emission Standard. The maximum amount of pollutant that can legally discharged from a single source, either mobile or stationary. Encroachment. Any obstruction or protrusion into a right of way or adjacent property, whether on the land or above it. Encumbrance. An anticipated expenditure committed for the payment of goods and services not yet received or paid for. Endangered Species. Animal or plant species designated as endangered under federal or state law, whose prospects for survival and reproduction are in immediate jeopardy from one or more causes. See HABITAT CONSERVATION PLAN. Environment. Under the California Environmental Quality Act, "the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance." See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Environmental Impact Report (EIR). A report required pursuant to the California Environmental Quality Act that assesses all the environmental characteristics of an area, determines what effects or impacts will result if the area is altered or disturbed by a proposed action, and identifies alternatives or other measures to avoid or reduce those impacts. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, INITIAL STUDY. Environmental Impact Statement (EIS). Under the National Environmental Policy Act, a statement on the effect of development proposals and other major actions that significantly affect the environment. See NATIONAL ENVIRONMENTAL POLICY ACT. Environmental Justice. The fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. See California Government Code section 65040.12. Erosion. (1) The loosening and transportation of rock and soil debris by wind, rain, or running water. (2) The gradual wearing away of the upper layers of earth. Exaction. A contribution or payment required as an authorized precondition for receiving a development permit; usually refers to mandatory dedication (or fee in lieu of dedication) requirements found in many subdivision regulations. See DEDICATION, IN -LIEU FEE. Excise Tax. Tax placed on a person for a voluntary act, making the tax avoidable. Includes sales and use tax, business license tax, transient occupancy tax, utility users tax, etc. Phrase "excise tax" is most commonly used to refer to a parcel tax. See AD VALOREM TAX, PARCEL TAX, TRANSIENT OCCUPANCY TAX, UTILITY USERS TAX. Expansive Soils. Soils that swell when they absorb water and shrink as they dry. Expenditure. The actual payment for goods and services. See APPROPRIATION. Expressway. A divided multi -lane major arterial street for through traffic with partial control of access and with grade separations at major intersections. See ARTERIAL, FREEWAY, PARKWAY. Exurban Area. The region that lies beyond a city and its suburbs. 125 Planning Commissioner's Handbook League of California Cit Fair Market Rent. Amount of rent, including utility allowances, determined by the U.S. Department of Housing and Urban Development for purposes of administering the Section 8 Existing Housing Program. See SECTION 8 RENTAL ASSISTANCE PROGRAM. Family. (1) Two or more persons related by birth, marriage, or adoption (U.S. Bureau of the Census). (2) An individual or a group of persons living together who constitute a bona fide single-family housekeeping unit in a dwelling unit, not including a fraternity, sorority, club, or other group of persons occupying a hotel, lodging house or institution of any kind (California). See HOUSEHOLD. Farmers Home Administration (FmHA). A federal agency that provides loans and grants for improvement projects and low-income housing. Fault. A fracture in the earth's crust forming a boundary between rock masses that have shifted. Feasible. Capable of being accomplished in a successful manner within a reasonable time taking into account economic, environmental, social, and technological factors. Fee Interest. Entitles a landowner to exercise complete control over use of land, subject only to government land use regulations. Fees. Also known as monetary exactions, fees require project proponents to pay certain amounts in order to have their applications processed (the fees reimburse the agency for the expenses of processing the application). Fees also may be assessed to mitigate the impact of a proposed development on the community (for example, school facilities fees to help expand the schools to assure they have enough capacity for the demand created by a new housing development). State law closely regulates the adoption, levy, collection and challenge to development fees imposed by a local public agency. It applies to both fees imposed on a broad class of projects by legislation of general applicability and fees imposed on a project -specific basis. See EXACTION, IMPACT FEE. Field Act. Legislation, passed after a 1933 Long Beach earthquake that collapsed a school, that established more stringent structural requirements and standards for construction of schools than for other buildings. See California Education Code sections 17280; 81130 and following. Final Subdivision Map. A map of an approved subdivision filed in the county recorder's office. It usually shows surveyed lot lines, street right-of-ways, easements; monuments, and distances, angles, and bearings, pertaining to the exact dimensions of all parcels, street lines and so forth. See TENTATIVE SUBDIVISION MAP, PARCEL MAP. Finding. A determination or conclusion based on the eviden presented to a hearing body in support of its decision. When presents its decision, the body is often required to demonstra in writing that the facts presented in evidence support its decision in conformance with the law. Fire Hazard Zone. An area where, due to slope, fuel, weather, or other fire -related conditions, the potential loss of life and property from a fire necessitates special fire protection measures and planning before development occurs. Fiscal Impact Analysis. A projection of the direct public cost and revenues resulting from population or employment change to the local jurisdiction(s) in which the change is taking place. Enables local governments to evaluate relative fiscal merits of general plans, specific plans, or projects. See GENERAL PLAN, SPECIFIC PLAN. Fiscal Year. The period designated for the beginning and ending of financial transactions. Nearly all agency fiscal years begin on July 1 and end June 30 of the following year. Flood Insurance Rate Map (FIRM). For each community, the official map on which the Federal Insurance Administration has delineated areas of special flood hazard and the risk premium zones applicable to that community. Flood, 100 -Year. The magnitude of a flood expected to occur on the average every 100 -years, based on historical data. The 100 -year flood has a one percent chance of occurring in any given year. See BASE FLOOD. Floodplain Fringe. All land between the floodway and the upper elevation of the 100 -year flood. See FLOOD, 100 -YEAR. Floodplain. The relatively level land area on either side of the banks of a stream regularly subject to flooding. That part of the floodplain subject to a one percent chance of flooding in any given year is designated as an "area of special flood hazard" by the Federal Insurance Administration. Floodway. The channel of a river or other watercourse and th adjacent land areas that must be reserved in order to discharg the "base flood" without cumulatively increasing the water surface elevation more than one foot. No development is allowed in floodways. See BASE FLOOD. Floor Area Ratio (FAR). The gross floor area permitted on a site divided by the total net area of the site, expressed in decimals to one or two places. For example, on a site with 10,000 net square feet of land area, a floor area ratio of 1.0 wi allow a maximum of 10,000 gross square feet of building floor area to be built. On the same site, an FAR of 1.5 would allow 15,000 square feet of floor area; an FAR of 2.0 would allow 20,000 square feet; and an FAR of 0.5 would allow only 5,000 square feet. Also commonly used in zoning, FARs typically arc 126 League of California Cities Glossary applied on a parcel -by -parcel basis as opposed to an average FAR for an entire land use or zoning district. See ZONING. Floor Area, Gross. The sum of the horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including any space where the floor -to - ceiling height is less than six feet. Some agencies exclude specific kinds of space (for example, elevator shafts, parking decks) from the calculation of gross floor area. Footcandle. The unit of illumination when the foot is the unit of length. Franchise. Fee paid to a municipality from a franchisee for "rental" or "toll" for the use of city streets and rights -of -way. Freeway. A high-speed, high -capacity, limited -access road serving regional and countywide travel. Such roads are free of tolls, as contrasted with turnpikes or other toll roads. Freeways generally are used for long trips between major land use generators. At Level of Service E, they carry approximately 1,875 vehicles per lane per hour in both directions. Major streets cross at a different grade level. See EXPRESSWAY, LEVEL OF SERVICE (TRAFFIC). Frontage. The frontage, or front, of a lot is usually defined as the side nearest the street. Fund Balance. Difference between the assets (revenues and other resources) and liabilities (expenditures incurred or committed to) of a particular fund. Fund. Accounting entity with a set of self -balancing revenue and expenditure accounts used to record the financial affairs of a governmental organization. See EXPENDITURE. Gann Initiative. See PROPOSITION 4. General Fund. Fund used to account for all financial resources except those required to be accounted for in another fund (like enterprise or grant funds). Usually, the General Fund is the largest fund in an agency. See EARMARKED FUNDS. General Obligation (G.O.) Bonds. Bonds issued through a governmental entity which have the legal authority to levy a tax on real and personal property located within the governmental boundaries at any rate necessary to collect enough money each year to pay for principal and interest due. See BOND, LIMITED OBLIGATION BONDS. General Plan. The general plan is the foundation for local land use planning. The plan provides a vision for the foreseeable planning horizon —usually 10 to 20 years —and translates it into goals and policies for the physical development of the community. All other land use ordinances and policies flow from the general plan. The general plan covers all of the land within the jurisdiction and any additional land that, in the agency's judgment, bears relation to its planning. See California Government Code section 65300. See also SPECIFIC PLAN. General Revenue. Those revenues that cannot be associated with a specific expenditure, such as property taxes (other than voter approved indebtedness), sales tax, and business license tax. See EARMARKED FUNDS, EXPENDITURE. General Tax. Tax used for general agency purposes which is deposited into the general fund. See GENERAL FUND. G.O. Bonds. See GENERAL OBLIGATION (G.O.) BoNDs. Grade. (1) Leveling or smoothing the contours of a property. (2) The rate of rise or descent of a sloping surface, usually expressed in degrees or a percentage calculated by the number of feet of rise per 100 feet of horizontal distance. (A 10 percent grade would mean a 10 foot vertical rise over 100 feet of horizontal distance.) Granny Flat. See SECOND UNIT. Grants. Contributions of cash or other assets from another governmental agency to be used or expended for a specified purpose, activity or facility. See EARMARKED FUNDS. Gross Acreage. The entire acreage of a site. Most communities calculate gross acreage to the centerline of proposed bounding streets and to the edge of the right-of-way of existing or dedicated streets. See NET ACREAGE. Ground Failure. Ground movement or rupture caused by strong shaking during an earthquake. Includes landslide, lateral spreading, liquefaction, and subsidence. Groundwater. Water under the earth's surface, often confined to aquifers capable of supplying wells and springs. See AQUIFER. Groundwater Recharge. The natural process of infiltration and percolation of rainwater from land areas or streams through permeable soils into water -holding rocks that provide underground storage (aquifers). See AQUIFER. Group Home; Group Care Facility. Any facility used to provide non -medical residential care, day treatment, adult day care, or foster family agency services. Typically used to assist abused or neglected children or people who are physically disabled or mentally impaired. Growth Management. The use by a community of a wide range of techniques in combination to determine the amount, type, and rate of development desired by the community and to channel that growth into designated areas. Growth management policies can be implemented through public infrastructure ordinances ("concurrency"), urban limit lines, standards for levels of service, phasing, and other programs. See CONCURRENCY, CONGESTION MANAGEMENT PLAN. 127 Planning Commissioner's Handbook League of California Cit 128 Guideway. A roadway system that guides the vehicles using it as well as supporting them. A monorail is one such system. The most familiar and still most used guideway is the railroad. Most guideway transit systems make use of wayside electrical power for propulsion. Habitat. The physical location or type of environment in which an organism or biological population lives or occurs. Habitat Conservation Plan (HCP). A process established under Section 10 of the Endangered Species Act which allows the incidental taking of a listed, threatened, or endangered species upon the approval of a "single" or "multi" species plan. The development of such plans requires extensive studies, research, and coordination between federal, state, and local agencies and with citizen groups. The HCP must show how the impacts of the taking have been minimized and mitigated to the maximum extent practicable, that adequate funding for the plan will be provided, and that the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild. Hazardous Material. Any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. The term includes, but is not limited to, hazardous substances and hazardous wastes. Highest and Best Use. The use of a property that will bring the greatest profit to its owners. In theory, the economics of the real estate market establish a maximum value for each parcel of land at any given time. However, owners are not necessarily entitled to that use, particularly when that use may have negative effects on the use and enjoyment of neighboring properties. High -Occupancy Structure. All pre -1935 buildings with over 25 occupants and all pre -1976 buildings with over 100 occupants. High -Occupancy Vehicle (HOV). Any vehicle other than a driver -only automobile (for example, a vanpool, a bus, or a car carrying two or more persons). Historic Preservation. The preservation of historically significant structures and neighborhoods in order to facilitate restoration and rehabilitation of the building(s) to a former condition. Home Owner's Association. A non-profit organization operating under recorded legal agreements running with the land. Generally, each lot owner in a condominium or similar planned development becomes a member upon purchase and each lot is subject to a charge for a proportionate share of the expenses for the organization's activities, like maintaining common areas, landscaping, recreation facilities and parking areas. Household. All those persons, related or unrelated, who occupy a single housing unit. See FAMILY. Households, Number of. The count of all year-round housin units occupied by one or more persons. The concept of household is important because the formation of new households generates the demand for housing. Each new household formed creates the need for one additional housin unit or requires that one existing housing unit be shared by two households. Thus, household formation can continue to take place even without an increase in population, thereby increasing the demand for housing. Housing and Community Development, Department of (HCD). The state agency responsible for assessing, planning for, and assisting communities to meet the needs of low- and moderate -income households. Housing and Urban Development, U.S. Department of (HUD). A cabinet -level department of the federal government that administers housing and community development programs. Housing Authority, Local (LHA). A local housing agency established in state law, subject to local activation and operation. Originally intended to manage certain federal subsidies, but vested with broad powers to develop and manage other forms of affordable housing. Housing Unit. A house, an apartment, a mobilehome or trailer, a group of rooms, or a single room that is occupied as a separate living quarters, or, if vacant, is intended for occupancy as a separate living quarters (2000 U.S. Census definition). Impact Fee. A fee, also called a development fee, levied on the developer of a project by a city, county, or other public agency as compensation for otherwise -unmitigated impacts the project will produce. Development fees must not exceed the estimated reasonable cost of providing the service for which the fee is charged. See California Government Code sections 66000 and following. Impervious Surface. A surface through which water cannot penetrate, like a roof, road, sidewalk, or paved parking lot. The amount of impervious surface increases with development and establishes the need for drainage facilities to carry the increased runoff. Inclusionary Zoning. Provisions established by a public agency to require that a specific percentage of housing units in a project or development remain affordable to very low- and low-income households for a specified period. Often such regulations require a minimum percentage of housing for low- League of California Cities Glossary and moderate -income households in new housing developments and in conversions of apartments to condominiums. Incorporation. Creation of a new city. Incubator Space. Retail or industrial space that is affordable to new, low -margin businesses. Industrial. A land use classification often divided into "heavy industrial" uses, like construction yards, quarrying, and factories; and "light industrial" uses, like research and development and less intensive warehousing and manufacturing. Infill Development. Development of vacant land (usually individual lots or leftover properties) within areas that are already largely developed. Infrastructure. Public services and facilities like sewage - disposal systems, water -supply systems, other utility systems, schools, and roads. Initial Study. Under the California Environmental Quality Act, a preliminary analysis of the potential environmental impacts of a proposed project prepared by the lead agency. This process is used to determine whether an Environmental Impact Report must be prepared, or a Negative Declaration will be sufficient. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Initiative. A ballot measure used to enact new legislation. In California, city and county initiative measures may be placed on the ballot by petition of the voters or action of the governing body. In -Lieu Fee. Cash payments that may be required of an owner or developer as a substitute for a dedication of land, usually calculated in dollars per lot, and referred to as in lieu fees or in lieu contributions. See DEDICATION, EXACTION. Institutional Uses. (1) Publicly or privately owned and operated activities like hospitals, convalescent hospitals, intermediate care facilities, nursing homes, museums, and schools and colleges; (2) churches and other religious organizations; and (3) other non-profit activities of a welfare, educational, or philanthropic nature that cannot be considered residential, commercial, or industrial. Intensity, Building. For residential uses, the actual number or the allowable range of dwelling units per net or gross acre. For non-residential uses, the actual or the maximum permitted floor area ratios (FARs). See FLOOR AREA RATIO. Interagency. Indicates cooperation between or among two or more discrete agencies in regard to a specific program. Interim Zoning. See MORATORIUM. Intermittent Stream. A stream that normally flows for at least 30 days after the last major rain of the season and is dry a large part of the year. Investment Earnings. Revenue earned from the investment of idle public funds. Jobs/Housing Balance. The availability of affordable housing for employees. The jobs/housing ratio divides the number of jobs in an area by the number of employed residents. A ratio of 1.0 indicates a balance. A ratio greater than 1.0 indicates a net in -commute; less than 1.0 indicates a net out -commute. Joint Powers Authority (JPA). A legal arrangement that enables two or more units of government to share authority in order to plan and carry out a specific program or set of programs that serves both units. Land Banking. The purchase of land by a local government for use or resale at a later date. Banked lands have been used for development of low- and moderate -income housing, expansion of parks, and development of industrial and commercial centers. Federal rail -banking law allows railroads to bank unused rail corridors for future rail use while allowing interim use as trails. Landmark. (1) A building, site, object, structure, or significant tree having historical, architectural, social, or cultural significance and marked for preservation by the local, state, or federal government. (2) A visually prominent or outstanding structure or natural feature that functions as a point of orientation or identification. Landscaping and Lighting Act of 1972. The 1972 Act lets cities, counties and special districts levy assessments for land purchase and the construction, operation, and maintenance of parks, landscaping, lighting, traffic signals and graffiti abatement. Landslide. Downslope movement of soil and/or rock, which typically occurs during an earthquake or following heavy rainfall. Lateral Spreading. Lateral movement of soil, often as a result of liquefaction during an earthquake. See LIQUEFACTION. Leapfrog Development. New development separated from existing development by substantial vacant land. Lease. A contractual agreement by which an owner of real property (the lessor) gives the right of possession to another (a lessee) for a specified period of time (term) and for a specified consideration (rent). Leasehold Interest. (1) The interest that the lessee has in the value of the lease itself in condemnation award determination. (2) The difference between the total remaining rent under the lease and the rent the lessee would currently pay for similar space for the same time period. 129 Planning Commissioner's Handbook League of California Citi€ Level of Service (LOS) Standard. A standard used by government agencies to measure the quality or effectiveness of a municipal service like police, fire, or library, or the performance of a facility, like a street or highway. Level of Service (Traffic). A scale that measures the amount of traffic that a roadway or intersection can accommodate, based on such factors as maneuverability, driver dissatisfaction, and delay. (See Page X) Levy. (verb) To impose taxes, special assessments or service charges for the support of governmental activities; (noun) the total amount of taxes, special assessments or service charges imposed by a governmental agency. See SERVICE CHARGES. Licenses and Permits. Charge designed to reimburse agency for costs of regulating activities being licensed, like the licensing of animals, bicycles, etc. Lien. A claim on assets, especially property, for the payment of taxes or utility service charges. See SERVICE CHARGES. Life -Cycle Costing. A method of evaluating a capital investment that takes into account the sum total of all costs associated with the investment over the lifetime of the project. Light -Duty Rail Transit (LRT). Streetcars or trolley cars that typically operate entirely or substantially in mixed traffic and in non-exclusive, at -grade rights -of -way. Passengers typically board vehicles from the street level (as opposed to a platform that is level with the train) and the driver may collect fares. Vehicles are each electrically self-propelled and usually operate in one or two -car trains. Limited Obligation Bonds. Similar to general obligation bonds except that security for the issuance is limited exactly to the revenues pledged in the bond statement and not to the full faith and credit of the city. See BOND, GENERAL OBLIGATION BONDS. Linkage. With respect to jobs/housing balance, a program designed to offset the impact of employment on housing need within a community, whereby project approval is conditioned on the provision of housing units or the payment of an equivalent in -lieu fee. The linkage program must establish the cause -and -effect relationship between a new -commercial or industrial development and the increased demand for housing. Liquefaction. The transformation of loose, wet soil from a solid to a liquid state, often as a result of ground shaking during an earthquake. Liquidity. The ability to convert a security into cash promptly with minimum risk of principal. Live -Work Quarters. Buildings or spaces within buildings that are used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to thi primary use as a place of work. Local Agency Formation Commission (LAFCO). Commissions within each county that review and evaluate all proposals for formation of special districts, incorporation of cities, annexation to special districts or cities, consolidation of districts, and merger of districts with cities. Local Coastal Program (LCP). A combination of a local government's land use plans, zoning ordinances, zoning district maps, and (within sensitive coastal resources areas) other implementing actions that together meet the local requirements of, and implement the provisions and policies of the California Coastal Act of 1976. Local Coastal Program Land Use Plan. The relevant portion of a local government general plan or coastal element that details type, location, and intensity of land use, applicable resource protection and development policies, and, where necessary, implementation actions. Lot. The basic development unit — an area with fixed boundaries, used or intended to be used by one or more uses within one building and its accessory building(s). A lot must meet the requirements of the zoning district in which it is located and must front on a public street or an approved private street. Lot Line Adjustment. The adjustment of a lot line between two or more existing parcels where land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed are not thereby created. Low -Income Household. A household with an annual income usually no greater than 80 percent of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development for the Section 8 housing program. See SEcrIoN 8 RENTAL ASSISTANCE PROGRAM. Low -Income Housing Tax Credits. Tax reductions provided by the federal and state governments for investors in housing for low-income households. Manufactured Housing. Residential structures that are constructed entirely in a factory and that, since June 15, 1976, have been regulated by the federal Manufactured Home Construction and Safety Standards Act of 1974 under the administration of the U.S. Department of Housing and Urban Development. See MoBILEHOME, MODULAR UNIT. Marks -Roos Bonds. Bonds authorized by the Marks -Roos Local Bond Pooling Act of 1985 which provide local agencies with extremely flexible financing powers through participation 130 League of California Cities Glossary in joint powers authorities. See BOND, JOINT POWERS AUTHORITY. Mean. The average of a number of figures computed by adding up all the figures and dividing by the number of figures. Compare MEDIAN and MODE. Mean High Tide Line. The average high tide line in coastal zones. The state of California owns all lands located below the mean high tide line. Mean Sea Level. The average altitude of the sea surface for all tidal stages. Median Strip. The dividing area, either paved or landscaped, between opposing lanes of traffic on a roadway. Median. The middle number in a series of items in which fifty percent of all figures are above and fifty percent are below. Compare with MEAN and MODE. Mello -Roos Bonds. Locally issued bonds that are repaid by a special tax imposed on property owners within a community facilities district established by a governmental entity. The bond proceeds can be used for public improvements and for a limited number of services. Named after the program's legislative authors. Mello -Roos Community Facilities Tax. Special non ad valorem tax imposed to finance public capital facilities and services m connection with new development. Mello -Roos District. A distinct entity of government for the purpose of imposing and collecting the Mello -Roos Community Facilities Tax. A local agency and a Mello -Roos District may share a common governing body and common boundaries. Metes and Bounds. A system of describing or identifying land using measures (metes) and direction (bounds) from an identifiable point of reference like a monument or other marker, the corner of intersecting streets, or some other permanent fixture. Microclimate. The climate of a small, distinct area, like a city street or a building's courtyard; can be favorably altered through functional landscaping, architecture, or other design features. Mineral Resource. Land on which known deposits of commercially viable mineral or aggregate deposits exist. This designation is applied to sites determined by the California Geological Survey as being a resource of regional significance and is intended to help maintain the quarrying operations and protect them from encroachment of incompatible land uses. Minipark. A small neighborhood park of approximately one acre or less. See NEIGHBORHOOD PARK. Minor Land Division. Contiguous property which is partitioned into four or fewer lots usually qualifies as a minor land division. Mitigated Negative Dedaration. A written statement by the lead agency that revisions to a project, agreed to by the applicant, would avoid potential significant adverse impacts, and there is no substantial evidence that the project, as revised, will have a significant effect on the environment. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, NEGATIVE DECLARATION. Mitigation Measures. In the context of the California Environmental Quality Act, measures that modify a project to reduce or eliminate a significant environmental impact. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Mitigation Monitoring Program. A program which is adopted as part of the Mitigated Negative Declaration or Environmental Impact Report process that establishes a reporting system designed to ensure compliance to and implementation of the adopted mitigation measures. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, ENVIRONMENTAL IMPACT REPORT, MITIGATED NEGATIVE DECLARATION. Mixed -Use. Properties on which various uses like office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design. A "single site" may include contiguous properties. Mobilehome. A structure, transportable in one or more sections, built on a permanent chassis and designed for use as a single-family dwelling unit that (1) has a minimum of 400 square feet of living space; (2) has a minimum width in excess of 102 inches; (3) is connected to all available permanent utilities; and (4) is tied down (a) to a permanent foundation on a lot either owned or leased by the homeowner or (b) is set on piers, with wheels removed and skirted, in a mobilehome park. See MANUFACTURED HOUSING, MODULAR UNIT. Mode. In statistics, the number that occurs most frequently in a given series. Compare with MEAN, MEDIAN. Moderate -Income Household. A household with an annual income between the lower income eligibility limits and 120 percent of the area median family income adjusted by household size, usually as established by the U.S. Department of Housing and Urban Development for the Section 8 housing program. See Low -INCOME HOUSEHOLD, SECTION 8 RENTAL ASSISTANCE PROGRAM. Modular Unit. A factory -fabricated, transportable building or major component designed for use by itself or for incorporation with similar units on site into a structure for residential, commercial, educational, or industrial use. Differs 131 Planning Commissioner's Handbook League of California Cities 132 from mobilehomes and manufactured housing by (in addition to lacking an integral chassis or permanent hitch to allow future movement) being subject to California housing law design standards. California standards are more restrictive than federal standards in some respects (for example, plumbing and energy conservation). Also called factory -built housing and regulated by state law of that title. See MOBILEHOME, MANUFACTURED HOUSING. Moratorium. A zoning designation that temporarily reduces or freezes allowable development in an area until a permanent classification can be fixed; generally assigned during general plan preparation to provide a basis for permanent zoning. Motor Vehicle License Fee (VLF). VLF is fee for privilege of operating vehicle on public streets. VLF is levied annually at two percent of the market value of motor vehicles and is imposed by the state "in lieu" of local property taxes. VLF is also called Motor Vehicle in -Lieu Tax. Multiple Family Residential. A type of housing that has several residential units on a parcel or parcels of land. Examples of multiple family residential housing include condominiums and apartments. Municipal Improvement Act of 1913. Legislation allowing cities, counties, and special districts to fund everything included in the 1911 Act plus power and public transit facilities; assessments can be levied before construction begins. National Ambient Air Quality Standards. The prescribed level of pollutants in the outside air that cannot be exceeded legally during a specified time in a specified geographical area. National Environmental Policy Act (NEPA). An act passed in 1974 establishing federal legislation for national environmental policy, a council on environmental quality, and the requirements for environmental impact statements. National Flood Insurance Program. A federal program that authorizes the sale of federally subsidized flood insurance in communities where such flood insurance is not available privately. National Register of Historic Places. The official list, established by the National Historic Preservation Act, of sites, districts, buildings, structures, and objects significant in the nation's history or whose artistic or architectural value is unique. Negative Declaration. In the context of the California Environmental Quality Act, a written statement briefly describing the reasons why a proposed project will not have a significant effect on the environment and does not require an Environmental Impact Report. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, MITIGATED NEGATIVE DECLARATION. Neighborhood. A planning area commonly identified as such in a community's planning documents, and by the individuals residing and working within the neighborhood. Documentation may include a map prepared for planning purposes showing the names and boundaries neighborhoods. Neighborhood Park. City- or county -owned land intended to serve the recreation needs of people living or working within one-half mile radius of the park. Neighborhood Unit. According to one widely accepted concept of planning, the neighborhood unit should be the basic building block of the city. It is based on the elementary school, with other community facilities located at its center and arterial streets at its perimeter. The distance from the school to the perimeter should be a comfortable walking distance for a school -age child; there would be no through traffic uses. Limited industrial or commercial would occur on the perimeter where arterials intersect. This was a model for American suburban development after World War II. Neotraditional Development. An approach to land use planning and urban design that promotes the building of neighborhoods with a mix of uses and housing types, architectural variety, a central public gathering place, interconnecting streets and alleys, and edges defined by greenbelts or boulevards. The basic goal is integration of the activities of potential residents with work, shopping, recreation, and transit all within walking distance. Net Acreage. The portion of a site that can actually be built upon. The following generally are not included in the net acreage of a site: public or private road rights -of -way, public open -space, and flood ways. See GROSS ACREAGE. Nexus. In general, a minimum threshold of connection necessary within a taxing jurisdiction to allow taxing authority over out-of-state individuals or businesses. There must be a reasonable connection ("nexus") between required development impact fees and a development project subject to the fees. See California Government Code sections 66000 and following. NIMBY. An acronym for "Not -In -My -Backyard." This is a somewhat unflattering characterization for opponents of development projects, with the implication being that the opponents are advocating strictly based on personal self- interest as opposed to the larger community interests. Local agencies' alleged responsiveness to "NIMBY-ism" is one of the reasons some advocate that state law preempt local agencies' authority over certain kinds of land use decisions (see for example, AFFORDABLE HOUSING). Noise. Any sound that is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. Noise, simply, is "unwanted sound." League of California Cities Glossary Noise Attenuation. Reduction of the level of a noise source using a substance, material, or surface, like earth berms and/or solid concrete walls. Noise Contour. A line connecting points of equal noise level as measured on the same scale. Noise levels greater than the 60 Ldn contour (measured in dBA) require noise attenuation in residential development. See DAY -NIGHT AVERAGE SOUND LEVEL, DBA. Non -Attainment. The condition of not achieving a desired or required level of performance. Frequently used in reference to air quality. See ATTAINMENT. Nonconforming Use. A use that was valid when brought into existence, but by subsequent regulation becomes no longer conforming. "Non -conforming use" is a generic term and includes (1) non -conforming structures (by virtue of size, type of construction, location on land, or proximity to other structures), (2) non -conforming use of a conforming building, (3) non -conforming use of a non -conforming building, and (4) non -conforming use of land. Thus, any use lawfully existing on any piece of property that is inconsistent with a new or amended general plan, and that in turn is a violation of a zoning ordinance amendment subsequently adopted in conformance with the general plan, will be a non -conforming use. Typically, non -conforming uses are permitted to continue for a designated period of time, subject to certain restrictions. Nonpoint Source Pollution. Sources for pollution that are less definable and usually cover broad areas of land, like agricultural land with fertilizers that are carried from the land by runoff, or automobiles. See POINT SOURCE POLLUTION. Notice (of Hearing). A legal document announcing the opportunity for the public to present their views to an official representative or board of a public agency concerning an official action pending before the agency. Notice of Completion (NOC). Under the California Environmental Quality Act, a notice issued and properly filed by the lead agency upon completion of the Draft Environmental Impact Report . The NOC contains a description of the proposed project. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Notice of Determination (NOD). Under the California Environmental Quality Act, a notice issued and properly filed by the lead agency upon its approval of a project subject to the California Environmental Quality Act, and stating whether or not the project will have a significant effect on the environment. The notice must be filed within five working days of the action approving a project. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Notice of Preparation (NOP). Under the California Environmental Quality Act, a brief notice issued by the lead agency stating it plans to prepare an Environmental Impact Report for a proposed project. The notice is sent to responsible and trustee agencies and other interested agencies. These parties are asked to comment on the scope of the Environmental Impact Report and potential impacts of the proposed project. These comments are then use to further define the scope of the Environmental Impact Report. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, ENVIRONMENTAL IMPACT REPORT. Official County Scenic Highway. A segment of state highway identified in the Master Plan of State Highways Eligible for Official Scenic Highway Designation and designated by the Director of the Department of Transportation (Caltrans). Off -site Improvements. Conditions that can be required of a project that involves the installation of streets, curbs, gutters, sidewalks, street trees and other improvements that are located adjacent to the project on city -owned property. Open -Space Land. Any parcel or area of land or water that is essentially unimproved and devoted to an open -space use for the purposes of (1) the preservation of natural resources, (2) the managed production of resources, (3) outdoor recreation, or (4) public health and safety. Ordinance. A law or regulation set forth and adopted by a governmental authority, usually a city or county. Outdoor Advertising Structure. Any device used or intended to direct attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the lot where such device is located. See SIGN. Outdoor Recreation Use. A privately or publicly owned or operated use providing facilities for outdoor recreation activities. Outer Approach Zone. Airspace in which an air-traffic controller initiates radar monitoring for incoming flights approaching an airport. See APPROACH ZONE, CLEAR ZONE, TRANSITION ZONE. Overlay. A land use designation on the General Plan Land Use Map, or a zoning designation on a zoning map, that modifies the basic underlying designation in some specific manner. For example, overlay zones are often used to deal with areas with special characteristics, like flood zones or historical areas. See GENERAL PLAN, ZONING. Parcel. A lot in single ownership or under single control, usually considered a unit for purposes of development. Parcel Map (lot split). A subdivision map that divides a parcel up into four or fewer lots. The city or county can place conditions on the approval of parcel maps. See FINAL SUBDIVISION MAP, SUBDIVISION MAP ACT, TENTATIVE SUBDIVISION MAP. 133 Planning Commissioner's Handbook League of California Citie 134 Parcel Tax. Special non -ad valorem tax on parcels of property generally based on either a flat per -parcel rate or a variable rate depending on the size, use or number of units on the parcel. See AD VALOREM TAx, EXCISE TAx. Park Land; Parkland. Land that is publicly owned or controlled for the purpose of providing parks, recreation, or open -space for public use. See COMMUNITY PARK, NEIGHBORHOOD PARK, REGIONAL PARK. Parking Area, Public. An open area, excluding a street or other public way, used for the parking of automobiles and available to the public, whether for free or for compensation. Parking Management. An evolving Transportation Demand Management technique designed to obtain maximum use from limited parking spaces. Can involve pricing and preferential treatment for High -Occupancy Vehicles, non -peak period users, and short-term users. See HIGH -OCCUPANCY VEHICLE, TRANSPORTATION DEMAND MANAGEMENT. Parking Ratio. The number of parking spaces provided per 1,000 square feet of floor area, for example, 2.1 or "two per thousand." Parking Space, Compact. A parking space (usually 7.5 feet wide by 16 feet long when perpendicular to a driveway or aisle) permitted in some localities on the assumption that many modern cars are significantly smaller, and require less room, than a standard automobile. A standard parking space, when perpendicular to a driveway or aisle, is usually 8.5 feet wide by 18 feet long. Parking, Shared. A public or private parking area used jointly by two or more uses. Parks. Open -space lands whose primary purpose is recreation. See OPEN -SPACE LAND, COMMUNITY PARK, NEIGHBORHOOD PARK, REGIONAL PARK. Parkway Strip. A piece of land located between the rear of a curb and the front of a sidewalk, usually used for planting low ground cover and/or street trees, also known as "planter strip." See STREET TREE PLAN. Parkway. An expressway or freeway designed for non- commercial traffic only; usually located within a strip of landscaped park or natural vegetation. See EXPRESSWAY, FREEWAY. Pay As You Go. Concept of paying for capital projects when the initial cost is incurred, rather than over time through the use of debt financing. See CAPITAL OUTLAY, DEBT FINANCING. Pay As You Use. Concept that debt financing enables the public entity to spread the cost of a capital project over time, as the project is being utilized. See CAPITAL OUTLAY, DEBT FINANCING. Performance Standards. Zoning regulations that permit uses based on a particular set of standards of operation rather than on particular type of use. Performance standards provide specific criteria limiting noise, air pollution, emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic impacts, and visual impact of a use. Permit. A specific authorization from a planning body to engage in a particular type of development or activity. Permitted Use. An authorized use within a zoning district. See CONDITIONAL USE. Plan Line. A precise line that establishes future rights -of -way along any portion of an existing or proposed street or highway and which is depicted on a map showing the streets and lot line or lines and the proposed right-of-way lines, and the distance thereof from the established centerline of the street or highway, or from existing or established property lines. Planned Community. A large-scale development whose essential features are a definable boundary; a consistent, but not necessarily uniform, character; overall control during the development process by a single development entity; private ownership of recreation amenities; and enforcement of covenants, conditions, and restrictions by a master community association. See COVENANTS, CONDITIONS, AND RESTRICTIONS. Planned Unit Development (PUD). A description of a proposed unified development, consisting at a minimum of a map and adopted ordinance setting forth the regulations governing, and the location and phasing of all proposed uses and improvements to be included in the development. Planning Area. The area directly addressed by the general plan. A city's planning area typically encompasses the city limits and potentially annexable land within its sphere of influence. Planning Commission. A body, usually having five or seven members, created by a city or county in compliance with California law which requires the assignment of the planning functions of the city or county to a planning department, planning commission, hearing officers, and/or the legislative body itself, as deemed appropriate by the legislative body. See California Government Code section 65100. Point Source Pollution. In reference to water quality, a discrete source from which pollution is generated before it enters receiving waters, like a sewer outfall, or an industrial waste pipe. See NoNPOINT SOURCE POLLUTION. Police and Fire Special Tax. Special tax on parcels of property in support of police, fire protection or both. Policy. A statement of a public body that forms the basis for enacting legislation or making decisions. The policies under which zoning ordinances are enacted and administered should be found in a community's general plan. League of California Cities Glossary Poverty Level. As used by the U.S. Census, families and unrelated individuals are classified as being above or below the poverty level based on a poverty index that provides a range of income cutoffs or "poverty thresholds" varying by size of family, number of children, and age of householder. The income cutoffs are updated each year to reflect the change in the Consumer Price Index. Prime Agricultural Land. (1) Land used actively in the production of food, fiber, or livestock. (2) All land that qualifies for rating as Class I or Class II in the Natural Resources Conservation Service land use compatibility classifications. (3) Land that qualifies for rating 80 through 100 in the Storie Index Rating. See STORIE INDEX. Prime Farmland. Land which has the best combination of physical and chemical characteristics for the production of crops. Prime Farmland must have been used for the production of irrigated crops within the last three years. Prime Farmland does not include publicly owned lands for which there is an adopted policy preventing agricultural use. Principal. "Face" or "par value" of an instrument. It does not include accrued interest. Private Road/Private Street. Privately owned (and usually privately maintained) motor vehicle access that is not dedicated as a public street. Typically the owner posts a sign indicating that the street is private property and limits traffic in some fashion. For density calculation purposes, some jurisdictions exclude private roads when establishing the total acreage of the site; however, aisles within and driveways serving private parking lots are not considered private roads. Property Tax. An ad valorem tax imposed on real property (land and permanently attached improvements) and tangible personal property (movable property). See AD VALOREM TAX, ASSESSED VALUATION, GENERAL REVENUE, MOTOR VEHICLE LICENSE FEE, TAX. Proposition 4. Also called the Gann Initiative, this initiative, now Article XIIIB of the state constitution, was drafted to be a companion measure to Proposition 13, Article XIIIA of the constitution. Article XIIIB limits growth in government spending to changes in population and inflation. Proposition 13. Article XIIIA of the California Constitution, commonly known as Proposition 13, which limits the maximum annual increase of any ad valorem tax on real property to 1 percent of the full cash value of such property. Proposition 62. A 1986 proposition that, among other things, implemented a majority vote requirement for general taxes. This portion of Proposition 62 was later ruled unconstitutional. Proposition 98. Passed in 1988, this measure establishes a minimum level of funding for public schools and community colleges. This measure also provides that any state revenues in excess of the appropriations limit be spent on schools. Proposition 172. A 1993 measure which places a one-half cent sales tax for local public safety in the constitution. The tax is imposed by the state and distributed to cities and counties. Pro Rata. Refers to the proportionate distribution of something to something else or to some group, like the cost of infrastructure improvements associated with new development apportioned to the users of the infrastructure on the basis of projected use. Public Records. Most public agency documents are public records that must be made available for public inspection upon request. For example, agendas and other documents distributed by any person to a majority of the legislative body in connection with any matter subject to discussion at a public meeting item are public records, which must be made available to the public "without delay." If the agency distributes material prepared by it (including consultants) or a member of the legislative body during a meeting, copies of the material must be available for public inspection at the meeting. Materials prepared by some other person and distributed during a meeting must be made available after the meeting. See California Government Code sections 54957.5 and 6250 (open meetings law materials availability requirements). See also BROWN ACT. Ranchette. A single dwelling unit occupied by a non -farming household on a parcel of 2.5 to 20 acres that has been subdivided from agricultural land. Real Property Transfer Tax. See DOCUMENTARY TRANSFER TAX. Reclamation. The reuse of resources, usually those present in solid wastes or sewage. Reconstruction. As used in historic preservation, the process of reproducing by new construction the exact form and detail of a vanished structure as it appeared during a specific period of time. Reconstruction is often undertaken when the property to be reconstructed is essential for understanding and interpreting the value of a historic district and sufficient documentation exists to insure an exact reproduction of the original. Recreation, Active. A type of recreation or activity that requires the use of organized play areas including, but not limited to, softball, baseball, football and soccer fields, tennis and basketball courts and various forms of children's play equipment. Recreation, Passive. Type of recreation or activity that does not require the use of organized play areas. Redevelop. To demolish existing buildings; or to increase the overall floor area existing on a property; or both; irrespective of whether a change occurs in land use. 135 Planning Commissioner's Handbook League of California Cit 136 Referendum. A citizen challenge to a legislative action taken by a local agency. If enough signatures are filed, the governing body must either rescind its decision or place the issue on the ballot for a vote. Regional. Pertaining to activities or economies at a scale greater than that of a single jurisdiction, and affecting a broad geographic area. Regional Housing Needs Plan/Share. A quantification by a Council of Governments or by the California Department of Housing and Community Development of existing and projected housing need, by household income group, for all localities within a region. See COUNCIL OF GOVERNMENTS, HOUSING AND COMMUNITY DEVELOPMENT. Regional Park. A park typically 150-500 acres in size focusing on activities and natural features not included in most other types of parks and often based on a specific scenic or recreational opportunity. See COMMUNITY PARK, NEIGHBORHOOD PARK, PARKS. Rehabilitation. The repair, preservation, and/or improvement of substandard housing. Reimbursement for State Mandated Costs. Requirement that the state must reimburse local agencies for the cost of state - imposed programs. Process is commonly called "SB 90" after its original 1972 legislation. See California Constitution article XIIIB, section 6. Relocation Permit. Needed if a building is to be moved to a lot within the city and if the building is to cross a public street, alley or easement. Rents. Revenues received through the rental of public properties to private parties like convention space and library facilities. Responsible Agency. In the California Environmental Quality Act, all public agencies other than the lead agency that have discretionary approval over a project. Responsible agencies send comments to the lead agency regarding the environmental impacts about which they have expertise. See CALIFORNIA ENVIRONMENTAL QUALITY ACT. Retrofit. To add materials and/or devices to an existing building or system to improve its operation, safety, or efficiency. Buildings have been retrofitted to use solar energy and to strengthen their ability to withstand earthquakes, for example. Rezoning. An amendment to the map and/or text of a zoning ordinance to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area. See ZONING. Richter Scale. A measure of the size or energy release of an earthquake at its source. The scale is logarithmic; the wave amplitude of each number on the scale is 10 times greater than that of the previous whole number. Ridgeline. A line connecting the highest points along a ridge and separating drainage basins or small-scale drainage system from one another. Right -of -Way. A strip of land occupied or intended to be occupied by certain transportation and public use facilities, like roads, railroads, and utility lines. Riparian Lands. Riparian lands are comprised of the vegetative and wildlife areas adjacent to perennial and intermittent streams. Riparian areas are delineated by the existence of plant species normally found near freshwater. Riparian Rights. The right of a landowner make use of the water in a river or stream on or bordering a property. Sales Tax. The sales tax is imposed on retailers for the privilege of selling tangible personal property in California. Tax base is the total retail price. See TAX BASE. Sanitary Landfill. The controlled placement of refuse within limited area, followed by compaction and covering with a suitable thickness of earth and other containment material. Sanitary Sewer. A system of subterranean conduits that carries refuse liquids or waste matter to a plant where the sewage is treated, as contrasted with storm drainage systems (that carry surface water) and septic tanks or leech fields (that hold refuse liquids and waste matter on -site). See SEPTIC SYSTEM. Scenic Highway Corridor. The area outside a highway right- of-way that is generally visible to persons traveling on the highway. Scenic Highway/Scenic Route. A highway, road, drive, or street that, in addition to its transportation function, provides opportunities for the enjoyment of natural and man-made scenic resources and access or direct views to areas or scenes of exceptional beauty or historic or cultural interest. The aesthetic values of scenic routes often are protected and enhanced by regulations governing the development of property or the placement of outdoor advertising. Until the mid -1980's, general plans in California were required to include a Scenic Highways element. Second Unit. A self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on a single lot. "Granny Flat" is one type of second unit intended for the elderly. Section 8 Rental Assistance Program. A federal (the U.S. Department of Housing and Urban Development) rent - subsidy program that is one of the main sources of federal housing assistance for low-income households. The program operates by providing "housing assistance payments" to League of California Cities Glossary owners, developers, and public housing agencies to make up the difference between the "Fair Market Rent" of a unit (set by the U.S. Department of Housing and Urban Development) and the household's contribution toward the rent, which is calculated at 30 percent of the household's adjusted gross monthly income (GMI). "Section 8" includes programs for new construction, existing housing, and substantial or moderate housing rehabilitation. Seismic. Caused by or subject to earthquakes or earth vibrations. Senior Housing. Typically one- and two -bedroom apartments or condominiums designed to meet the needs of and restricted to occupancy by persons 62 years of age and older or, if more than 150 units, persons 55 years of age and older. Seniors. Persons age 62 and older. Septic System. A sewage -treatment system that includes a settling tank through which liquid sewage flows and in which solid sewage settles and is decomposed by bacteria in the absence of oxygen. Septic systems are often used for individual -home waste disposal where an urban sewer system is not available. See SANITARY SEWER. Service Charges. Charges imposed to support services to individuals or to cover the cost of providing such services. The fees charged are limited to the cost of providing the service or regulation required (plus overhead). Setback Regulations. The requirements that a building be set back a certain distance from the street (front), side or rear lot line. The frontage or front of a lot is usually defined as the side nearest the street. On a corner lot, the narrowest side is usually determined to be the front lot line. In triangular or other odd - shaped lots, rear lot lines may need to be defined more precisely in the code or judged by the planning commission or other hearing body with appropriate jurisdiction on a case -by - case basis. Settlement. (1) The drop in elevation of a ground surface caused by settling or compacting. (2) The gradual downward movement of an engineered structure due to compaction. Differential settlement is uneven settlement, where one part of a structure settles more or at a different rate than another part. Short -Term Financing Methods. Techniques used for many purposes, such as meeting anticipated cash flow deficits, interim financing of a project, and project implementation. Using these techniques involves issuance of short-term notes. Voter approval is not required. Sign. Any outdoor or indoor object, device, display or structure that is used to advertise, identify, display, direct or attract attention to a person, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. See OUTDOOR ADVERTISING STRUCTURE. Sign Permit. This permit allows for a sign to be erected in compliance with stated policies or conditions. Siltation. (1) The accumulating deposition of eroded material. (2) The gradual filling in of streams and other bodies of water with sand, silt, and clay. Single Room Occupancy (SRO). A single room, typically 80- 250 square feet, with a sink and closet, but which requires the occupant to share a communal bathroom, shower, and kitchen. See AFFORDABLE HOUSING. Site Plan. A plan, to scale, showing uses and structures proposed for a parcel of land. It includes lot lines, streets, building sites, public open space, buildings, major landscape features — both natural and man-made — and, depending on requirements, the locations of proposed utility lines. Site Plan Review. The process whereby local officials, usually the planning commission and staff, review the site plans of a developer to assure that they meet the purposes and standards of the zone, provide for necessary public facilities like streets, parks, and schools, and protect adjacent properties through appropriate siting of structures and landscaping. Solar Access. The provision of direct sunlight to an area specified for solar energy collection when the sun's azimuth is within 45 degrees of true south. Solar System, Active. A system using a mechanical device, like a pump or a fan, and energy in addition to solar energy to transport a conductive medium (air or water) between a solar collector and the interior of a building for the purpose of heating or cooling. Solar System, Passive. A system that uses direct heat transfer from thermal mass instead of mechanical power to distribute collected heat. Passive systems rely on building design and materials to collect and store heat and to create natural ventilation for cooling. Solid Waste. Any unwanted or discarded material that is not a liquid or gas. Includes organic wastes, paper products, metals, glass, plastics, cloth, brick, rock, soil, leather, rubber, yard wastes, and wood, but does not include sewage and hazardous materials. Organic wastes and paper products comprise about 75 percent of typical urban solid waste. Special District. A governmental entity formed to deliver a specific service, like fire protection, water service or the maintenance of open space. Special Tax. Tax earmarked for a specific purpose or governmental program. Special taxes require a two-thirds vote of the electorate voting in an election in order to be implemented. See COMMUNITY FACILITIES DISTRICT, EARMARKED 137 Planning Commissioner's Handbook League of California Citie 138 FUNDS, MELLO-ROOS BONDS, MELLO-ROOS COMMUNITY FACILITIES TAX, POLICE AND FIRE SPECIAL TAX, TAX. Specific Plan. A plan that an agency may adopt to implement the general plan in all or part of the area covered by the general plan. See California Government Code section 65450. A specific plan must specify in detail the land uses, public and private facilities needed to support the land uses, phasing of development, standards for the conservation, development, and use of natural resources, and a program of implementation measures, including financing measures. See GENERAL PLAN. Sphere of Influence. The probable physical boundaries and service area of a local agency, as determined by the Local Agency Formation Commission of the county. See LOCAL AGENCY FORMATION COMMISSION. Spot Zoning. The awarding of a use classification to an isolated parcel of land that is detrimental or incompatible with the uses of the surrounding area, particularly when such an act favors a particular owner. A special circumstance like historical value, environmental importance, or scenic value would justify special zoning for a small area. See ZONING. Sprawl. Haphazard growth or outward extension of a city resulting from uncontrolled or poorly managed development. State Clearinghouse. In California, the State Clearinghouse is part of the Governor's Office of Planning and Research, and is responsible for distributing environmental documents to state agencies. Lead agencies are required to submit their draft Environmental Impact Reports or negative declarations if a state agency is the lead agency, a state agency is a responsible agency or trustee agency or the project is of statewide, regional or area importance. See CALIFORNIA ENVIRONMENTAL QUALITY ACT, ENVIRONMENTAL IMPACT REPORT, NEGATIVE DECLARATION. Storie Index. A numerical system (0-100) rating the degree to which a particular soil can grow plants or produce crops, based on four factors: soil profile, surface texture, slope, and soil limitations. See PRIME AGRICULTURAL LAND. Stormwater Detention. Any storm drainage technique that retards or detains runoff, like detention or retention basins, parking lot storage, rooftop storage, porous pavement, or dry wells. See DETENTION DAM. Street Tree Plan. A comprehensive plan for all trees on public streets that sets goals for solar access, and standards for species selection, maintenance, and replacement criteria, and for planting trees in patterns that will define neighborhood character while avoiding monotony or maintenance problems. Streets, Major. The transportation network that includes a hierarchy of freeways, arterials, and collectors to service through traffic. See ARTERIAL, COLLECTOR, EXPRESSWAY, FREEWAY. Streets, Minor. Local streets not shown on the Circulation Plan, Map, or Diagram, whose primary intended purpose is to provide access to fronting properties. Streets, Through. Streets that extend continuously between other major streets in the community. Strip Zoning. A zone normally consisting of a ribbon of uses fronting both sides of a major street and extending inward for approximately half a block. Strip commercial development is the most common form. It usually is characterized by an assortment of gas stations, drive-in and fast-food restaurants, motels, tourist shops, and some automobile sales and service operations. Structure. Anything constructed or erected that requires location on the ground (excluding swimming pools, fences, and walls used as fences). Subdivision. The division of a tract of land into defined lots, either improved or unimproved, which can be separately conveyed by sale or lease, and which can be altered or developed. The process often includes setting aside land for streets, sidewalks, parks, public areas, and other infrastructure needs —including the designation of the location of utilities. Subdivision Map Act. California law that this act vests in loca legislative bodies the regulation and control of the design and improvement of subdivisions, including the requirement for tentative and final maps. See California Government Code sections 66410 and following. Subregional. Pertaining to a portion of a region. Subsidence. The sudden sinking or gradual downward settling and compaction of soil and other surface material with little or no horizontal motion. Subsidence may be caused by a variety of human and natural activity, including earthquakes. See SETTLEMENT. Subsidize. To assist by payment of a sum of money or by the granting of terms or favors that reduce the need for monetary expenditures. Housing subsidies may take the form of mortgage interest deductions or tax credits from federal and/or state income taxes, sale or lease at less than market value of land to be used for the construction of housing, payments to supplement a minimum affordable rent, and the like. Substandard Housing. Residential dwellings that, because of their physical condition, do not provide safe and sanitary housing. Substantial Evidence — Under some circumstances, a local agency's land use decision must be supported by what is caller "substantial evidence" in light of the whole record. The public can assist the agency in gathering and putting information into the record that may provide the basis for the agency's decision. The agency's findings must be supported by xague of California Cities Glossary ubstantial evidence and then the findings must support the tgency's decision. ,ubvention. Subsidy or financial support received from :ounty, state or federal government. The state and counties evy certain taxes that are "subvened" to cities, including motor 'chicle license fees, state mandated costs and motor vehicle uel tax. See MOTOR VEHICLE LICENSE FEE, REIMBURSEMENT FOR ;TATE MANDATED COSTS. supplemental Property Tax. In the event a property changes >wnership, the county collects a supplemental property tax assessment in the current tax year by determining a .upplemental value. In future tax periods, the property carries he full cash value. See PROPERTY TAX, PROPOSITION 13. sustainability. Community use of natural resources in a way hat does not jeopardize the ability of future generations to ive and prosper. sustainable Development. Development that maintains or :nhances equity, economic opportunity, and community well >eing while protecting and restoring the natural environment tpon which people and economies depend. Sustainable ievelopment meets the needs of the present without :ompromising the ability of future generations to meet their >wn needs. Caking. The appropriation by government of private land for vhich just compensation must be paid. Another term for ?minent Domain. Often used when the claim is made that a ;overnment regulation is akin to eminent domain. See 2ONDEMNATION. fax. Compulsory charge levied by a government for the >urpose of financing services performed for the common >enefit. See TAX BASE, TAX RATE. fax Allocation Bonds. Bonds issued by redevelopment agencies to revitalize blighted and economically depressed areas of the community and to promote economic growth. See SLIGHT, BOND, COMMUNITY REDEVELOPMENT AGENCY. fax Base. The objects or transactions to which a tax is applied like parcels of property, retail sales, etc.). State law or local >rdinances define the tax base and the objects or transactions :xempted from taxation. lax Increment. Additional tax revenues that result from ncreases in property values within a redevelopment area. State aw permits the tax increment to be earmarked for .edevelopment purposes but requires at least 20 percent to be ised to increase and improve the community's supply of low - aid very -low income housing. See AFFORDABLE HOUSING. fax Increment Financing. A tax incentive designed to attract >usiness investment by dedicating to the project area the new >roperty tax revenues generated by redevelopment. The ncrease in revenues (increment) is used to finance development -related costs in that district. See BLIGHT, COMMUNITY REDEVELOPMENT AGENCY, PROPERTY TAX. Tax Rate. The amount of tax applied to the tax base. The rate may flat, incremental or a percentage of the tax base, or any other reasonable method. See TAx, TAx BASE. Telecommuting. Working at home or in a location other than the primary place of work and communicating with the workplace and conducting work via wireless or telephone lines, using modems, fax machines, or other electronic devices in conjunction with computers. Temporary Use. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. Tentative Subdivision Map. A map showing the design of a proposed subdivision of five or more lots. It includes existing conditions in and around the subdivision. This is the stage when a city or county must place all the restrictions it deems necessary on the map. The term "tentative" is misleading, because additional conditions or substantive design changes cannot be required once a tentative subdivision map is approved. See FINAL SUBDIVISION MAP, SUBDIVISION MAP ACT. Traffic Model. A mathematical representation of traffic movement within an area or region based on observed relationships between the kind and intensity of development in specific areas. Many traffic models operate on the theory that trips are produced by persons living in residential areas who are attracted by various non-residential land uses. See TRIP. Traffic Zone. In a mathematical traffic model the area to be studied is divided into zones, with each zone treated as producing and attracting trips. The production of trips by a zone is based on the number of trips to or from work or shopping, or other trips produced per dwelling unit. Transfer of Development Rights. Also known as "Transfer of Development Credits," a program that can relocate potential development from areas where proposed land use or environmental impacts are considered undesirable (the "donor" site) to another ("receiver") site chosen on the basis of its ability to accommodate additional units of development beyond that for which it was zoned, with minimal environmental, social, and aesthetic impacts. Transient Occupancy Tax. Local tax on persons staying 30 days or less in a hotel, inn, motel, tourist home, non- membership campground or other lodging facility. Also called Transient Lodging Tax or Bed Tax. See AD VALOREM TAx, EXCISE TAx, TAx. Transit. The conveyance of persons or goods from one place to another by means of a local public transportation system. 139 Planning Commissioner's Handbook League of California Citie 140 Transit -Dependent. Refers to persons unable to operate automobiles or other motorized vehicles, or those who do not own motorized vehicles. Transit -dependent citizens must rely on transit, paratransit, or owners of private vehicles for transportation. Transit -dependent citizens include the young, the disabled, the elderly, the poor, and those with prior violations of motor vehicle laws. Transit, Public. A system of regularly scheduled buses and/or trains available to the public on a fee -per -ride basis. Also called mass transit. Transition Zone. Controlled airspace extending upward from 700 or more feet above the ground wherein procedures for aircraft approach have been designated. The transition zone lies closer to an airport than the outer approach zone and outside of the inner approach zone. See APPROACH ZONE, CLEAR ZONE, OUTER APPROACH ZONE. Transitional Housing. Shelter provided to the homeless for an extended period, often as long as 18 months, and generally integrated with other social services and counseling programs to assist in the transition to self-sufficiency through the acquisition of a stable income and permanent housing. See EMERGENCY SHELTER. Transit -Oriented Development (TOD). Moderate- to higher - density development, located within easy walk of a major transit stop, generally with a mix of residential, employment, and shopping opportunities designed for pedestrians without excluding the auto. TOD can be new construction or redevelopment of one or more buildings whose design and orientation facilitate transit use. See California Department of Transportation, Statewide Transit -Oriented Development Study (2002). Transportation Demand Management (TDM). A strategy for reducing demand on the road system by reducing the number of vehicles using the roadways and/or increasing the number of persons per vehicle. TDM attempts to reduce the number of persons who drive alone during the commute period and to increase the number in carpools, vanpools, buses or trains, or walking or biking. TDM can be an element of TSM (see below). Transportation Systems Management (TSM). A comprehensive strategy developed to address the problems caused by additional development, increasing trips, and a shortfall in transportation capacity. Transportation Systems Management focuses on more efficiently utilizing existing highway and transit systems rather than expanding them. TSM measures are characterized by their low cost and quick implementation time frame, like computerized traffic signals, metered freeway ramps, and one-way streets. Transportation Tax. Special tax imposed by counties for county transportation needs. Typically collected with the sales and use tax, some cities receive a portion of the transportatior tax usually in .25 percent tax rate increments. See AD VALOREM TAX, SPECIAL TAX, TAX. Trees, Street. Trees strategically planted -usually in parkway strips, medians, or along streets -to enhance the visual quality of a street. See MEDIAN STRIP, PARKWAY STRIP, STREET TREE PLAN Trip. A one-way journey that proceeds from an origin to a destination via a single mode of transportation; the smallest unit of movement considered in transportation studies. Each trip has one "production end," (or origin —often from home, but not always), and one "attraction end," (destination). See TRAFFIC MODEL. Trip Generation. The dynamics that account for people making trips in automobiles or by means of public transportation. Trip generation is the basis for estimating the level of use for a transportation system and the impact of additional development or transportation facilities on an existing, local transportation system. Trip generations of households are correlated with destinations that attract household members for specific purposes. Truck Route. A path of circulation required for all vehicles exceeding set weight or axle limits, a truck route follows major arterials through commercial or industrial areas and avoids sensitive areas. Turbidity. A thick, hazy condition of air or water resulting from the presence of suspended particulates or other pollutants. Uniform Building Code (UBC). A national, standard building code that sets forth minimum standards for construction. See BUILDING CODE. Uniform Housing Code (UHC). State housing regulations governing the condition of habitable structures with regard to health and safety standards and providing for the conservation and rehabilitation of housing in accordance with the Uniform Building Code (UBC). Urban. Of, relating to, characteristic of, or constituting a city. Urban areas are generally characterized by moderate and higher density residential development, commercial development, and industrial development, and the availability of public services required for that development, specifically central water and sewer, an extensive road network, public transit, and other such services (for example, safety and emergency response). Development not providing such services may be "non -urban" or "rural." The California Environmental Quality Act defines "urbanized area" as an area that has a population density of at least 1,000 persons per square mile. See California Public Resources Code section 21080.14(b). See also CALIFORNIA ENVIRONIvIEN'TAL QUALITY ACT, URBAN LAND USE. League of California Cities Glossary Urban Design. The attempt to give form, in terms of both beauty and function, to selected urban areas or to whole cities. Urban design is concerned with the location, mass, and design of various urban components and combines elements of urban planning, architecture, and landscape architecture. Urban Growth Boundary. An officially adopted and mapped line dividing land to be developed from land to be protected for natural or rural uses. Urban growth boundaries (also called urban limit lines) are regulatory tools, often designated for long periods of time (20 or more years) to provide greater certainty for both development and conservation goals. (Source: Greenbelt Alliance). Urban Land Use. Residential, commercial, or industrial land use in areas where urban services are available. Urban Reserve. An area outside of an urban service area but within an urban growth boundary, in which future development and extension of municipal services are contemplated but not imminent. Urban Services. Utilities (like water, gas, electricity, and sewer) and public services (like police, fire, schools, parks, and recreation) provided to an urbanized or urbanizing area. Urban Services Area. (1) An area in which urban services will be provided and outside of which such services will not be extended. (2) Developed, undeveloped, or agricultural land, either incorporated or unincorporated, within the sphere of influence of a city, which is served or will be served during the first five years of an adopted capital improvement program by urban facilities, utilities, and services. The boundary around an urban service area is called the "urban service area boundary" and is to be developed in cooperation with a city and adopted by the county's local agency formation commission . See California Government Code section 56080. Use Tax. The use tax is imposed on the user of a product whenever the sales tax does not apply, such as on goods purchased out-of-state and delivered for use in California and on long-term leases. Tax base is the total retail price. See AD VALOREM TAX, TAX, TAX BASE. Utility Corridors. Rights -of -way or easements for utility lines on either publicly or privately owned property. See EASEMENT, RIGHT-OF-WAY. Utility Users Tax. Tax imposed on the consumer (residential and/or commercial) of any combination of electric, gas, cable television, water, and telephone services. See EXCISE TAX, TAX. Variance. A device which grants a property owner relief from certain provisions of a zoning ordinance when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. A variance may be granted, for example, to reduce yard or setback requirements, or the number of parking or loading spaces. Vehicle -Miles Traveled (VMT). A key measure of overall street and highway use. Reducing VMT is often a major objective in efforts to reduce vehicular congestion and achieve regional air quality goals. Very -Low Income Household. A household with an annual income usually no greater than 50 percent of the area median family income adjusted by household size, as determined by a survey of incomes conducted by a city or a county, or in the absence of such a survey, based on the latest available eligibility limits established by the U.S. Department of Housing and Urban Development for the Section 8 housing program. See SECTION 8 RENTAL ASSISTANCE PROGRAM. Vested Right. A right that has become absolute and fixed and cannot be denied by subsequent conditions or changes in regulations, unless it is taken and paid for. There is no vested right to an existing zoning classification. Once development has been started or completed, there is a right to maintain that particular use, regardless of the classification given the property. View Corridor. The line of sight - identified as to height, width, and distance - of an observer looking toward an object of significance to the community (like ridgelines, rivers and historic buildings, for example); the route that directs the viewers attention. Viewshed. The area within view from a defined observation point. VLF. See MOTOR VEHICLE LICENSE FEE. Volume -to -Capacity Ratio. A measure of the operating capacity of a roadway or intersection, in terms of the number of vehicles passing through, divided by the number of vehicles that theoretically could pass through when the roadway or intersection is operating at its designed capacity. Abbreviated as "V/C." At a V/C ratio of 1.0, the roadway or intersection is operating at capacity. If the ratio is less than 1.0, the traffic facility has additional capacity. Although ratios slightly greater than 1.0 are possible, it is more likely that the peak hour will elongate into a peak period. See LEVEL OF SERVICE (TRAFFIC). Watercourse. Natural or once natural flowing (perennially or intermittently) water including rivers, streams, and creeks. Includes natural waterways that have been channelized, but does not include manmade channels, ditches, and underground drainage and sewage systems. Water -Efficient Landscaping. Landscaping designed to minimize water use and maximize energy efficiency. Watershed. The total area above a given point on a watercourse that contributes water to its flow; the entire 141 League of California Cities • Planning Commissioner's Handbook region drained by a waterway or watercourse that drams into a lake, or reservoir. Water Table. The upper surface of groundwater, or that level below which the soil is seasonally saturated with water. Wetlands. Transitional areas between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is covered by shallow water. Under a "unified" methodology now used by all federal agencies, wetlands are defined as "those areas meeting certain criteria for hydrology, vegetation, and soils." Wildlife Refuge. An area maintained in a natural state for the preservation of both animal and plant life. Williamson Act. Known formally as the California Land Conservation Act of 1965, it was designed as an incentive to retain prime agricultural land and open -space in agricultural use, thereby slowing its conversion to urban and suburban development. The program entails a ten-year contract between the city or county and an owner of land whereby the land is taxed on the basis of its agricultural use rather than its market value. The land becomes subject to certain enforceable restrictions, and certain conditions need to be met prior to approval of an agreement. Woodlands. Lands covered with woods or trees. Yard. The open space between a lot line and the buildable area within which no structure may be located, except as provided in the zoning ordinance. Yield. The total amount of revenue a government expects to receive from a tax, determined by multiplying the tax rate by the tax base. Also, the annual rate of return on an investment, expressed as a percentage of the investment. See TAx, TAx BASE, TAX RATE. Zero Lot Line. A development approach in which a building is sited on one or more lot lines. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot Zoning. The division of a city or county by legislative regulations into areas, or zones, that specify allowable uses for real property and size restrictions for buildings within these areas; a program that implements policies of the general plan. See GENERAL PLAN, INCLUSIONARY ZONING, REZONING, SPECIFIC PLAN, SPOT ZONING. Zoning Amendment. An amendment to or a change in the zoning ordinance. Rezonings can take three forms. 1) a comprehensive revision or modification of the zoning text and map; 2) a text change in zoning requirements; and 3) a change in the zoning designation of a particular parcel or parcels of land. Zoning District. A designated section of a city or county for which prescribed land use requirements and building and development standards are uniform. Zoning Map. The officially adopted zoning map specifying the uses permitted within certain areas. 142 League of California Cities Glossary a• —90 4.4\ •9 ACRONYMS AND ABBREVIATIONS A ACOE ADA ADT ADU of AIA AICP ALUC APA AQMD ARB ASCE BAT BID BLM BMP BMR C C CAA CAD Ca1EPA CBD CC&Rs CDBG CEQA CESA CFD cfs CHFA CIP CMP CNEL CPI COG CRA CSA CUP CWA Agricultural U.S. Army Corps of Engineers Americans with Disabilities Act (1990) Average Daily Trips made by vehicles or persons in a 24 -hour period Accessory Dwelling Unit acre foot American Institute of Architects American Institute of Certified Planners Airport Land Use Commission American Planning Association Air Quality Management District. Air Resources Board American Society of Civil Engineers Best Available Technology Business Improvement District Bureau of Land Management Best Management Practices Below -Market Rate Dwelling Unit Commercial zone/use of specified intensity Commercial Clean Air Act Computer Aided Design California Environmental Protection Agency Central Business District Covenants, Conditions, and Restrictions Community Development Block Grant California Environmental Quality Act California Endangered Species Act Mello -Roos Community Facilities District Cubic Feet per Second California Housing Finance Agency Capital Improvements Program Congestion Management Plan Community Noise Equivalent Level Consumer Price Index Council of Governments Community Redevelopment Agency Community Service District Conditional Use Permit Federal Clean Water Act dB DFG DOE DOT DU EIR EIS EJ EPA ESA FAA FAR FAUS FEMA FHA FHWA FIA FIR FIRE FIRM FM FmHA FPPC FTA FWS GIS GLA GMI GPS HAP HCD HCP HOV HTF HUD ISTEA JPA LAFCO Decibel Department of Fish and Game Department of Energy (U.S.) Department of Transportation (U.S.) Dwelling Unit Environmental Impact Report (California) Environmental Impact Statement (Federal) Environmental Justice Federal Environmental Protection Agency Federal Endangered Species Act Federal Aviation Administration Floor Area Ratio Federal Aid to Urban Systems Federal Emergency Management Agency Federal Housing Administration Federal Highway Administration Fiscal Impact Analysis (also Federal Insurance Administration) Fiscal Impact Report Finance, Insurance and Real Estate Flood Insurance Rate Map Facility Mapping Farmers Home Administration Fair Political Practices Commission (California) Federal Transit Administration U.S. Fish and Wildlife Service Geographic Information Systems Gross Leasable Area Gross Monthly Income Global Positioning System Housing Assistance Plan California Department of Housing and Community Development Habitat Conservation Plan High -Occupancy Vehicle Housing Trust Fund U.S. Department of Housing and Urban Development Industrial Intermodal Surface Transportation Efficiency Act Joint Powers Authority Local Agency Formation Commission 143 Planning Commissioner's Handbook League of California Cities 144 LCP Local Coastal Plan/Program LHA Local Housing Authority LOS Level of Service LRT Light -duty Rail Transit M - 1, 2. Manufacturing Zone MF Multifamily MGD Millions of Gallons per Day MH Manufactured Housing MOU Memorandum of Understanding MPD Master Planned Community MSCP Multi -Species Conservation Plan MXD Mixed Use Development NAHB National Association of Home Builders NAHRO National Association of Housing & Redevelopment Officials NCCP Natural Communities Conservation Plan NEPA National Environmental Policy Act NGO Nongovernmental Organization NHPA National Historic Preservation Act NMFS National Marine Fisheries Service NOC Notice of Completion (CEQA) NOD Notice of Determination (CEQA) NOP Notice of Preparation (CEQA) NPDES National Pollution Discharge Elimination System NRCS National Resources Conservation Service OPR Governor's Office of Planning and Research (California) P&Z Planning and Zoning PC Planning Commission PCD Planned Commercial Development PDR Purchase of Development Rights PHT Peak Hour Traffic (or Peak Hour Trips) PID Planned Industrial Development PPB Parts Per Billion PPM Parts per Million PUD Planned Unit Development QOL Quality of Life R Residential R-1,2 RDA RFP RFQ RLUIPA ROW RPA RTPA SFD SLAPP SRO STIP TDM TDR TEA -21 TMDL TOD TOT TSM UBC UGB UHC UMTA USDA USDI USFS USFWS USGS VLF VMT WMD WQMP ZLL ZO Residential Zone/use of specified intensity Redevelopment Agency Request for Proposal Requests for Qualifications Religious Land Use and Institutionalized Persons Act Right -of -Way Regional Planning Agency Regional Transportation Planning Agency Single -Family Dwelling Strategic Lawsuits Against Public Participation Single -Room Occupancy State Transportation Improvement Plan Transportation Demand Management Transfer of Development Rights Federal Transportation Equity Act for the 21st Century Total Maximum Daily Load Transit -Oriented Development Transient Occupancy Tax Transportation Systems Management Uniform Building Code Urban Growth Boundary Uniform•Housing Code Urban Mass Transportation Administration U.S. Department of Agriculture U.S. Department of the Interior U.S. Forest Service U.S. Fish and Wildlife Service U.S. Geological Survey Vehicle License Fee Vehicle Miles Traveled Watershed Management Program Water Quality Management Plan Zero Lot Line Zoning Ordinance Rosenberg's Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg l l� LrFAG U E' CITIES MISSION AND CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of California's cities. About the League of California Cities Established in 1898, the League of California Cities is a member organization that represents California's incorporated cities. The League strives to protect the local authority and automony of city government and help California's cities effectively serve their residents. In addition to advocating on cities' behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine. 2011 League of California Cities. AU rights reserved. ABOUT THE AUTHOR Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught lasses on parliamentary procedure and has served as parliamentarian for large and small bodies. T7 TABLE OF CONTENTS About the Author ii Introduction 2 Establishing a Quorum 2 The Role of the Chair 2 The Basic Format for an Agenda Item Discussion 2 Motions in General 3 The Three Basic Motions 3 Multiple Motions Before the Body 4 To Debate or Not to Debate 4 Majority and Super -Majority Votes 5 Counting Votes 5 The Motion to Reconsider 6 Courtesy and Decorum 7 Special Notes About Public Input 7 INTRODUCTION The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert's Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert's Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five -member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg's Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg's Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg's Rules in lieu of Robert's Rules because they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be dear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five -member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five -member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision -making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed -upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: 1 First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask darifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond. Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. Ninth, the chair takes a vote. Simply asking for the "ayes" and then asking for the "nays" normally does this. If members of the body do not vote, then they "abstain." Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10 -day notice for all future meetings of this body." Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member's desired approach with the words "I move ... " A typical motion might be: "I move that we give a 10 -day notice in the future for all our meetings:' The chair usually initiates the motion in one of three ways: 1. Inviting the members of the body to make a motion, for example, "A motion at this time would be in order." 2. Suggesting a motion to the members of the body, "A motion would be in order that we give a 10 -day notice in the future for all our meetings?' 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion. The basic motion is the one that puts forward a decision for the body's consideration. A basic motion might be: "I move that we create a five -member committee to plan and put on our annual fundraiser?' The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: "I move that we amend the motion to have a 10 -member committee." A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year "Motions to amend" and "substitute motions" are often confused, but they are quite different, and their effect (if passed) is quite different. A motion to arnend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a "motion to amend" or a "substitute motion" is left to the chair. So if a member makes what that member calls a "motion to amend," but the chair determines that it is really a "substitute motion," then the chair's designation governs. A "friendly amendment" is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, "I want to suggest a friendly amendment to the motion." The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic "motion to have a five -member committee to plan and put on our annual fundraiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10 -member committee, not a five -member committee to plan and put on our annual fundraiser." And perhaps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would be as follows: First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five -member committee), or if amended, would be in its amended format (10 -member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote. Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold." The motion can contain a specific time in which the item can come back to the body. "I move we table this item until our regular meeting in October?' Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, "I move the previous question" or "I move the question" or "I call the question" or sometimes someone simply shouts out "question." As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a "request" rather than as a formal motion. The chair can simply inquire of the body, "any further discussion?" If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the "question" as a formal motion, and proceed to it. When a member of the body makes such a motion ("I move the previous question"), the member is really saying: "I've had enough debate. Let's get on with the vote:' When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. IsiOTE: A motion to limit debate could include a time limit. For example: "I move we limit debate on this agenda item to 15 minutes." Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super Majority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven -member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, "I move the previous question," or "I move the question," or "I call the question," or "I move to limit debate;" it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. Motion to dose nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to dose nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non -club members. A motion to suspend the rules would be in order to allow a non -dub member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it's pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five -member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the "no" votes and double that count to determine how many "yes" votes are needed to pass a particular motion. For example, in a seven -member body, if two members vote "no" then the "yes" vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five -member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote "abstain" or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient In general law cities in California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of"those present" then you treat abstentions one way. However, if the rules of the body say that you count the votes of those "present and voting," then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are "present and voting." Accordingly, under the "present and voting" system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are "present"), but you treat the abstention votes on the motion as if they did not exist (they are not "voting"). On the other hand, if the rules of the body specifically say that you count votes of those "present" then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like "no" votes. How does this work in practice? Here are a few examples. Assume that a five -member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are "present and voting." If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five -member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three "yes," one "no" and one "abstain" also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote. Now, change the scenario slightly. Assume the same five -member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members "present." Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a "no" vote. Accordingly, if the votes were three "yes," one "no" and one "abstain," then the motion fails. The abstention in this case is treated like a "no" vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. c Now, exactly how does a member cast an "abstention" vote? Any time a member votes "abstain" or says, "I abstain," that is an abstention. However, if a member votes "present" that is also treated as an abstention (the member is essentially saying,"Count me for purposes of a quorum, but my vote on the issue is abstain.") In fact, any manifestation of intention not to vote either "yes" or "no" on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote "absent" or "count me as absent?" Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually "absent." That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is "no." There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, "point of privilege." The chair would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear. Order. The proper interruption would be, "point of order." Again, the chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, "return to the agenda." If a member believes that the body has drifted from the agreed -upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very public - friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. OOF CALI oU E® CITIES 1400 K Street, Sacramento, CA 95814 (916) 658-8200 I Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8200. $10 © 2011 League of California Cities. All rights reserved. ® Printed on recycled paper. City i�fingJJ.lG INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Planning Commission Orientation Agenda JUNE 29, 2015 1. State mandate for Planning Commission and the role of the Planning Commission and a Planning Commissioner a. Chairperson, Member b. Discretionary Review 2. General Plan and Municipal Code a. Guidelines, Regulations b. Variances, CUPs c. Commission approval vs over-the-counter administrative approval 3. The process for cases a. Packets b. Field trips c. Deliberations d. Resolutions 4. Review of plans for a typical case a. Administrative or Discretionary application b. Review of example plan for development standards 5. Review of example agenda, packet and minutes 6. Grading a. Review of example grading plan 7. Economic Interest, Conflict of Interest, Brown Act, FPPC 700 Form, Oath of Allegiance for Public Officers 8. RHCA 9. Committee on Trees & Views 10. Questions 11. Schedule next meeting, if needed Printed on Recycled Paper POLICY CRITERIA FOR DETERMINING MINOR AND MAJOR MODIFICATIONS FOR DEVELOPMENT PROJECTS It is the intent of every approval that the project be developed in substantial compliance with the plans submitted and approved by the Planning Commission. The City recognizes that modifications and adjustments to projects are sometimes necessary due to field conditions or other aspects of the development. With this in mind the City adopted provisions in Sections 17.38.065, 17.42.065 and 17.46.070 of the Zoning Ordinance which state that after a Variance, Conditional Use Permit or a Site Plan Review application has been approved, the City Manager or the Planning Commission - while construction is taking place - may consider modification(s) to the approved plans and/or to any conditions imposed, when requested by the applicant. The City Manager or his designee has the authority to review and act upon minor modifications, and the Planning Commission has the authority to review and act upon major modifications. Minor modifications when approved by the City Manager, or his designee, are considered an administrative action and do not require a public hearing. Major modifications are recognized as a new project and are subject to a public hearing. Any proposed modification that triggers discretionary review is considered "major" modification. Pursuant to the above provisions of approval of discretionary permits, the City Manager is required to establish criteria for minor and major modifications. The following is a list of projects that are intended to serve as an illustrative guideline to determine if a project modification is to be deemed "minor" or "major". The list is not all-inclusive. Other and/or similar requests for modifications may not always be based on the examples listed therein. Prior to rendering a decision as to whether the proposed project could be considered "minor" or "major," City staff will evaluate the Planning Commission's conditions of approval imposed at the time the project was initially approved, records and minutes of the public hearings and the property's prior history. Staff may also require that the applicantnotify neighbors and inform them of the project amendment. EXAMPLES OF MINOR AND MAJOR MODIFICATIONS TO PROTECTS MINOR MODIFICATION MAJOR MODIFICATION Cut or fill of no more than 3 feet Cut or fill of more than 3 feet Enlarge the building pad or limit of grading by no more than 2,000 sq.ft. when the total disturbance does not exceed the max. permitted of 40%. Enlarge the building pad or limit of grading by more than 2,000 sq.ft. Move a pool or pool equipment area to other location (not triggering discretionary review) Reconfigure a pool/spa where the total water surface area does not exceed 100 s.f. and which does not trigger SPR Increase of pool size by more than 100 sq.ft. than originally approved Reduce the size of structure; or enlarge structure where trade off is proposed for reducing a structure elsewhere Larger than approved structure, where no trade off is proposed Add or move garden walls or planter walls; extend a wall, (3' high or less) Additional walls, more than 3' high Raise the building pad, driveway or height of structures by no more than 12 inches Raise the building pad, driveway or height of structures by more than 12 inches Import or export of dirt, 500 c.y. or less, when meet City requirements (Sections 15.04.150 & 15.04.170) Import or export of dirt over 500 c.y. Minor shift of the structure, i.e. move the house or other structures 5 or so feet in one direction or another Additional square footage to a previously approved house/ garage (additions to approved rec.rm., guest hs. and similar requires a CUP) Change in slope configuration (from more steep to less steep), where the limit of grading is no greater than 2,000sq.ft. from the approved limit of grading Change in slope configuration (from less steep to more steep) Add an outdoor kitchen, barbeque, fire place, trellis Modification requiring a second driveway Change out of square footage of structures, where the total structural coverage does not change, (i.e. decrease size of house for additional trellis or for a larger garage; remove attached trellis/porch to construct a detached trellis) Projects, which are determined by the City Manager/Planning Director to be similar to and likely to have similar or greater impacts than those projects enumerated above. Temporary access way for construction materials delivery (may require Bldg. & Safety review) EXAMPLES OF MINOR AND MAJOR MODIFICATIONS TO PROTECTS Page 2 of 4 .1 MINOR MODIFICATION MAJOR MODIFICATION Add a basement (w/o grading) Modification to driveway or approach (Traffic Commission approval is required for new or enlarged driveway approach) Deeper than anticipated excavation for caissons or to locate bedrock, where no additional surface area is graded; or if graded for access or work area, then it must be restored to pre -disturbed condition Projects, which are determined by the City Manager/Planning Director to be similar to and likely to have no greater impacts than those projects enumerated above. Staff's decision may be appealed to the Planning Commission, pursuant to Chapter 17.55 of the Zoning Ordinance. Page 3 of 4 City 01 Rollin, JUL INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 DECEMBER 12, 2013 Planning Commission Orientation Agenda Meeting #1 1. Role of the Planning Commission and a Planning Commissioner a. Chairperson, Member b. Discretionary Review 2. Economic Interest, Conflict of Interest, Brown Act 3. The process for cases a. Packets b. Field trips c. Deliberations d. Resolutions 4.. General Plan and Municipal Code a. Guidelines, Regulations b. Variances, CUPs c. Commission approval vs over-the-counter administrative approval 5. Review of example agenda packet and minutes 6. RHCA 7. Committee on Trees & Views 8. Questions 9. Schedule next meeting Printed on Recycled Paper CITY ATTORNEY'S COMMISSION ORIENTATION MANUAL November 2006 Prepared by: Christi Hogin City Attorney INTRODUCTION Congratulations on your appointment as a Commissioner! This Manual has been created by the City Attorney to help orient you with respect to your responsibilities as a city official. We hope that you find this Manual useful. When in doubt as to the powers of your commission or board or your legal obligations and responsibilities, you should consult the Municipal Code and the City Attorney. Christi Hogin 310-643-8448 fax 310-643-8441 chogin@localgovlaw.com www.localgovlaw.com TABLE OF CONTENTS Description Page Introduction i List of General Procedures 1 Public Hearing Procedure 4 Sample Public Hearing Script 5 Importance of Findings in Quasi - Judicial Actions 6 California Environmental Quality Act, Required Procedures 9 The Ralph M. Brown Act 15 Conflicts of Interest 18 PLANNING COMMISSION PROCEDURES The following is an outline of standard municipal meeting procedures. These apply to all commissions generally. Some procedures are. required by law and some may be varied. In many cases, the procedures you employ have important legal significance. Before changing procedures, you should always consult with the City Attorney. TYPE OF MEETINGS: - REGULAR MEETINGS: All regular business of the Commission should usually be conducted at the regular meetings. Once the meeting is adjourned, the Commission may not meet again until the next regular meeting, unless the Commission adjourns to a different time and place or unless a special meeting is called. Field trips and "study sessions" occurring on a date other than a regular meeting date are adjourned meetings or special meetings. ADJOURNED MEETINGS: At the conclusion of a regular meeting, the Chair may adjourn the meeting to a specific time, place and date. This allows for an extension of the regular meeting. If a regular meeting of the Commission is adjourned to another time, the Commission Secretary shall post notice of an adjourned meeting. Adjourned meetings can be again adjourned to a date, time and place specific; however, once any meeting is finally adjourned, it cannot be reconvened. SPECIAL MEETINGS: Special meetings may be called by the Chair or a majority of the Commission under the following guidelines: - Written notice must be delivered personally or by mail to each member of the Commission, the Commission Secretary, and the local newspapers, at least 24 hours prior to the time of the meeting. Notices should also be posted, at least 24 hours prior to the time of the meeting, at the posting places within the City designated for the posting of notices. - The notice must contain the subjects of the meeting and only those subjects may be considered at the special meeting. CONDUCT OF MEETINGS: 1 CHAIR: The Chair shall preside at all Commission meetings. The Commission shall, by majority vote, elect a Chair and elect a Vice -Chair to serve in the absence of the Chair. COMMISSION SECRETARY: The Commission Secretary takes and pre- pares minutes of a Commission meeting and is responsible for ensuring that notices of meetings are properly posted or delivered. AGENDA: Under the Brown Act (discussed in depth later) agendas for regular meetings shall be posted no later than 72 hours in advance of a meeting. MINUTES: Minutes of all meetings must be prepared and submitted to the Commission for approval. After approval by a majority vote of the Commissioners present, the Commission Secretary shall distribute, post and file the minutes. The minutes are not a transcript or a complete record of the proceedings and need only accurately reflect the actions taken by the Commission. MEETINGS OPEN TO PUBLIC: All meetings must be open to the public in accordance with the Brown Act. Every agenda for regular meetings must provide an opportunity for members of the public to directly address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission but not on the agenda. Also, members of the public must be provided an opportunity to address the Commission on any agenda item prior to, or concurrently with, the Commission's consideration of the item. The Commission may establish its own procedures relative to public participation during the conduct of Commission business, provided the procedure does not conflict with the Brown Act. QUORUM: A quorum, which consists of a majority of the members of the City Commission, must be present at all times during the meeting. CONDUCT OF HEARINGS: The general manner of conducting hearings is within the control and discretion of the Chair. After sufficient discussion and presentation of a matter, either the Chair or any member entitled to' vote upon the matter being heard may introduce a motion to decide the matter. THE REOPENING OF HEARINGS. No hearing that has once been closed may be reopened without additional notice in the same manner as the original hearing, unless the hearing is reopened at the same meeting it was closed and before the Commission has taken up another matter. Once the Commission has taken final action on an administrative item, the Commission loses jurisdiction and the hearing may not be reopened unless the matter has been remanded to the Commission by the City Council. HE/SHE WHO DECIDES MUST HEAR: When the Commission is acting in an adjudicative capacity,'-' and if a Commissioner is to vote on a matter which is the 1/ The Commission acts in an Aadjudicative capacity® (also called Aquasi-judiciale) when it is applying the law to a specific application, such as when the Planning Commission considers a development 2 subject of a public hearing, the Commissioner should be present during the public hearing. However, if the public hearing has been closed and continued for a decision to another date, or the hearing continued to another date, an absent member can vote if the member listened to the full tape of the prior hearing or hearings and read all documents considered at the prior hearings on the matter and states that she or he has done so on the record at the hearing. LIMITATIONS ON COLLECTING EVIDENCE OUTSIDE OF THE HEARING: The concept of a fair hearing includes the requirement that all evidence that serves as the basis of an adjudicative decision must be in the record so that it is subject to rebuttal. This can be a problem if Commissioners collect evidence outside of the public hearing. For example, from time to time the Commissioners may find it desirable to visit the site that is the subject of an application before the Commission. So long as the Commissioner indicates on the record that he or she has done so and describes what was seen, a site visit will not affect the validity of the hearing. The Commissioners should avoid speaking to applicants or other members of the public about a matter that is the subject of an adjudicative decision. In the event that they do have a conversation with a member of the public on such a matter, the Commissioner should state on the record who he or she spoke with, and the subject of the conversation. In this way the evidence obtained by the individual Commissioner outside of the hearing will become part of the record, and will be subject to rebuttal during the hearing. application. PUBLIC HEARING PROCEDURE Chair: States purpose of hearing, opens hearing. Requests Staff Report. Staff: Presents report Chair: Requests Members to ask any questions they may have of Staff regarding Staff Report, and to place on the record any statements on whether Commissioners visited site and that they saw, or whether they spoke to anyone concerning this matter (also called Aex parte disclosureso). Requests public testimony. PUBLIC: Testimony is received. Applicant or appellant (if an appeal from a Planning Director=s decision) should go first and should be given time for rebuttal. If the appellant is not the applicant, the applicant should be afforded equal time (because the applicant has a specific legal interest at stake) Chair should instruct those persons testifying that all comments and questions be directed to the Chair and not to other members of the audience. No dialogues should be permitted. Questions by Commissioners of persons in the audience should be asked before the hearing is closed, preferably when the person is testifying.'- Comments by Commissioners should be reserved until all testimony is taken and the public hearing closed. The Chair may set a time limit for comments by each person testifying. Chair: Closes public hearing. COMMISSION: Deliberates, makes findings and decision. 2/ In cases when there is evidence on both sides of the issue or when the evidence is not adequately presented by the opponents or proponents of a project, it is essential that the members of the Commission ask questions which ensure that the relevant evidence is in the record and explain the evidence upon which they are relying in making a decision. SAMPLE PUBLIC HEARING SCRIPT This is the time and place for a public hearing to consider [describe]. Is there a Staff Report? Does any Commissioner have any questions of staff on this matter? Do Commissioners have any ex parte disclosures to make? [Commissioners state any on site visits and evidence outside the hearing relating to this matter] We will now listen to public testimony. All questions and comments on this matter are to be directed to the Commission, not the audience. Questions will be answered by staff at the close of testimony. Applicant, please make your presentation at this time. I will now call the speakers in the order received. I will also call the name of the next speaker so that you may move toward the podium. to be followed by Applicant, do you wish to make any further statement or rebuttal before the hearing is closed? Do any Commissioners have further questions before the public comment portion of the hearing is closed? (Staff answers all questions asked by public during the course of the hearing.) The public testimony portion of the hearing is now closed. (Commission deliberates and may ask questions of staff. All comments should be reserved by the Commissioners until this time. Statements of opinion during the hearing may be regarded as prejudgment of the matter.) IMPORTANCE OF FINDINGS IN QUASI-JUDICIAL ACTIONS The City Planning Commission performs a quasi-judicial function. In other words, the Commission will sit as a "judge" in determining whether a particular land use entitlement, such as a variance or a conditional use permit, is appropriate for a 5 particular piece of property. The following discussion, excerpted from a December 30, 1982 Publication by the State Office of Planning and Research, discusses the importance of the Commission making findings showing the reasons the Commission made its decision. FINDINGS ARE THE CORNERSTONE OF GOOD DECISION -MAKING The Supreme Court has defined findings, explained their purposes and determined when they are needed. Definition The court defined findings as legally relevant subconclusions which expose the city's mode of analysis of facts, regulations, and policies, and bridge the analytical gap between raw data and ultimate decision. In other words, findings are the legal footprints city officials leave to explain how they progressed from the facts through established standards to the decision. Purpose The court outlined four purposes for making findings, two of which are relevant mainly to the decision -making process, and the other two relevant to judicial review functions. Findings should accomplish the following: 1. Provide a framework for making principled decisions, enhancing the integrity of the administrative process; 2. Help make analysis orderly and reduce the likelihood that the agency will randomly leap from evidence to conclusions; 3. Enable the parties to determine whether and on what basis they should seek judicial review and remedy; and, 4. Apprise a reviewing court of the basis for the agency's action. Circumstances Requiring Findings While the four purposes seem clear enough, state law has not clearly distinguished between the situations which require findings from those which do not. Absent a specific statutory requirement for findings, the courts determine when they are necessary. In general, case law has required findings for land use decisions that are adjudicative in nature (also known as quasi-judicial, administrative, or adjudicatory decisions). In this type of decision, the commission holds a hearing, takes evidence, and bases its decision on the evidence. The action involves applying a fixed rule, standard, or law to specific facts and a specific parcel of land. Examples include 6 variances, use permits, and tentative subdivision and parcel maps. In each case local officials apply existing land use or other development standards to specific parcels. By way of comparison, findings are not necessary for legislative acts, unless specifically required by statute. In contrast with adjudicative acts, legislative acts generally formulate a rule to be applied to all future cases rather than applying an existing rule to a specific factual situation. Examples are the adoption or amendment of a general plan or zoning ordinance. SUMMARY: BRIDGING THE GAP California courts have demonstrated their concern for rational and open land use decisions that protect the public interest. The California Supreme Court offered four purposes for findings, all emphasizing these concerns. The now familiar language of "bridging the analytical gap between raw data and ultimate decision" leaves no doubt that courts intend decision -makers to follow an orderly path of logic before arriving at decisions. While the political reality of making land use decisions involves compromises at times, the political reality must accommodate rational and dispassionate deliberation in the decision -making process. In the area of land use planning, local decision -making bodies must adopt findings when making adjudicative decisions -variances, conditional use permits, tentative subdivision and parcel maps, and public street abandonments. Further, Public Resources Code Section 21081 requires decision -making bodies to make one or more findings when an EIR identifies a proposed project's significant environmental effects. Some state statutes require findings before jurisdictions approve certain legislative decisions, such as growth limiting general plans and growth limiting zoning ordinances. The process of making land use decisions has its rough edges: economic impacts, election campaigns, tender egos, and neighborhood conflicts. Making findings as an integral part of the decision -making process will not guarantee that all of the rough edges will be smoothed out. However, if decision -making officials take findings seriously, they can reduce the public's doubts about the wisdom of their decisions and reduce public skepticism about their motivations. Using findings builds an excellent defense for local officials' decisions, and ultimately more justly serves the public purposes of regulating land use. 7 CALIFORNIA ENVIRONMENTAL QUALITY ACT, REQUIRED PROCEDURES PREFACE: The California Environmental Quality Act (CEQA) is designed to assure that decisionmakers understand the environmental impacts of a decision before the decision is made. The following outline explains, in general terms, the basic steps required by CEQA. Each City is required to adopt its own local guidelines for implementing CEQA. 1st Step: Application Received (A) Staff decides whether the proposed activity is subject to CEQA or is exempt. (B) If the project is exempt no further action under CEQA is required. Staff reports its finding to the Planning Commission. 2nd Step: If the project is subject to CEQA: (A) Staff conducts and prepares a written Initial Study to determine if the project may have a significant effect on the environment, unless it is clear the project will have a significant effect. In the latter case, Staff may go directly to the 7th Step. The Initial Study consists of the Environmental Checklist plus Staffs analysis of environmental effects. (B) As soon as it is determined that an Initial Study is to be prepared, staff consults informally with other agencies having jurisdiction over the project as to whether an EIR or negative declaration should be prepared. 3rd Step: If from the Initial Study it appears the project may have a significant effect on the environment: (A) Staff or the applicant may suggest project revisions which when implemented will result in the project having no significant environmental effects. If this occurs, the project should be formally revised to reflect these "mitigating measures," and the 4th Step followed. (B) If the project may still result in one or more significant environmental effects after mitigating measures are added, Staff should go directly to the 7th Step. 8 4th Step: If Staff determines from the Initial Study that the project will not have a significant effect on the environment: (A) Staff prepares a proposed Negative Declaration including mitigating measures, if any, and attaches a copy of the Initial Study, documenting reasons to support its findings.'-/ (B) Public notice that a proposed Negative Declaration has been prepared must be given before it is approved/disapproved by the Commission. At least 20 days must be provided for public review of the proposed Negative Declaration, unless State Clearinghouse review is required, in which case the public review period for the proposed Negative Declaration is extended to 30 days as described in (D) below. The notice for the proposed negative declaration must also be filed with the County Clerk, who must post the notice within twenty-four hours after receipt of the proposed negative declaration for a period of 30 days. (C) The City must consult with and solicit comments from each agency with jurisdiction over the project by Law, and must send a copy of the proposed Negative Declaration to these agencies. (D) If the project is of statewide, regional, or area -wide significance, the proposed Negative Declaration must be sent to the State Clearing- house for review. 5th Step: If Negative Declaration Prepared: The Commission must review and consider the Initial Study, proposed Negative Declaration, any comments received and Staffs analysis of the comments. If the Commission finds that there is no evidence that the proposed activity may have a significant impact, the Commission approves the Negative Declaration prior to making any determination on the project. No project can be approved until a Negative Declaration has been approved or an EIR has been certified pursuant to the Steps set forth below. If the Commission finds that the proposed activity may have a significant environmental impact, the Commission rejects the Negative 3/ If mitigation measures are included, a mitigation monitoring program must be prepared, and must be adopted at the same time the Negative Declaration is adopted. When an Environmental Impact Report is prepared, a mitigation monitoring program must be adopted when the City makes the findings required by Public Resources Code Section 21081(a) (See Step 12). When making findings regarding the adequacy of mitigation measures proposed in an EIR or when adopting a mitigated negative declaration, the Commission must specify the location and custodian of the documents or other material which constitute the record of proceedings upon which the decision is based. 9 Declaration and asks for an Environmental Impact Report (EIR) to be prepared. 6th Step: If Negative Declaration Approved: If the Commission approves the proposed activity, a Notice of Determination must be filed with the County Clerk. If the Negative Declaration includes a finding of no adverse effect on wildlife, a Certificate of Fee Exemption-/ must be filed with the Notice of Determination. If the project is one of statewide, regional or area - wide concern, the Notice of Determination must also be filed with the Office of Planning and Research. 7th Step: If There Is or May Still Be a Significant Effect: (A) If it is clear at the outset that there will be a significant effect, or if it appears from the Initial Study that the project may have a signi- ficant environmental effect even with mitigating measures, then a draft EIR must be prepared. (B) A draft EIR must also be prepared if members of the public present substantial evidence that the project may have a significant effect on the environment. 8th Step: If an EIR Will Be Prepared: (A) After determining that an EIR will be required for a project, the City must send a Notice of Preparation to each agency with jurisdiction over the project providing the responsible agencies with sufficient information describing the project and the potential environmental effect to enable the responsible agency to make a meaningful response. The Notice of Preparation must also be filed with the County Clerk, who must post the notice for a 30 -day period. (B) Before completing a draft EIR, Staff must consult with other agencies having jurisdiction over the project concerning the scope and content of the EIR. 9th Step: After Completion of an EIR: 4/ The Fish & Game Code ('710.5, et seq.) imposes certain fee requirements on projects that have an adverse effect on wildlife. (A) Upon completing a draft EIR, a Notice of Completion must be filed with the Secretary of Resources and notice stating the significant effects on the environment, if any, anticipated as a result of the project and an opportunity to review and comment on the EIR must be given to the public, along with the location at which all the documents referenced in the draft EIR are available for review. The minimum period for public review and comment is 30 days. (B) The draft EIR must be sent to other agencies having jurisdiction over the project, and Trustee Agencies. (C) If the project is one of statewide, regional or area -wide significance, the draft EIR must also be sent to the State Clearinghouse for review. Also, if the draft EIR is sent to the State Clearinghouse for review, the minimum period for public review is increased to 45 days. 10th Step: Public Hearing: A public hearing on the draft EIR may be conducted and must be properly noticed. 11th Step: Final EIR: (A) Staff assembles the final EIR (draft EIR + public and other comments + responses to significant issues raised in the comments). (B) At least 10 days before certifying a final EIR as complete, a proposed written response must be provided to each public agency that commented on the EIR. 12th Step: Certification of EIR: (A) Commission certifies the EIR as being completed in compliance with CEQA, as having been reviewed and considered by the Commission prior to the decision on the project, and as representing the "independent judgment" of the City. (B) Commission reviews and considers the final EIR and makes the findings required by CEQA and the State Guidelines prior to approving the project, including adoption of a mitigation monitoring program (See Footnote 4). No project for which an EIR is required can be approved unless these findings have been made for each significant impact identified in the EIR.1' (C) Commission makes a decision on the project. This can be at the same meeting as the decision on the EIR. 13th Step: If Commission Approves Project for Which EIR Was Prepared: If the Commission approves the project, a Notice of Determination must be filed with the County Clerk indicating the Commission's decision, and including a statement that an EIR was prepared and certified as required. If the project requires discretionary approval from a state agency the Notice of Determination must also be filed with the Secretary for Resources. 5/ The possible findings are: (1) Changes or alterations have been required in . . . the project which avoid or substantially lessen the significant environmental effects . . . or (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency . . . or (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Guidelines 15091(a). If the Commission makes either finding 2 or finding 3 for any impact identified in the EIR, CEQA requires the Commission to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The Commission cannot approve the project unless it finds that the benefits of the proposed project outweigh the unavoidable adverse environmental effects. This finding is commonly referred to as a "Statement of Overriding Considerations." THE RALPH M. BROWN ACT The purpose of the Ralph M. Brown Act, Government Code Sections 54950, et seq., is to ensure that the actions of local governmental entities are taken openly and that all of their deliberations are conducted publicly. The Act applies to the Planning Commission. Thus, all Commission actions and deliberations, including those of Commission Committees of more than three members, must be made in public, and all meetings must be open, except for "closed sessions" as defined by Section 54957.1/ Under the Brown Act, a meeting is "Any congregation of a majority of members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains." In plain English, this means that a meeting is any gathering of a majority of Commission members to hear or discuss any item of Commission business or potential Commission business. Neither a decision, nor participation in a discussion, is necessary to turn a gathering into a Brown Act meeting. Unless a gathering of a majority of Commission members falls within one of the limited exceptions to this rule, if a majority of Commission members are in the same room and merely listen to a discussion of Commission business, then they will be participating in a Brown Act meeting that requires notice, an agenda, and a period for public comment. Thus, if a quorum of Commissioners happens to be in attendance at a social or other function, the members should be careful to avoid situations that could be construed as Brown Act violations. In addition, a meeting need not occur all at one time. It can occur in a serial fashion through a series of telephone calls or other communications by which a quorum of the board's membership is involved. As a rule of thumb a quorum of Commissioners should never discuss or appear to discuss commission business outside of a public meeting or a properly convened closed session. Under recent amendments to the Brown Act, the Commission may not take action or discuss any item that does not appear on the posted agenda. There are two existing exceptions to this rule. The first is if the Commission determines that an emergency situation exists. The term "emergency" is limited to work stoppages or crippling disasters. The second exception is if the Commission finds by a two-thirds vote that there is a need to take immediate action on an item and the need for action came to the attention of the local agency subsequent to the agenda being posted. In addition tothese exceptions, there are a few new exceptions to the no discussion on non -agenda items rule. Those exceptions are as follows: 6/ The permissible subjects for closed sessions (which are typically not within the jurisdiction of the Planning Commission) include; meeting with the City Attorney to discuss pending litigation, which includes litigation filed with the courts, threatened litigation and whether the City should initiate litigation, real estate negotiations, labor negotiations and personnel matters, matters of national or public security, and license applications by persons with criminal records. (1) Members of the Commission may briefly respond to statements made or questions posed by persons during public comment periods. (2) Members of the Commission may ask questions for clarification and provide a reference to staff or other resources for factual information; (3) Under the clean-up legislation, Members or staff may make a brief announcement, ask a question or make a brief report on his or her own activities. (4) Members may, subject to the procedural rules of the Commission, request staff to report back to the Commission at a subsequent meeting concerning any matter; and (5) The Commission may itself as a body, subject to the rules of procedures of the Commission, takes action to direct staff to place a matter of business on a future agenda. The Commission may not discuss non -agenda items to any significant degree under these exceptions. The comments must be brief. These exceptions do not allow long or wide-ranging question and answer sessions between the public and Commission or between the Commission and staff. When the Commission is considering whether to direct staff to add an item to a subsequent agenda, these exceptions do not allow the Commission to discuss the merits of the matter or to engage in a debate about the underlying issue. According to Section 54959, any member of the Planning Commission who attends a meeting with "wrongful intent and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled . . . "is guilty of a misdemeanor. The criminal penalty is limited to those meetings where "action" is taken. Section 54960 allows.the District Attorney or any interested person to commence a civil action in Superior Court to stop or prevent viola- tions or threatened violations of the Brown Act, or to determine whether the Act applies to "actions or threatened future action," and that person may recover the costs of litigation including attorneys' fees. CONFLICTS OF INTEREST Government Code Sections 87100, et seq., require that public officials avoid any serious conflicts of interest when acting in their official capacities. As Commissioners, two aspects of these provisions will affect you. First, you are prohibited from making decisions about any matter in which you have a financial interest. Second, you are required to file a financial disclosure statement annually. Government Code Section 87100 states under what circumstances influencing a governmental decision is prohibited: 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. Section 87103 defines what constitutes a "financial interest": An official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on: (a) Any business entity in which the public official has a direct or indirect investment worth more than two thousand dollars ($2,000). (b) Any real property in which the public official has a direct or indirect interest worth more than two thousand dollars ($2,000). (c) Any source of income, other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard t� official status, aggregating five hundred dollars ($500) or more in value provided to, received by or promised to the public official within 12 months prior to the time when the decision is made. (d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management. For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official's agents, spouse, or dependent children own directly, indirectly, or beneficially a 10 -percent interest or greater. Obviously, if a Commissioner is applying for a Conditional Use Permit for property the Commissioner owns, that Commissioner should not participate in the decision on the CUP. Section 87103(b). The Commission should be aware, however, that Section 87103(b) also applies to real property that is indirectly affected by a decision of the Commission. There are specific guidelines applicable to a decision that is indirectly affected by a decision: "(e) The effect of a decision is material as to real property in which an official has a direct, indirect or beneficial ownership interest (not including a leasehold interest), if any of the following applies: (1) The real property in which the official has an interest, or any part of that real property, is located within a 500 foot radius of the boundaries (or the proposed boundaries) of the property which is the subject of the decision, unless the decision will have no financial effect upon the official's real property interest. (2) The decision involves construction of, or improvements to, streets, water, sewer, storm drainage or similar facilities, and the real property in which the official has an interest will receive new or substantially improved services. (3) The real property in which the official has an interest is located outside a radius of 500 feet of the property which is the subject of the decision it is presumed that the decision will not have a reasonably foreseeable financial effect (but it=s a rebuttable presumption) Regulation 18702.3 [emphasis added].'1' It is the decision of the individual Commissioner whether his or her "financial interest" constitutes sufficient reason to disqualify himself or herself from consideration of a particular matter. It is therefore important that a Commissioner be on the alert to identify at an early stage any real or potential conflicts of interest, and that he or she acts accordingly. Should a Commissioner need assistance in determining whether a conflict exists, the City Attorney's office may be called. With respect to some potential conflicts, it may be necessary to request an opinion from the Fair Political Practices Commission (FPPC). We can provide you with the telephone numbers of appropriate FPPC staff members or place calls on your behalf. Under recent decisions of the FPPC, the fact that a Commissioner relies on the opinion of the City Attorney does not protect that Commissioner from enforcement actions by the FPPC, if the City Attorney's advice was erroneous. Members of the Commission may be among those public officials who are required by Government Code Section 87200 to file a statement disclosing investments and interests in real property. If so, staff will provide you with these statements, which must be re -filed annually. 7/ Regulations of the Fair Political Practices Commission, found at Title 2, Division 6 of the California Code of Regulations. The Eight Steps of A Conflict Of. Interest Analysis 1. Are you a public official within the meaning of the rules? 2. Are you making, participating in making, or influencing a governmental decision? 3. Do you have an economic interest in the decision? 4. Is your economic interest directly or indirectly involved in the decision? 5. Are the financial impacts on one=s economic interests considered important (material) enough to trigger a conflict of interest? 6. Is it reasonably foreseeable (substantially likely) that the governmental decision will result in one or more of the materiality standards being met for one or more of your economic interests? 7. Does the Apublic generally® exception apply? 8. Even if you have a disqualifying conflict of interest, is your participation legally required? 1. Are You A Public Official Within The Meaning Of The Rules? All appointed commissioners are public officials for purposes of a conflict of interest analysis. 2. Are You Making, Participating In Making, Or Influencing A Governmental Decision? Typical activities that fall under this section are deliberating, voting, making recommendations or even communicating to someone who will be involved in the decision -making process. Other activities include responding to public comments, negotiating or researching materials relating to a decision on behalf of a public agencycwhether or not these activities occur in the context of a public meeting. The issue is whether officials are using their official positions to influence or attempt to influence a governmental decision. If the answer to this question is Ayes,® go on to step 3. If the answer is Ano,® then there is no conflict of interest for purposes of the Political Reform Act. 3. Do You Have An Economic Interest In The Decision? There are six different ways in which an official may have an economic interest in a decision: 1. Real Property. Investing $2,000 or more in real property creates an economic interest. The interest may be held by an official, the official=s spouse and children or anyone acting on their behalf. Real property interests can also be created through leaseholds, options and security or mortgage interests in property. 2. Sources of Income. Receiving $500 or more in income from one source within twelve months prior to the decision creates an economic interest. This includes a community property interest in a spouse=s income. 3. Business Investment. An economic interest is created if an official, the official=s spouse or dependent children or anyone acting on their behalf has created an investment worth $2,000 or more in a business entity even if the official does not hold an investment interest or receive income. 4. Business Employment or Management. If a public official serves as a director, officer or partner, trustee, employee or otherwise serves in a management position in a company, an economic interest is created. 5. Gifts. The receipt of gifts of $360 or more in a twelve month period prior to the decision from any one person or organization creates an economic interest regardless of whether the gift -giver is in the agency=s jurisdiction. If an intermediary gave an official the gift, the official has an economic interest in the intermediary. Additionally, if an official has been promised a gift of $360 or more within a twelve-month period prior to the decision, an economic interest has been created. 6. Personal Financial Effect. An official has an economic interest in the official=s own expenses, income, assets or liabilities and those of the official=s immediate family. If the agency=s decision would affect the official personally by causing any expenses, income, assets or liabilities to change in a twelve-month period, the decision has a personal financial effect on the official. What Constitutes a Year? The timeline for determining whether you have an economic interest is twelve months preceding the governmental decision in questioncnot the calendar year. If the requirements for having an economic interest are met, proceed to step 4. If the answer is Ano,o then there is no conflict of interest for purposes of the Political Reform Act. 4. Are Your Economic Interests Directly Or Indirectly Involved In The Decision? • If a decision directly affects a public official=s economic interests, a greater risk of bias exists. An indirect effect will pose less of a risk of a bias. The test for whether an interest is directly affected varies according to the type of economic interest involved. Directly Involved. The most general test provides that if one=s economic interest is the applicant or the subject of the decision, one=s economic interest is directly involved. For instance, if the source of income or business entity in which an official has a financial interest initiates a proceeding before the official=s agency, is a named party, or if the decision involves issuing, renewing, approving, denying or revoking a license, permit or other item for that business, the official=s economic interest is directly affected by the decision. Likewise, if the official=s personal finances or a family member=s personal finances are involved, the official=s economic interests are directly involved. Real Property Interests Your real property is directly involved in a decision if your property is within 500 feet of the boundaries or proposed boundaries of the property that is the subject of the decision or if the decision involves one of the following with respect to your property: • Zoning, rezoning, annexation, de -annexation, sale, purchase, lease, or inclusion in or exclusion from any governmental subdivision of the property; Issuance, denial or revocation of a license, permit or other land use entitlement; • Designation of the survey area, selection of the project area, adoption of the preliminary plan, formation of a project area committee or adoption of the redevelopment plan; or • Construction of, or improvements to, streets, water, sewer storm drainage or similar facilities and the real property will receive new or improved services (excluding repairs, replacement or maintenance of existing services). Indirectly Involved. Generally, if an official=s economic interest is not the subject of the decision; the official=s economic interest is indirectly involved. Once there is an answer to step 4, proceed to step 5. 5. What Are The Standards For Determining Whether Your Economic Interests Are Considered Important (Material) Enough To Trigger A Conflict Of Interest? For each economic interest, an official must determine whether the impact of the decision is important enoughca concept known as Amaterialocthat it presents a problem under the Political Reform Act. The standard for materiality varies for each type of economic interest. The answer to step 4 shapes the answer to this question. The rules in this area are complicated. If one has reached this step, the official should consult with the City Attorney who can evaluate the facts. The City Attorneys= advice will also reflect a full examination of the current and relevant authorities, especially since the law in this area frequently changes. A general discussion, though, of the most common situations follows. Note: It does not matter if the financial impact is positive or negative. Even if the impact of the decision an official would make would have a negative impact on the officials interests, a conflict of interest still exists under Political Reform Act. Business Entities. If the business entity in which an official has an economic interest is directly involved in a decision, the effect is considered material if there is any financial effect on the business. Note that there is an exception when the investment is in a Fortune 500 or New York Stock Exchange company and is less than $25,000. State law creates other monetary thresholds. The City Attorney=s office will be able to provide the most relevant and up-to-date information. Sources of Income and Gifts. Any reasonably foreseeable financial effect on a person who is a source of income or giver of a gift to an official, and who is directly involved in a decision before the official=s agency, is deemed material. What If A Decision Affects My Or My Spouse=s Salary? General Rule. In most instances, a decision will have a material financial effect on your personal finances if your finances are affected by $250 or more in a twelve- month period. Governmental Salaries. A decision that affects only the salary, per diem or reimbursement to you or your spouse from local, state or federal government is - 20 - different. The effect is not considered material unless the decision involves actions such as hiring, firing, promoting or taking disciplinary action with a financial sanction against you or a member of your immediate family. The decision will have a material financial effect on you, though, if the decision affects your salary or the salary of your immediate family in a manner that is different from salaries paid to other agency employees in the same job classification or position. Real Property. If a real property interest is directly involved in the decision, the effect is considered material unless an official can prove that the decision will not have an effect on the value of the property. If one=s real property interest is indirectly involved, the effect is presumed not to be material unless there are special circumstances involved that would make the decision have a material financial effect on the property. If an official has a leasehold interest in property that will be directly affected (see step 4), the decision will be considered to have a material effect unless the official can show that the decision will not have an effect on the leasehold (for example, no effect on the termination date of the lease, the amount of rent, the value of sublease rights, or the use or enjoyment of the leased real property). If the leasehold interest will be indirectly affected, the decision will be considered not to have a material effect unless certain conditions would arise (the decision will change the use of the property, affect rent by five percent within any twelve month period or change the termination date of the lease). Once one knows which materiality standard applies to an economic interest, proceed to step 6. 6. Is It Reasonably Foreseeable (Substantially Likely) That The Governmental Decision Will Result In One Or More Of The Materiality Standards Being Met for One Or More Of Your Economic Interests? After evaluating steps one though five above, an official must decide whether it is reasonably foreseeable that the decision will have a material impact on the official=s economic interest. The Fair Political Practices Commission has provided guidance on analyzing foreseeability, which is available on the Commission=s Web site (www.fppc.ca.gov). If it is reasonably foreseeable that one=s economic interest will be materially affected, then the official must proceed to step 7. If it is not reasonably foreseeable that there will be a material financial effect, then the official does not have a conflict of interest under the Political Reform Act. In close situations, it is wise to err on the side of caution. 7. Does The APublic Generally® Exception Apply? Step 7 is an exception to the conflict of interest rule. If a significant segment of the public would be affected by the agency=s decision in substantially the same manner as a public official would be affected, the exception applies. The thought is that the official will be less biased in these situations. This rule should be closely examined by the City Attorney before being applied, especially since the Fair Political Practices Commission has adopted regulations to determine what a Asignificant segment® of the public is, depending on the specific facts surrounding the decision. 8. Even If You Have A Disqualifying Conflict of Interest, Is Your Participation Legally Required? Step 8 is another exception to the conflict of interest rule. If the official with the conflict of interest does not participate in the decision, will the agency be prevented from acting in a situation in which it must legally act? In other words, will the agency lack a quorum and is there no alternative means of making the decision? This rule cannot be used to break a tie, when a quorum can be convened without the conflicted official or when a non -conflicted member of the agency is absent. Again, the City Attorney should closely examine this rule and an official=s situation before this rule is applied. . If this exception applies, the conflicted official may participate in the decision. If it does not apply, the conflicted official has a conflict of interest under the Political Reform Act and may not participate. POLICY CRITERIA FOR DETERMINING MINOR AND MAJOR MODIFICATIONS FOR DEVELOPMENT PROJECTS It is the intent of every approval that the project be developed in substantial compliance with the plans submitted and approved by the Planning Commission. The City recognizes that modifications and adjustments to projects are sometimes necessary due to field conditions or other aspects of the development. With this in mind the City adopted provisions in Sections 17.38.065, 17.42.065 and 17.46.070 of the Zoning Ordinance which state that after a Variance, Conditional Use Permit or a Site Plan Review application has been approved, the City Manager or the Planning Commission - while construction is taking place - may consider modification(s) to the approved plans and/or to any conditions imposed, when requested by the applicant. The City Manager or his designee has the authority to review and act upon minor modifications, and the Planning Commission has the authority to review and act upon major modifications. Minor modifications when approved by the City .Manager, or his designee, are considered an administrative action and do not require .ra public Bearing.` s Major modifications are recognized as a new project and are subject'to a public' hearing. Any proposed modification that triggers discretionary ; review 'is considered ."major" modification. Pursuant to the above provisions of approval of discretionary permits, the City Manager is required to establish criteria for minor and major modifications. The following is a list of projects that are intended to serve as an illustrative guideline to determine if a project modification is to be deemed "minor" or "major". The list is not all-inclusive. Other and/or similar requests for modifications may not always be based on the examples listed therein. Prior to rendering a decision as to whether the proposed project could be considered "minor" or "major," City staff will evaluate the Planning Commission's conditions of approval imposed at the time the project was initially approved, records and minutes of the public hearings and the property's prior history. Staff may also require that the applicant notify neighbors and inform them of the project amendment. EXAMPLES OF MINOR AND MAJOR MODIFICATIONS TO PROJECTS MINOR MODIFICATION MAJOR MODIFICATION Cut or fill of no more than 3 feet Cut or fill of more than 3 feet Enlarge the building pad or limit of grading by no more than 2,000 sq.ft. when the total disturbance does not exceed the max. permitted of 40%. Enlarge the building pad or limit of grading by more than 2,000 sq.ft. Move a pool or pool equipment area to other location (not triggering discretionary review) Reconfigure a pool/spa where the total water surface area does not exceed 100 s.f. and which does not trigger SPR Increase of pool size by more than 100 sq.ft. than originally approved Reduce the size of structure; or enlarge structure where trade off is proposed for reducing a structure elsewhere Larger than approved structure, where no trade off is proposed Add or move garden walls or planter walls; extend a wall, (3' high or less) Additional walls, more than 3' high Raise the building pad, driveway or height of structures by no more than 12 inches Raise the building pad, driveway or height of structures by more than 12 inches Import or export of dirt, 500 c.y. or less, when meet City requirements (Sections 15.04.150 & 15.04.170) Import or export of dirt over 500 c.y. Minor shift of the structure, i.e. move the house or other structures 5 or so feet in one direction or another Additional square footage to a previously approved house/garage (additions to approved rec.rm., guest hs. and similar requires a CUP) Change in slope configuration (from more steep to less steep), where the limit of grading is no greater than 2,000sq.ft. from the approved limit of grading Change in slope configuration (from less steep to more steep) Add an outdoor kitchen, barbeque, fire place, trellis Modification requiring a second driveway Change out of square footage of structures, where the total structural coverage does not change, (i.e. decrease size of house for additional trellis or for a larger garage; remove attached trellis/porch to construct a detached trellis) Projects, which are determined by the City Manager/ Planning Director to be similar to and likely to have similar or greater impacts than those projects enumerated above. Temporary access way for construction materials delivery (may require Bldg. Sr Safety review) EXAMPLES OF MINOR AND MAJOR MODIFICATIONS TO PROJECTS Page 2 of 4 MINOR MODIFICATION MAJOR MODIFICATION Add a basement (w/o grading) Modification to driveway or approach (Traffic Commission approval is required for new or enlarged driveway approach) Deeper than anticipated excavation for caissons or to locate bedrock, where no additional surface area is graded; or if graded for access or work area, then it must be restored to pre -disturbed condition - Projects, which are determined by the City Manager/Planning Director to be similar to and likely to have no greater impacts than those projects enumerated above. Staff's decision may be appealed to the Planning Commission, pursuant to Chapter 17.55 of the Zoning Ordinance. Page 3 of 4 City ofiellin, fidZ INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 Planning Commission Orientation Agenda Meeting #1 1. Role of the Planning Commission and a Planning Commissioner a. Chairperson, Member b. Discretionary Review 2. Economic Interest, Conflict of Interest, Brown Act 3. The process for cases a. Packets b. Field trips c. Deliberations d. Resolutions 4. General Plan and Municipal Code a. Guidelines, Regulations b. Variances, CUPs c. Commission approval vs over-the-counter administrative approval 5. Review of example agenda, packet and minutes 6. RHCA 7. Committee on Trees & Views 8. Questions 9. Schedule next meeting Printed on Recycled Paper C1t, olleo ll.•,.s Jd.�lL INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 Planning Commission Orientation Agenda Meeting #1 1. Role of the Planning Commission and a Planning Commissioner a. Chairperson, Member b. Discretionary Review 2. Economic Interest, Conflict of Interest, Brown Act 3. The process for cases a. Packets b. Field trips c. Deliberations d. Resolutions 4. General Plan and Municipal Code a. Guidelines, Regulations b. Variances, CUPs c. Commission approval vs over-the-counter administrative approval 5. Review of example agenda, packet and minutes 6. RHCA 7. Committee on Trees & Views 8. Questions 9. Schedule next meeting Printed on Recycled Paper CURRENTLY UNDER CONSTRUCTION OR RECENTLY APPROVED PROJECTS: New Homes or major remodel including demolition of large areas of the existing home; 8 Maverick 0 pine Tree Lane 3 Appaloosa -grading for a home 3 Meadowlark 5 Buggy Whip 40 Eastfield 49 Eastfield 38 Saddleback 29 Crest Rd E. 5 Johns Canyon Rd. 17 Crest Rd. E. -getting ready to grade for new home 26 Georgeff- recently approved for large addition 5 Flying Mane Road - recently approved for a large addition 26 Cinchring - recently approved for re -grading the exterior; re -contouring much of the lot, pool 6 Portuguese Bend Rd -recently approved for a new home 8 Crest Rd. E. -recently approved for a new home r r R, The "Riggins Rules": SUGGESTED DO'S & DON'TS FOR THE CONDUCT OF PUBLIC HEARINGS AND THE DEPARTMENT OF MEMBERS OF BOARDS, COMMISSIONS, & OTHER BODIES by Fred Riggins 1. Don't accept an appointment or nomination to a Board, Commission, or Council unless you expect to attend 99.9999 percent of the regular and special meetings, including inspection trips, briefings and public functions where your presence is expected If your participation falls below 85 percent during any six months' period you should tender your resignation. You aren't doing your job. You aren't keeping will enough informed to make intelligent decisions, and you are making other people do your work for you and assume your considerable responsibility. Your effectiveness and the regard given to your opinions by other member will be direct - ration to your attendance. 2. Do create a good impression of city government. Remember that this is the first important contract that many of the people in the audience have had with the administration of their city and for some this is the most important matter in which they have ever been involved. Many will never be back again and many will never have another such contact and experience. (Editor's Note: The "Rigging Rules" were brought to my attention by Bev Moody. Bev spent 26 years with the City of Phoenix Planning Department before moving to his current position with the Arizona Department of Commerce. During that time he knew the late Fred Riggins, a former Chairman of the Phoenix Planning Commission and author of theis "Suggested Do's & Don 'ts " (since retltlted the "Riggins Rules" in his honor). Bev Moody notes tha the Riggins Rules have been left just as Fred Riggins wrote them in 1967 "because in their bluff crusty, no-nonsence style, the man himself shines through.'" As Bev further:explains, 'you may notice that Mr. Riggins did not follow the principles of non-sexist language that prevail today ... please be forginving as he was raised in and wrote these in less sensitive times - and it doesn't detract from the good advice he offers." Your performance will create in their minds the picture which they will always carry with them of "the way the city is run." Make it a pleasant and comforting a picture as possible. 3: Do be on time, If the hearing is scheduled at 7:30, the gavel should descend at the exact hour, and the hearing begin, if there is a quorum. If you have to wait ten minutes for a quorum and there are 100 people in the room the straggler has,wasted two full working days of someone's time besides creating a very bad beginning for what is a very important occasion for most of those present. 4. Don't dress like a bum. Shave, wear a tie, and remember that a coat is never out of place. The people in the audience think you arc a very important person. Don't disappoint them by your appearance, conduct, and attitude. 5. Don't mingle with friends, acquaintances, unlmown applicants or objectors in the audience before the meeting or during a recess period, if it can be politely avoided. You will invariably create the impression with the uninformed that there is something crooked going on, especially when you vote favorably on the case of the applicant you were seen conversing with. When the other fellow's case conies up and you deny it, he says, "Well, it's easy enough to see that you've gotta know the right people if you ever expect to get anywhere around here." Save your socializing and fraternizing for some other time and place. 6. Don't discuss a case privately and as a single member of a body with an applicant or objector prior to filing and prior to the hearing if it can be politely avoided. In the event that it is not avoidable, and many times it is not, be very noncommittal, don't be too free with advice, and by all means explain that you are only one member of the body, that you have not had an opportunity to study the matter thoroughly, that you have not seen the staff recommendation, and that you have no way of knowing what opposition there may develop or what will occur at the public hearing. Be certain that the person concerned understands that you cannot commit yourself in any manner, accept to assure him that he may expect a fair and impartial hearing. Evenif the case looks pretty good to you, it is wise to be pessimistic about his chances of securing approval. If you give him any - encouragement and any advice and he is denied, he will hate you until your dying day and tell everyone in town that he did just exactly what you told him to do and then, like a dirty dog you voted against him. 7. Do your homework. Spend any amount of time necessary to become thoroughly familiar with each matter which is to come before you. It is grossly unfair to the applicant and to the City for you to act on a matter with which you have no previous knowledge or with which you are only vaguely familiar. And you will make some horrible and disturbing decisions. 8. Don't indicate by word or action how you intend to vote during the portion of the hearing devoted to presentations by the applicant, presentations by any persons appearing in objection, and comments by members of the staff. During this period your body is the judge and the jury and it is no more appropriate for you to express an opinion as to the proper decision, prior to hearing all of the testimony, than it would be for a judge or jury member to announce his firm conviction in the middle of a court trial regarding the guild or innocence of the defendant. This is not clearly understood by a majority of persons sitting on hearing bodies. It is not too difficult to phrase one's questions or comments in a manner that implies that you are seeking information rather than stating an irrefutable fact and that your mind is closed to further argument. One does not say, " I happen to know that the applicant has no intention of placing an apartment building on this site. In fact, it has been sold subject to zoning and the purchaser intends to u a mobile home park here if he can get a special permit." Rather than this, one could say, "We have been furnished with some information which indicates that perhaps your plans are not too firm regarding the development you purpose. In fact, there are some who are concerned about a rumor that the property is being sold and that the new owner planned to put a mobile home park at this location, if he can secure the necessary permit. Would you care to comment on this concern of the neighborhood and tell us if is any truth in this rumor?" The same result is accomplished, the information is brought out and made part of the record and you don't look as if you are leading the attack to secure defeat to the applicant's request. 9. Don't fail to disqualify yourself if either directly or indirectly you have any financial interest in the outcome of the hearing, and let your conscience be your guide where it could be said that moral, ethical, political, or other considerations, such as personal animosity, would not permit you to make a fair and impartial decision. In disqualifying yourself, do not state your reasons inasmuch as the mere stating of your reasons can be construed as exerting undue influence on your fellow member. To avoid all accusations of undue influence, it is generally wise to leave the room and ask that the record show that you,did so and that you did not indicate by work or action whether you were in favor of, or opposed to, the matter under discussion. 10. Do rotate the seating in some regular manner each successive meeting to prevent a "strong" member from gradually dominating a "weak" and indecisive member always seated next to him. This will also prevent the forming of little cliques or a not infrequent • grouping of members to the left of the Chair who always opposes those to the right of the Chair, regardless of the merits of the case, to the great detriment of the applicant, the City and other interested parties. 11. Do be polite and impartial; as helpful as possible to the nervous, the frightened and the uneducated, and patient with the confused. 12. Do be attentive. Those appearing before you have probably spent hours and hours preparing and rehearsing their arguments. The least you can do is listen and make them think that you are as interested as you should be. Refrain from talking to other members, passing notes and studying unrelated papers. 13. Don't interrupt a presentation until the question period, except for very short and necessary clarifying remarks or queries. Most applicants have arranged their remarks in a logical sequence and the thing about which you are so concerned will probably be covered if you can force yourself to be quiet for a few minutes. You can wreck his whole case by a long series of unnecessary questions at the wrong time. He will be your enemy forever. 14. Don't permit more than one person at the podium and . • microphone at any one time. 15. Don't permit a person to directly question or interrogate other persons in the audience. All questions should be addressed to the Chair and to the hearing body. When this person has finished his discussion and stated the questions to which he would like to have answers, then the Chair will permit those who' care to make an answer to come forward and do so, but only voluntarily. Do not permit anyone to demand answers to all and sundry questions, especially if it is obviously done for the purposes of harassment. . 16. Don't use first names in addressing anyone at all during the course of the hearing. This includes audience, applicants, members of your particular body, even if the person concerned is your brother or your best friend. Nothing, repeat nothing creates a more unfavorable impression on the public than this practice. It is poor "hearing manners," destroys the formality of the occasion, and makes the uninformed certain that some sort of "buddy -buddy deal" is about to be consummated. If you just can't bring yourself to call someone Mr. or Mrs. Use the third person form and him "the applicant," or "the person who is objecting," or "the gentleman (or lady)," who is appearing here in connection with this case. 17. Do show great respect for the chair always addressing the Chairman as "Mr Chairman," "The Chairman," or "Chairman Jones," and always wait to be recognized before continuing. This will set an example for • applicants and others wishing to be heard and will contribute a great deal toward the orderliness of the proceedings. 18. Don't be critical of attorneys who sometimes feel impelled to give unnecessarily lengthy presentations on behalf of their clients. Avoid the strong temptation to make matter as difficult as possible for them. They are just trying to make a living and must convince their clients that they are really earning the rather substantial fee which they feel their service merits. 19. Don't indulge in personalities and don't permit anyone else to do so. 20. Don't try to make the applicant or any other person appearing before you look like a fool by the nature of your questions or remarks. This is often a temptation, especially when it is apparent that someone is being slightly devious and less. than forthright in his testimony. But don't do it. If you must "expose" someone, do it as gently and kindly as possible. 21. Don't become involved in .altercations. Some persons seem to come to hearings with the express purpose of "telling them guys down there how the cow ate the cabbage." If you answer their irrelevant rantings, you are immediately involved in a fight. Don't answer or try to defend yourself. You are there to hear testimony and make decisions based thereon, not to head up a debating society. Remember your the judge and the jury. In most cases, it is sufficient to say, "thank you very much for coming here and giving us the benefit of your thinking. I am sure that the members of this body will find your remarks serious consideration when they are making their individual determinations on the merits of this case. Ls there anyone who wishes to be heard?" 22. Do invite interested persons to come forward where they can see when an applicant is discussing or talking from a diagram, site plan, or exhibit which is not visible to the audience. 23. Do not permit people to speak from the audience. If it is important enough for them to speak at all, it is important enough from them to be recognized, come forward, give their name and address and say what they care to, if their remarks are pertinent. 24. Do not permit people to leave the podium and microphone and approach closer to the hearing body except in unusual circumstances, usually to show a small exhibit or to explain some detail. This ordinarily breaks down into a small mumbling session at one end of the dais with one or two members of the hearing body, the others are uncertain about what is going on. The conversation usually does not get recorded, cannot be heard by the audience, and is almost impossible to control from the Chair. 25. Don't become involved in 43, neighborhood quarrels or wind up as the referee even if you are a veritable Solomon. No matter how fair or impartial you should be, both sides will be mad at you. Stick to the merits of the case and rule out -of -order testimony which is irrelevant, personal, hearsay, and not pertinent to the matter being heard. 26. Don't be vindictive and "punish" the applicant for some real or imagined affront to you or your Body on some previous occasion, perhaps bearing no relation to the present hearing. It must be assumed that he is there legally, he has a right to be heard, and he has a right to a fair and impartial hearing on the merits of his present case without reference to something which he might or might not have done in the past or will perhaps do in the future. 27. Don't try to be a hero to beautiful women, little old ladies, a widowed mother with tiny infants in their arms and the financially and socially distressed. Be sympathetic but objective, and don't get carried away with such a strong desire to help that you throw the rule book out the window. Ninety-nine times out of a hundred you will do them some questionable service at the expense of their neighbors or the City and your kind -hearten action will come back to haunt you much sooner than anyone could have imagined. Stick to the rules. 28. Don't assume the role of a fairy godfather to those who have become involved in bad business deals or other self- imposed difficulties. • 29. Do not fail to give a reason when making a motion for approval or denial of an applicant's request. If you fail to do this, the applicant, any objectors, a reviewing body of higher authority, or the courts may well assume that your decision was an arbitrary one not supported by the facts and should be reversed. Always mention the staff recommendation. 30. Do not take staff recommendations lightly. These recommendations are made after much study by professional people with years of experience in their field and are based on pertinent laws, ordinances, regulations, policies, and practices developed by you and your predecessors. The recommendations of a good staff in possession of all the facts will almost always produce a technically correct recommendation. Your job is to temper this recommendation with information developed during the hearing which was not available to the staff. It is not unusual for staff to voluntarily revers or change the details of its recommendation during the course of a hearing. Always announce the staff recommendation prior to hearing any testimony and always make appropriate mention of it in the final decision. 31. Don't forget that the staff is there to help you in any way possible. It is composed of very capable professional people with vast experience. Lean on them heavily. They can pull you out of many a bad spot if you give them a chance. Or they may just sit and let you stew, if you do not give them the respect which is their due. Remember that their usual practice is to remain silent unless they are specifically asked to comment. Most of them consider it presumptuous and unprofessional to inject any unsolicited comments into the hearings. Always ask them to comment prior to the final vote. 32. Don't try to answer technical questions even if you are sure that you know the answer. You probably don't and will wind up looking like a fool. Refer these matters to the staff. That is one of the things they are there for. They have intimate day -by day working experience with all pertinent ordinances and can nearly always give a timely, up -to -the -minutes, professional dissertation on any subject in their field. And besides, it makes them more important and helps create an image of competency which is most helpful in assuring the public that their case has received more than cursory glance and an arbitrary decision. Lay members of a hearing body who "explain" ordinances to the audience usually wind up their less than accurate remarks with the pretty lame comment, "That's the way I understand it and I would appreciate it if the staff would correct me." The staff usually does correct them, and ordinarily at some length. Don't try to show how smart you are, because you're not. 33. Don't try to ease your conscience and toss the applicant a bone by granting him something less than he asked for, something he doesn't want, and something he can't use. In all cases where it is appropriate, give him what he asked for or deny it. To do otherwise will only encourage applicants to ask for the "moon and the stars" in the hope that they will, at the worst, get the minimtun requirements. A reputation for approving or denying • applications as filed will result in much more realistic requests and make you, job much easier. 34. Do vote by roll call except for routine administrative matters. This is wonderful character training for each member of the body and emphasizes the "moment of truth" when he must look the applicant in the eye, make his own individual decision, and say "aye" or "nay" in a loud clear voice, all alone, with no one to hide behind the alternate voting method is difficult for the Secretary to record, doesn't mean anything on a tape recording, is many times quite confusing and gives cowards an opportunity to change their minds and vote twice when they are caught in the minority. 35. Don't show any displeasure or elation, by word or action over the outcome of a vote. This is very bad hearing manners and won't lead to the maintenance of a friendly cooperative spirit among members of a Body. It will lead to the creation of little cliques whose members vote in a block and become more interested in clobbering each other than in making fair and equitable decisions. 36. Do discourage any postmortem remarks by applicant, objectors, or member after the final vote and decision is announced, especially those afterthoughts designed to reopen the case. It will invariably result in an unpleasant wrangle. Just say, "I'm sorry, but the final decision has been made. If you wish to submit additional testimony, it will be necessary for you to state your reasons by letter and the Body will decide at a subsequent mating whether or not they wish to reopen the case. The next case Qn the agenda will be..." 37. Do not hesitate to continue a case or take it under advisement if more information or greater deliberation is truly necessary, but do not use these administrative actions merely to avoid or delay making a decision before a hostile applicant or audience. 38. Do sit down and have a long soul searching session with yourself if you find that you are consistently "out in left field" that no one seems inclined to second your profound motions, and that you are quite often a minority of one. You might be theoretically right, and probably are, but give some thought to what is practical, possible and just. Don't be "stiff-necked" in you opinions. Give a little. 39. Don't select chairmen on a seniority basis alone and dont's pass the office along from member to member as a reward and home. The nicest guy in the world, the hardest working, the most interested and your most valuable member can be indescribably horrible in the Chair. This is just one of those facts of life which is hard to explain, but, unfortunately, all too true. As occasion presents itself, give prospective chairmen a chance to preside, head up a subcommittee, report on special projects, and otherwise prepare themselves and demonstrate their abilities and leadership under pressure.