The Los Altos Hills City Council has questioned planning commission decisions in the past. Now members are questioning commission continuances of applications.
The council last week appealed for immediate action on two applications for new houses that the planning commission had reviewed and continued to a future meeting.
Mayor Elayne Dauber put the item on the agenda to change the wording of site development ordinances and limit council appeals to “substantive decisions.”
“We want all the reasons in front of us why an application to the planning commission is appealed by the council,” Dauber said. “I want to see the findings.”
In 1999, the council streamlined the planning process and reviewed the role of the planning commission. It specifically left it to the planning commission to review those projects deemed necessary by the planning director.
In a letter to councilmembers May 26, planning commissioner Dot Schreiner commented she has been part of a recommending body for many years and never has the planning commission’s first continuance on an application been appealed.
The commission’s charge is to follow the codes and ordinance and listen to all the testimony. The 1999 ruling allows an appeal but only if the hearing is closed and then a determination is made. “The Planning Commission can just open the public hearing. How does this serve the public?” Schreiner asked.
“Appeal of matters being reviewed by the planning commission before they have concluded their work effectively allows one member of the council to remove all the power from the planning commission without a majority vote of the council,” Dauber said.
“The planning commission can play games with the applicants. We are giving up a power that we should exercise,” said Councilman Steve Finn.
Councilman Bob Johnson said one or two councilmembers can eliminate the planning commission by appealing every application.
Dauber asked commissioners to comment in writing on the appeal.
Planning Commissioner Carl Cottrell wrote, ” … perhaps there is no need at all for the planning commission.”
“Most applicants don’t know they have the right to appeal,” Casey said. “That gives us the right to appeal.”
Councilwoman Emily Cheng proposed the council should send a message to the planning commission to give the applicant the choice whether to continue the application in front of the planning commission or appeal the application to the council. On a 3-2 vote, the council agreed on the suggestion.
