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HomeMy WebLinkAbout11/8/2005PLANNING • •FILE COPY AGENDA Study Session - 5:30 P.M. South Coast Air Quality Management District/ Government Center - Conference Room CC -8 21865 Copley Drive Regular Meeting - 7:00 P.M. South Coast Air Quality Management District/ Government Center Auditorium 21865 Copley Drive Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 Copley Drive, and are available for public inspection. if you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. a refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same Chairman Joe McManus Vice Chairman Ruth M. Low Commissioner Dan !Nolan Commissioner Kwang Ho Lee Commissioner Tony Torng Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 Copley Drive, and are available for public inspection. if you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. a refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time ted for public testimony based on the number of people requesting to speak and the business of a�{CCa�o,.. v, p� .0 , y ., r,._�._ _�__ the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(a)ci diamond-bar.ca.us Next Resolution No. 2005-36 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, November 8, 2005 AGENDA STUDY SESSION: South Coast Air Quality Management District/Government Center, Room CC8 - 21865 Copley, Diamond Bar, CA CALL TO ORDER: 5:30 p.m. • Information regarding zone changes • Information regarding Country Hills Town Center PUBLIC COMMENTS ADJOURNMENT: REGULAR MEETING: South Coast Air Quality Management District/Government Center Auditorium - 21865 Copley, Diamond Bar, CA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe McManus, Vice - Chairman Ruth M. Low, Dan Nolan, Kwang Ho Lee, Tony Torng 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the .members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman NOVEMBER 8, 2005 PAGE 2 PLANNING COMMISSION 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. 4.1 Minutes of Study Session: October 25, 2005 4.2 Minutes of Regular Meeting: October 25, 2005 5. OLD BUSINESS: 5.1 ®fanning Commission Policy and Procedures Manual - Review and Discussion. Recommendation: Staff recommends that the Planning Commission recommend City Council approval of the Planning Commission Policy and Procedures Manual. 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING(S): 7.1 Zone Change No 2004-1 Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02 - In accordance to Chapter 22 of the City of Diamond Bar Development Code, the applicant has requested the following approval: a zone change from Neighborhood Commercial (C-1) to Community Commercial (C-2) district consistent with the General Plan Commercial designation; a Conditional Use Permit and a Development Review for the renovation of the facade of the existing shopping center totally 221,083 square feet; and a Variance to increase the building height for the proposed three story office/medical office building from 35 feet to 40 feet. The proposed renovations includes the existing 45,031 square feet market building, the existing 21,400 square feet Rite Aid store, the 70,724 square feet of existing in-line shop buildings for retail and restaurant uses with outdoor dinning area, a new 49,100 square feet three story office/medial office building and a new 6,800 square feet two story office/retail building. (Continued from October 25, 2005) Project Address: Diamond Bar Blvd., between northwest corner of Cold Springs Lane and southwest corner of Fountain Springs Road (Country Hills Town Center) NOVEMBER 8, 2005 PAGE 3 PLANNING COMMISSION Property Owner/ MCC Realty Management Applicant: 9595 Wilshire Blvd., Suite 214 Beverly Hills, CA 90212 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA) in accordance to Section 15073(a). The Initial Study and Mitigated Negative Declaration is available for public review beginning September 26, 2005, and ending on October 25, 2005, at the City .of Diamond Bar, City Hall, Community and Development Services Department, Planning Division between the hours of 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Friday, and at the Diamond Bar Public Library located at 1061 Grand Avenue, Diamond Bar, California. Recommendation: Staff recommends that the Planning Commission re -open the public hearing, and forward a recommendation of approval to the City Council through the adoption of the attached resolutions. PUBLIC HEARING(S): 8.1 Zone Change No. 2005-01 — In accordance to Development Code Sections 22.44 and 22.70 — this is a request to change the existing zoning of commercial and industrial properties for the purpose of General Plan compliance. Project Address: Citywide Applicant: City of Diamond Bar Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Sections 15162 and 15168 (c)(2), the City has determined proposed Zone Change No. 2005-01 is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified July 25, 1995. Therefore, further environmental review is not required for the proposed zone changes. Recommendation: Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Zone Change No. 2005-01. 9. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: NOVEMBER 8, 2005 PAGE 4 PLANNING COMMISSION 10. STAFF COMMENTS / INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects 10.2 Status of approved projects 11. SCHEDULE OF FUTURE EVENTS: ELECTION DAY: Tuesday, November 8, 2005 - Polls open VETERAN'S RECOGNITION CEREMONY: PUBLIC WORKS COMMISSION MEETING: VETERAN'S DAY: CITY COUNCIL MEETING PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 12. ADJOURNMENT: 7:00 a.m. - 8:00 p.m. Tuesday, November 8, 2005 — 9:00 a.m. Diamond Bar Center Grand,,. --w Ballroom 1600 S. Grand Avenue Thursday, November 10, 2005 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room - 21865 Copley Drive Friday, November 11, 2005 City offices will be closed. Offices will reopen on Monday, November 14, 2005 Tuesday, November 15, 2005 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Tuesday, November 22, 2005 - 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, November 24, 2005 - 7:00 p.m. SCAQMD/Government Center Hearing Board Room - 21865 Copley Drive DRAFT FT MINUTES OF THE CITY OF DIAMOND BAR STUDY SESSION OF THE PLANNING COMMISSION OCTOBER 25, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 5:38 p.m. Room CC -2 of the South Coast Air Quality Management District/Government Center Building, 21865 Copley Drive, Diamond Bar, California 91765. 1. ROLL CALL: Present: I Chairman Joe McManus; Vice Chairperson Ruth Low; and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner; David Alvarez, Planning Intern; and, Stella Marquez, Senior Administrative Assistant A. Information Regarding the Country Hills Towne Center project TCDD/Fong presented staffs report. She pointed out that the requested zone change is consistent with the City's General Plan and the design for the project requires a Conditional Use Permit and Development Review. In addition, the applicant requested a Variance to deviate on the building heights in order to obtain better visibility from the Diamond Bar Boulevard street grade. Chair/McManus and VC/Low pointed out that that the majority of the proposed businesses are food related (95,000 square feet) and the retail is 50,000 square feet. Without the market the food related businesses total more than 50 percent of the entire area. C/Nolan asked who would pay the difference between the actual cost of $1.4 million in improvements and the $79,000 fair -share contribution and ICCD/Fong responded that other area developments would pay for the difference to mitigate the several intersections named in the report. There are no out-of-pocket expenses for the City with respect to this project. In fact, the total amount covers ultimate development to the year 2016 for the six intersections. C/Nolan asked why there was so much fascination with having a grocery store in the center because two of the nation's largest retailers failed in that location and there had been no grocery store in that location for six plus years. He said he also noticed that residents were managing to find a way to purchase groceries and that according to the parking study that the grocery store would use about a third of the total parking spaces. He wondered if the development company had considered an alternate use for the space and asked if all of the retail spaces were filled with OCTOBER 25, 2005 DORAFT 'PAGE 2 PLANNING COMMISSION STUDY SESSION tenants? ICCD/Fong explained that shopping centers need major anchors to attract shoppers and that the ancillary retail businesses supplement and compliment that major anchor. Chair/McManus asked the applicant to make a presentation and comment on the types of businesses and how the parking was contemplated. VC/Low felt it was important to know if the particular mix of food and retail was good for the City because the City needed retail and food was somewhat limited. C/Nolan said he interpreted mixed use to include living space. C/Nolan asked if the proposed anchor tenant was a certainty and wanted to know if that tenant had experience in the grocery business other than as distributor. ICDD/Fong responded that the applicant was working with a prospective tenant that had 15 or 16 stores and was currently in the business of owning and operating grocery stores. C/Lee asked for a more detailed explanation of the required and shared parking and the difference in numbers. ICDD/Fong responded that the center was required to have 1078 parking spaces and had only 1012 spaces so it appeared that the center was short the required number of parking spaces. However, the City's Development Code allows the center to conduct a shared parking study to meet the required number of parking spaces so the 1004 and 1012 numbers are correct. The 1004 number is the number of parking spaces needed at peak time for the highest use (1:00 p.m.) and the center meets,the peak demand because it has 1012 parking spaces. It is common for a mixed-use shopping center to share parking spaces. C/Torng said he too was uncomfortable with the number of restaurants proposed for the center. Secondly, he was concerned about the proposed height and wanted to know what kind of signage would be placed on the tower. He felt that the median helped to mitigate the massiveness of the entry driveway. He also believed that the center should provide a left -turn signal out onto Cold Spring Lane at Diamond Bar Boulevard. He felt that the main entry was too large and had too many lanes. ICDD/Fong said staff agreed about the entry and the applicant modified the design with a wide landscaped area and waterfeature to narrow the entry leaving two lanes for ingress and two lanes for egress. With respect to the tower for the fast food restaurant (Building #17), the height was anticipated to be within the 35 -foot height requirement. The 49 -foot towers are proposed for the main buildings that sit 20 feet below grade. ICDD/Fong. indicated to C/Nolan that the residences on the west side were more than 200 feet away from the main buildings. The residents would have a view of the OCTOBER 25, 2005 PAGE 3 PLANNING COMMISSION STUDY SESSION fencing adjacent to the channel and then the backside of the building. Generally, the residences are at the same elevation as the main buildings. The medical building is 54 feet high at the peak of the parapet and only the third story of that building would be viewed from Diamond Bar Boulevard. Chair/McManus was concerned about pedestrian traffic and the lack of pedestrian walkways from one area to other areas of the center. VC/Low agreed. C/Nolan asked if staff was aware of how much sales tax the center would generate if it were built out as proposed and ICDD/Fong responded "no." She agreed that in general grocery stores were low sales tax revenue generators and in general, retail was the best sales tax revenue generator. C/Lee pointed out that there was a discrepancy in the number of parking spaces in the report and ICDD/Fong responded that it was a typing error and that 1003 was correct. C/Lee also felt there were too many restaurants and fast food business proposed for the center and wanted to know how many food retailers were proposed. ICDD/Fong explained that the demarcation lines did not necessarily project that there would be five restaurants in one location for example. If the developer found one tenant to occupy the entire 5000 feet of designated restaurant space it could mean one restaurant instead of five. Or, it could be divided into four . smaller restaurants such as Subway, donut shop, etc. VC/Low felt the traffic study neglected the Brea Canyon/Golden Springs and Brea Canyon/Fountain Springs intersections. She was also concerned about whether the high school peak hour traffic was taken into consideration. ICDD/Fong said that the City was implementing traffic mitigation measures along the two streets mentioned that would most likely discourage short trips and cut through. Tom Smith, Environmental Consultant, referred the Commissioners to page 15. The Table indicates that the distribution of traffic on those two streets is quite minimal. Most of the vehicles going to the shopping center will come from Diamond Bar Boulevard. C/Torng said he was told there would be an Asian market at the Center. ICDD/Fong said that the developer was precluded from limiting what types of businesses could locate in the shopping center. Michael McCarthy, applicant, stated that he purchased the property two years ago. As an investor he looks for failed shopping centers where past development failed to capitalize on demographics and other factors that would control the destiny of a particular shopping center. He gave a brief history of the shopping center and said that it suffered as a result of the market closing, a lack of density in the immediate trade area and because it was situated below grade. He pointed out that it is a OCTOBER 25, 2005 PAGE 4 PLANNING COMMISSION STUDY SESSION mistake for developers to design a shopping cente11 r based on what they might like while ignoring what the community and the neighbors in the demographic profile will supporta In this case he spent more than a year on the project attempting to match the center with big box users, destination locations, regional players and national tenants, all of which turned the site down. After about a year he began looking more closely at the demographic base as being 55-60 percent Asian population and at that point he began to get strong interest in the shopping center. As a result, he focused his attention on anchoring the shopping center with an Asian market. Although he has not yet signed a market there are two potential tenants looking at the space. In addition, once the focus was centered on an Asian anchor market he began receiving proposals for the balance of the space, many of which were for food use. This concept is about bringing the neighborhood back into the neighborhood center. He felt that the interest in an Asian market and a variety of food centers would not prevail unless business owners felt they could survive and create synergy within the center. In keeping with ICDD/Fong's vision of the center, he decided to match the architecture with the average household income of residents living in "The Country Estates" because the center would then draw the higher income households as well as the lower income households in the surrounding area. In addition, the center would pull from other areas such as Puente Hills and Rowland Heights. Chair/McManus said the proposal resembled the center at Calabasas and he liked the fact that Calabasas had a 12-15 foot wide sidewalk with trees and park benches and that the center allowed vendors to set up carts on the weekends. Calabasas has a lot more retail but the concept is the same and it is a very user-friendly center. Mr. McCarthy agreed that if an environment were inviting the shoppers would come. Mr. McCarthy responded to C/Nolan that the closest project was the Phillips Ranch shopping center that he purchased in 2001. The center was in worse shape than the Country Hills Towne Center due to deferred maintenance and 50 percent occupancy. Today the center is about 90 percent complete and the total lease area is 124,000 square feet. Some of the old tenants moved into new spaces. Others could not afford the rent and moved to other shopping centers. On average the shop spaces rent for between $1.75 and $2.25 per square foot. He spoke about other projects. C/Nolan asked what grade Mr. McCarthy would give the Country Hills Towne Center and Mr. McCarthy responded that compared to Pomona Ranch the bones of the Country Hills Towne Center are stronger and that the general maintenance and structure are okay to a C+ or B- rating. The difficult part is that the center rests on a lower grade and the issue is how to get around that fact by increasing visibility. 'RA OCTOBER 25, 2005 PAGE 5 PLANNING COMMISSION STUDY SESSION Signage on Diamond Bar Boulevard is important and he said he would be coming back to the Planning Commission with a sign program. Studies indicate the community's need for a medical office building. The focus has been to obtain the City's entitlements and approval for the vision of the retail with the office building being secondary to the anchor tenant. The plan is for Phase I to include the market with the storefront colony extending across the center. Phase II would include the two-story walkup and dovetail into the medical building shortly thereafter. VC/Low asked Mr. McCarthy how much he expected the renovations to cost and how much of it is the developers own money and how much is capital he expects to obtain. Mr. McCarthy responded that the project is fully capitalized and expected it would take another $12 million to complete going forward from the present time. C/Torng asked if Mr. McCarthy expected to complete the project by December 2006 and Mr. McCarthy said he would like to break ground in January 2006. Mr. McCarthy responded to VC/Low that they were close to signing the anchor market and the focus had been on that aspect of the project. At that point the rest of the shopping center would come into line and.the development of the anchor would proceed. VC/Low said she was concerned that so much of the space (two-thirds) was dedicated to food and wanted to know why that aspect would lend itself to making the center a community town center. What about the design makes it a community town center? Mr. McCarthy felt that the medical office and AAA would help balance the remainder of the center and stated that the entire center was about 225,000 square feet and food uses were about 54,000 square feet so the food portion was less than 25 percent of the overall space. VC/Low felt that that too many food spaces may result in a fall out. She asked if Mr. McCarthy had a plan for 25% food, 25% retail, etc., or was it a "free for all" concept according to the interest. Mr. McCarthy felt that his concept would work because he intended to pick from the highest quality restaurants according to types of food and that he had no intention of duplicating the types of foods - he intends to have one pizza parlor, one Chinese food restaurant, one Sushi bar, etc. TCDD/Fong said that staff was working with the applicant on several conditions of approval and since those items had not yet been completed staff would seek a continuance of tonight's public hearing to November 8. Chair/McManus said that the City could request certain things of the applicant but could not restrain trade to any great extent. Having a long history with small businesses, many fail. However, he was certain the applicant would do everything possible to make sure the center was successful. OCTOBER 25, 2005 PAGE 6 PLANNING COMMISSION STUDY SESSION c/Nolan recommended the Planning Commission schedule a field trip to'visit the sites that the developer had successfully rehabilitated. His colleagues concurred. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the study session at 6:50 p.m. to the regular meeting. Respectfully Submitted, Nancy Fong Interim Community Development Director Attest: Joe McManus, Chairman �J'Z: MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 25, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Low led the Pledge of Allegiance. ROLL CALL: Present: Chairman Joe McManus; Vice Chairperson Ruth Low; and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg; Assistant City Attorney; Ann Lungu, Associate Planner; David Alvarez, Planning Intern; and Stella Marquez, Senior Administrative Assistant 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Ian Stewart, 20755 Northampton Street, said that his house was built in 1963. He wanted to build a garage/shop in the backyard area and if he were to meet the City's requirements the building would be about 10 feet from the back of his house leaving 20 feet behind the building to the property line. Since in his opinion a building in that location would not be functional and a poor use of his land he wanted to know if he had any options for placing the building in another location. ICDD/Fong recommended that Mr. Stewart visit the Planning Department at City Hall to discuss the matter. If Mr. Stewart wanted to deviate from the code he would need to apply for a variance and the matter would then come before the Planning Commission. Mr. Stewart said he was told by the City's Planning Department that a variance would not necessarily apply to his situation because the statute does not limit him from building the addition - it merely causes him to place the building in what he considers an inappropriate location. AssocP/Lungu said she spoke with Mr. Stewart and was told he wanted to build a workshop in his backyard. The code requires that the workshop meet the same setbacks as the residence which means that the workshop needs to be 20 feet from OCTOBER 25, 2005 PAGE 2 PLANNING COMMISSION the rear yard line and maintain the five and 10 -foot setback in accordance with -the residential structure and not exceed the 40 percent lot coverage. If Mr. Stewart wishes to place the shop in a different location he must apply for a variance through the Planning Department to be reviewed by the Planning Commission would have to make the findings that related to something unusual about his lot that would cause him to not be able to meet the code rather than claiming a self-imposed hardship. Mr. Stewart said he would bring a site plan back to the Planning Department to determine whether a variance would be possible. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of October 11, 2005 C/Torng asked that his comments (third paragraph on page 3) be moved to after the close of the public hearing. C/Torng moved, V/C Low seconded to approve the Regular Meeting Minutes for October 11, 2005, as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, VC/Low, Lee, Chair/McManus NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Nolan ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: 5.1 Planning Commission Policy and Procedures Manual VC/Low asked if staff could provide a copy of the manual with the old text stricken and the new text underlined. TCDD/Fong responded affirmatively. C/Torng believed that his proposed changes were completed. C/Nolan pointed out that pages 23 and 24 have bullet points that were underlined which would indicate to him thatthe changes were made. VC/Low said she did not want to assume that. Chair/McManus asked that page 16 be revised to rephrase the section regarding motions on amendments to make it clearer. He felt it would be a r, b, P Fi`. rtJ OCTOBER 25, 2005 PAGE 3 PLANNING COMMISSION good idea for new Commissioners to get together with staff to go over the items in the manual. C/Nolan moved, VC/Low seconded to continue review and discussion of the Planning Commission Policy and Procedures Manual to November 8, 2005. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, VC/Low, Lee, Torng Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 ZONE CHANGE NO 2004-1 CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 - In accordance with chapter 22 of the City of Diamond Bar Development Code, the applicant requested the following approval: A zone change from Neighborhood Commercial (C-1) to Community Commercial (C-2) District consistent with the General Plan Commercial designation; a Conditional Use Permit and a Development Review for the renovation of the fagade of the existing shopping center totaling 221,083 square feet; and a Variance to increase the building height for the proposed three story office/medical office building from 35 feet to 40 feet. The proposed renovations include the existing 45,031 square feet of existing in-line shop buildings or retail and restaurant uses with outdoor dining area, a new 49,100 square foot three story office/medical office building and a new 6,800 square foot two story office/retail building. PROJECT ADDRESS: Diamond Bar Boulevard between the northwest corner of Cold Springs Lane and the southwest corner of Fountain Springs Road (Country Hills Towne Center), Diamond Bar, CA 91765 PROPERTY OWNER/ MCC Realty Management APPLICANT: 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 OCTOBER 25, 2005 PAGE 4 PLANNING COMMISSION TCDD/Fong recommended that the Planning Commission open the public hearing, receive testimony and continue the matter to November 8, 2005. Chair/McManus opened the public hearing. Robert Troxel, 2732 Castle Rock Road, said he has lived in the area for 40 plus years and his home is situated directly behind Rite-Aid. On two previous occasions he attempted to have the previous property owner plant trees behind the center's parking lot. He also felt Rite-Aid should move their trash receptacles to the side of the building instead .of over.the;fence from his property because the trash receptacles were rat Infasted. He said he had assurance from the previous ownerthat the air-conditioning units, vent pipes, etc., on top of the buildings would be covered with barriers. He asked the City to include the following in their approval: Plant trees of the same variety that exist behind the theater in the rear access area behind the existing buildings next to the existing fence adjacent to the flood control channel; provide barriers to conceal air-conditioning, vent pipes and other items on the roofs of the original existing buildings; request Rite-Aid to place their trash receptacles on the side of the building rather than against the fence. Rita Myer, 2634 Crooked Creek Drive (north of the theater) has lived in her home for 30 years. She noticed that the center had deteriorated over time especially after losing the grocery store. During the past two years the City has lost the one-hour photo, Subway, The Game Store, Hello Kitty store and the movie theater. Craig Cox, 2615 Rising Star said he was concerned about tonight's hearing because he agreed with the past two speakers. He wanted to know what the new owner intended to do and how he intended to fill the spaces and if the Planning Commission knew what businesses would be located in the center. Chair/McManus explained that the center has a new owner who is in the process of upgrading the center. The new owner presented plans to the Planning Commission tonight during the study session prior to this regular meeting. The owner is spending a lot of money to upgrade the center and has a vested interest in making sure the buildings are filled with tenants. Trushar Patel said his wife is an optometrist and has been at the center since it opened. If the Commission does not approve the plan for rehabilitation the OCTOBER 25, 2005 PAGE 5 PLANNING COMMISSION office will close and move to another location because the center is a ghost center. He said he would really like to see the City approve the plans the new owner has proposed. Lopez Espinosa said he has lived in Diamond Bar for 43 years and lives a block west of the shopping center. The last thing he wants to see when he exits his home is a three-story building. The center needs to be remodeled but a three-story level is not good for his front yard. Dr. Doshi wanted to locate at the center in order to have visibility from the street. When he first moved into the center there was a Ralph's Market, and many other businesses including the theater. He said he was very concerned about the center because it affects his livelihood. In spite of many businesses leaving the center he has survived and thrived. He felt there were too many food courts proposed because in the past food businesses have failed in the center. A medical building sounds good butthere are alreadytoo many empty medical offices in north Diamond Bar. Cecilia Camada said she had watched the center deteriorate to the point that it was no longer a center. As a resident she would like to see a grocery store, a Hallmark shop with a post office and a retail store where she can purchase a gift. She would not like to see a two -or three-story building in the center because she felt the area was too small to house that type of a building. She felt the owner should do something to fix the center but at the same time she believed he needed to survey the residents in the area to learn what types of businesses they would like to have at the center. Sonya Robinson has owned GNC for 12 years and has had her business at the center for that entire time. She was happy to move to the center but the day Ralph's left the center is the day the center began deteriorating and slowly it has "gone to the dogs." It is very difficult to continue paying rent and although she would like to hold on she may have to move to another area because she is not getting any answers about when the new owner is going to help the tenants. Tom Snyder, 2629 Rising Star, asked if there were plans available for public viewing. TCDD/Fong responded that plans were available for public viewing at City Hall and at the Diamond Bar Library. Mr. Snyder said he was concerned about where the three-story medical building would be built. TCDD/Fong pointed out the proposed location of the three-story building close to the childcare area using an overhead site plan. Mr. Snyder asked if the residents OCTOBER 25, 2005 PAGE 6 PLANNING COMMISSION would be notified about what businesses would be locating at the center. Chair/McManus explained that the City recommends what types of businesses go into a center but cannot restrict certain uses. The owner is putting more than $12 million dollars into rehabilitating this center and has a vested interest in making sure that it is successful. Roger Myer, 2634 Crooked Creek Drive asked how long it would take to complete the rehabilitation once the Planning Commission approved the plans. Chair/McManus responded that the owner of the center would like to get started as quickly as possible and possibly by January 2006 because the center was not currently generating any income. The reconstruction will be — done firstand future -.build -out will be -done in, phases after the rehab is completed. Mr. Myer wanted to know if the center ingress/egress would be impaired during construction and ICDD/Fong indicated that the current entry to the center would remain available. Richard Ortiz was also concerned about a three-story building and how it would affect the views of the neighboring residents on Cold Springs. He said he would rather have a three-story building on Diamond Bar Boulevard. Luna Chu, 2953 Rising Star Drive, said she did not believe a three story building was appropriate to back up to a pre-school and in the vicinity of the elementary school on Castle Rock near Evergreen because she feared there would be additional traffic on Cold Springs Lane that would create a safety hazard for the children. She was also concerned that there would not be enough people using the center even after it was built out. She goes to Brea or Chino Hills to shop because there are no places to shop in Diamond Bar and Diamond Bar is like a dead city, a pass through city to go somewhere else. She would prefer to have tenants commit to leasing space before the center was refurbished and more buildings were built. Chair/McManus commented that the City and the new owner were certainly hopeful that there would be increased traffic once the center was refurbished and that traffic mitigation was the primary concern of City staff. Michael McCarthy, applicant, requested the matter be continued to November 8, 2005. Chair/McManus continued the public hearing to November 8, 2005. OCTOBER 25, 2005 PAGE 7 PLANNING COMMISSION S. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Torng said that as a resident and Commissioner he would seriously evaluate the proposed Country Hills Towne Center project. C/Nolan felt the Country Hills Towne Center project was a major concern for Diamond Bar and that the Commission would do its due diligence to put together a recommendation to the City Council that was easily understood and would move forward. This is an opportunity for the City to revitalize the area and he hoped that the new owner would listen to his constituents' needs and wants, and move forward in a good business sense. C/Lee felt that all of the Commissioners were grateful to Mr. McCarthy for his decision to rejuvenate the Country Hills Towne Center. He hoped that the questions and comments put forth by the residents would not discourage Mr. McCarthy from his mission. He said that Mr. McCarthy intends to spend a great deal of money to accomplish his goals and in his opinion, if the City could expedite the approval it would be good for Mr. McCarthy and for the community. Based on his subjective experience C/Lee felt that at least 3,000 people per day would visit the center and take advantage of the food businesses and that they would naturallytake advantage of other businesses within the center. VC/Low agreed with C/Nolan that the concerns are voiced because everyone wants to see a good project for the benefit of the developer and the community. She hoped that staff, the Commission and the property owner could work together to move the project forward in a timely fashion. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: TCDD/Fong stated that prior to the meeting she handed out flyers dealing with the November 3 Emergency Response and Narrow Streets Workshop. Dan Burton will talk about how to improve the walkability of the community. She encouraged the Commissioners to attend the discussion because the information pertains to the form -based code currently under consideration. Staff will provide meeting handouts for those who are unable to attend. ICDD/Fong reported that on October 18 the City Council received a brief report on the form -based code during their study session and the Council would like to schedule a joint meeting to review and discuss the form -based code. TCDD/Fong stated that the City Council also discussed the use of palm trees in the Target and Country Hills Towne Center shopping centers and the City Council directed staff to OCTOBER 25, 2005 PAGE 8 PLANNING COMMISSION compose language that would allow for limited use of palm trees as long as they were grouped together with other types of shade trees. TCDD/Fong confirmed the Commission's intent to forward a recommendation to the City Council to create a program for art in pubic places. ICDD/Fong said she would acquire information from other cities on their programs and place the item on the January agenda for discussion and possible action. Chair/McManus believed that some developers would voluntarily place art in their centers if it were mentioned to them during the approval process. VC/Low congratulated TCDD/Fong on the new look of Von's. Shopping Center. Chair/McManus reiterated his recommendation for new Commissioners to meet with staff to discuss the Commissioner's Policy and Procedures Manual. 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 8:15 p.m. Respectfully Submitted, Nancy Fong Interim Community Development Director Attest: Joe McManus, Chairman INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners VIA: Nancy Fong, Interim Community Development Director FROM: Linda Kay Smith, Development Services Associate SUBJECT: Planning Commission Policies and Procedures Manual DATE: November 2, 2005 On April 14,1998, the Planning Commission adopted a Planning Commission Policies and Procedures Manual which you have previously been given and is enclosed as Attachment '2"(c). After the joint meeting of all City Commission held April 17, 2004, Secretaries of each Commission began revising the Commission handbooks for a more uniform document and one that is easier to read and comprehend. Also, as Commissioners move from one Commission to another, the document is familiar. City staff revised the formats of all three Commission handbooks and attached is the revised Planning Commission document which is consistent with both the Traffic and Transportation and the Parks and Recreation Commissions. Attachment' 2"(b) is a redline version from Michael Jenkins, City Attorney. Attachment "2"(a) is the corrected draft submitted to the Planning Commission for approval. As noted previously, the revisions include recent City staff revisions, the 2004 amendments of the Brown Act, and Conflict of Interest. Although not all-inclusive, the revised manual contains information that will be helpful to you during your tenure. If you have any questions regarding the information presented in the Manual, please contact the staff. Attachments: 1. Draft Resolution; 2. Planning Commission Policies and Procedures Manuals: a. DRAFT November 8, 2005; b. Redline draft from City Attorney; c. March 1998, currently in use; 3. Minutes of the April 7, 2004 Joint Commissions' Meeting. ATTACHMENT "1" DRAFT RESOLUTION PLANNING COMMISSION RESOLUTION NO. 2005-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR ESTABLISHING A PLANNING COMMISSION POLICIES AND PROCEDURES MANUAL A. RECITALS. 1. It is important to the successful operation of any public organization that standards be established to define roles, responsibilities, and expectations of the governing board and staff in an organization's operation. 2. The establishment of standards by the Planning Commission will promote understanding and trust among members of the Commission and staff concerning their roles, responsibilities, and expectations for the operation of the City. 3. The establishment and periodic review of the Planning Commission Policies and Procedures Manual will assist new members of the Commission to better understand their role and responsibilities. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission is operating under a Planning Commission Policies Manual adopted April 14, 1998. 3. The adoption of the Planning Commission Policies and Procedures Manual dated November 8, 2005 shall supersede the Planning Commission Policies and Procedures Manual dated April 14, 1998. 4. The Planning Commission shall follow the policies and procedures listed within the manual dated November 8, 2005, Exhibit "A". 7:7aW APPROVED AND ADOPTED THIS 8th DAY OF NOVEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar,. at a regular meeting of the Planning Commission held on the 8th day of November 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Nancy Fong, Secretary 2 ATTACHMENT "2"(a) CITY OF DIAMOND BAR PLANNING COMMISSION HANDBOOK Table of Contents 1. INTRODUCTION......................................................................................1 11. GENERAL INFORMATION CityHistory., ............................................................................................... 2 Diamond Bar's Form of Government...........................................................2 CityAdvisory Bodies...................................................................................3 CityStaff.......................................................................:.............................3 111. %flMNAISSRON MEMBEi SHIP ANIF) nPPs�aTlnl.iS Membership................................................................................................ 5 Officers....................................................................................................... 5 Vacancies.................................................................................................... 6 Quorum...................................................................................................... 6 Meetings..................................................................................................... 7 Agendafor Meetings...................................................................................8 Voting......................................................................................................18 PublicHearings...........................................................................................8 Limitation on Collecting Evidence Outside the Hearing...............................9 Compensation............................................................................................. 9 Reimbursement......................................................................................... 10 StaffLiaison...............................................................................................10 Commission Recommendations.................................................................20 IV. COMMISSION ROLE Purpose..................................................................................................... 11 Duties.....................................................................................................11 Meeting Procedures................................................................................... 11 Motions....................................................................................................15 Resolutions...............................................................................................17 Voting......................................................................................................18 Staff Responsibilities..................................................................................18 Staff Requests Procedures..........................................................................19 Minutes..................................................................................................... 19 Commission Recommendations.................................................................20 Relations with City Council, Commissions and Committees .......................20 Relations with the Public...........................................................................20 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 V. LEGAL RESTRAINTS TheBrown Act..........................................................................................21 Conflictof Interest.....................................................................................21 Disqualification from Commission Decisions ........................... .................. 21 PublicRecords Law...................................................................................22 Discrimination and Equal Protection..........................................................22 DueProcess..............................................................................................22 California Environmental Quality Act(CEQA)............................................22 Importance of Findings in Quasi -Judicial Action)........................................27 Topanga: The Cornerstone for Findings......................................................27 Preparation of Findings: A Question of Timing...........................................28 Bridgingthe Gap.......................................................................................30 SpecificAction..........................................................................................30 Summary................................................................................................... 32 VII. APPENDIX City Telephone List/Commission Phone Numbers ................ :..................... 34 Description of Commissions/Committees................................................... 35 Statementof Principles.............................................................................35 Policies for Service....................................................................................35 Diamond Bar Organization Chart..............................................................37 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 1. INTRODUCTION Congratulations on your appointment as a Planning Commissioner! The City. of Diamond Bar encourages and _pr...oraotes_ resident _involvement in City government. Appointment to the Planning Commission enables residents to play a key role in the important function of formulating and implementing the land use policies of the City. This handbook is intended to give you an orientation to your role as a Planning Commissioner. It includes an overview of the Commission's role and responsibilities and the structure and procedures of Diamond Bar's Municipal Government. We hopethatthis. handbook will be useful to you in your ongoing activities as a member of the Commission. When in doubt as to your legal obligations and responsibilities, always feel TI"22 t0 ask your SIafl for advice, when apprGpriaie, it ie �.iiy Haul i icy will be consulted t0 assist you. Diamond Bar Commissioners are vital to the City's organization and its efforts to meet the needs and interests of the Community. It is hoped this handbook will assist you as a member of the team. The City Council and staff are most appreciative of your time and efforts. City of Diamond Bar. Planning Commission Handbook DRAFT November 8, 2005 II. GENERAL INFORMATION History of Diamond Bar As with many Southern California communities, Diamond Bar's recorded history began with a 4340 -acre Spanish land grant deeded by Governor Alvarado to Jose del la Luz. The land was divided into parcels, which changed hands many times priorto 1900. In 1918, Frederick E. Lewis bought most of the original Rancho Los Nogales area to establish a cattle ranch and registered the Brand of Diamond Bar with the Department of Agriculture. In 1956, Transamerica Corporation paid $10 million to purchase 8,000 acres of Diamond Bar Ranch from the Bartholome Family. Transamerica formed a master -planned community that would eventually become home to some 53,500 people. The first model homes were built at the north end of town in 1960 and a development "boom" was begun. The first effort to gain local voice in government began with the formation of the Diamond Bar Homeowners Association in 1964. The name was changed in 1986 to the Diamond Bar Improvement Association (DBIA) to serve the community as a whole. Between 1964 and 1989, the DBIA represented the community before various county agencies on matters of development and accepted responsibility for enforcing covenants, conditions and restrictions (CC&R's) on the deeds of all residential tracts. In 1976, the Los Angeles County Board of Supervisors created the Diamond Bar Municipal Advisory Council (MAC) to provide a focal point for community input to county government. Diamond Bar's Form of Government The City of Diamond Bar was incorporated as a general law city on April 18, 1989 with a Council/Manager form of government. The City Council is composed of five members elected for staggered four year terms. It is the governing body of the City, vested with regulatory and corporate power. The City Council establishes policy and is ultimately responsible to the people for the actions of the local government. The mayor and mayor pro -tem, selected annually by the City Council, preside over the Council. Diamond Bar is a typical suburban bedroom community with limited commercial and industrial land. Commercial acreage is primarily developed with uses designed to serve residents of the community. Today's Diamond Bar is a young, upscale residential community of about 58,000 situated among meandering hills and valleys of Brea Canyon. Covering 14.77 square miles, it is located at the junction of the "57" and "60" freeways.. City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 City Advisory Bodies The City Council has established several permanent commissions to assist it in operating the City's government. These commissions are generally advisory. in nature, although the Planning Commission is unique insofar as it possesses decision-making powers. The powers of the Planning Commission are set forth in the California Government Code and in the Municipal Code. From time to time, the City Council established temporary committees and task forces to address specific issues of interest to the community. The primary purpose of these committees is to gather information, weigh public opinion, and examine issues in-depth in order to make a recommendation to the City Council. City Staff City Manager — The City Manager is responsible for the administration of the City's government. He/she is appointed by the City Council and in turn appoints department heads and employees to operate the City government and provide services to the community. The City Manager directs the work of all departments in the implementation of the policy directions determined by the City Council. The City contracts for police, fire, and building and safety services. Assistant City Manager/Administration Services manages the City Clerk, Finance, Public Safety, Human Resources, Public Information, and Information Systems Divisions. Assistant City Manager/Community and Development Services manages the Planning, Neighborhood Improvement, Economic Development, Building and Safety, Public Works/Engineering, and Community Services Divisions. ® The Planning Division is charged with advanced and current planning; coordination and monitoring of growth and development; implements the General Plan; and Community Development Block Grant programs. The Division prepares and administers projects for compliance with the Municipal Code. The Planning Division insures that all projects receive the required environmental review in compliance with the California Environmental Quality Act (CEQA). The Building and Safety Division is responsible for the protection of public health and safety through the enforcement of the building and related codes. This division provides for building and safety plan check, permit issuance and inspection services. City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 The Economic Development Division is responsible for business attraction, business retention, and the advancement and administration of economic development. • The Neighborhood Improvement Division enforces the City's Municipal Code. The Public Works/Engineering Division is responsible for the City's traffic and transportation activities; grant administration; administration of related Capital Projects and Funds; day-to-day maintenance of publicly owned properties (i.e. streets, curbs, gutters, sidewalks, traffic signals, signs street lights, sewers and storm drains). The Division coordinates City projects and plans with other governmental agencies to ensure that the City's concerns are addressed. This Division is also responsible for land development improvements and manages and enforces the City's requirements for subdivisions, lot development, utilities, vehicle/pedestrian traffic, and the use of public right-of-way: All plans and projects for proposed development are reviewed and any required reports are prepared for the Planning Commission, Traffic and Transportation Commission and the City Council. The Community Services Division is responsible for the maintenance and operation of the City's parks and municipal buildings. This includes grounds maintenance, facility upkeep, park improvements and capital projects. This Division also administers the City's community recreation programs, and City sponsored activities. City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 III. COMMISSION MEMBERSHIP AND OPERATIONS Membership The Planning Commission consists of five (5) members,_ eachofwhom must be a - Diamond Bar resident. Each Planning Commission member is appointed by one member of the City Council, subject to approval by the Council as a whole. Commissioners are appointed to two year terms of office, expiring on the last day of February of even numbered years. Selection to the Planning Commission is based on the following: a broad perspective and concern for the welfare and progress of the City; a familiarity with the City's history, issues, and goals; an interest in the Planning Commission's function and area of responsibility; a readiness to devote time and effort to carrying out a Commissioner's duties and responsibilities; and willingness to be aware of and understand the City Council's policies -and goals: Officers The Planning Commission at its first regular meeting in March of each calendar year elects a Chairperson and Vice -Chairperson from among its appointed members for a term of one year. The Commission may create and fill such other offices as may be deemed necessary. Chairperson - The Chairperson is the presiding officer at all Planning Commission meetings. The Chairperson is responsible forthe maintenance of orderand decorum at all times. The Chairperson also signs resolutions and documents approved by the Commission at meetings when he or she is in attendance. In the absence of the Chairperson, the Vice Chairperson performs those functions. In the absence of both the Chairperson and the Vice -Chairperson, the Commission must elect a temporary Presiding officer to serve until the arrival of the Chairperson or Vice -Chairperson or until adjournment. The Chairperson may appoint standing or ad hoc subcommittees of less than a quorum of the Commission. Subcommittees may then meet to carry out their assigned tasks. Meetings of subcommittees will be arranged by staff. Vice -Chairperson - Thevice-Chairperson, in the Chairperson's absence or inability to act, shall take the place of and perform all duties of the Chairperson. 5 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 Vacancies A planning commissioner automatically vacates his or her position on the Commission if absent from three (3) consecutive regular meetings, or from more than fifty percent (50%) of the regular meetings in any one (1) year. Any member of the Planning Commission may be removed without cause during his/her term of office by a four-fifths vote of the City Council. No such member may be removed during the initial three months of any term of office for which he/she is appointed except by unanimous vote of the City Council. If a vacancy occurs, other than by expiration of a term, an appointment to fulfill the unexpired remainder of the term must be made within thirty days by the Councilmember who appointed, or had the opportunity to appoint, the Commissioner whose position was vacated. If that Councilmember fails to appoint within the thirty -day period, a majority of the City Council is authorized to appoint to fill the vacancy. Quorum A quorum consists of a three members of the Commission and is sufficient to conduct business. Motions may be passed 2-1 if only 3 Commissioners are in attendance. A quorum is required to conduct business at any meeting, whether it is a regular, adjourned or special meeting. While a Commissioner is expected to be present at all meetings, if he/she knows in advance that his or her attendance is not possible, he or she should notify the Commission Secretary. ® The Brown Act requires that a regular meeting date and time be established each month. Meetings may be. cancelled if there is not sufficient business to be discussed. If a majority of Commissioners will not be present to allow for a quorum, the following steps should be taken to ensure that a public meeting is properly cancelled: State the intention to cancel the meeting a minimum of 72 hours priorto cancelled or rescheduled date; Send out written notices to all affected parties (those that receive the agenda packets); Assign a staff member to attend the cancelled meeting to inform anyone that arrives that the meeting will not take place. This person must stay a minimum of 15 minutes. City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 Meetings Regular Meetings -The Planning Commission meets on the second and fourth Tuesday of each month at 7:00 p.m. at the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive as specified in a Resolution adopted by the Commission. The meeting time and place maybe changed with 24-hour notice duly given to the public and media to accommodate specific needs. Adjourned Meetings - If, for any reason, the business to be considered at a regular meeting cannot be completed, the Commission may designate a time and date for an adjourned meeting. Any matter to be considered at the regular meeting may be considered at an adjourned meeting. The adjournment must be announced to the public present at the time and recorded in the minutes. A notice of adjournment must be posted near the door of the room where the meeting was held within 24 hours of said adjournment. Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Special Meetings - Special meetings may be called by the Chairperson or majority of Commissioners with notice given to the commissioners and media at least 24 hours prior to the special meeting. The notice of the meeting must specify the time and place of the meeting and the business to be transacted, and only matters specified in the notice may be considered pursuant to Section 54956 of the California Government Code. Special meetings shall be open to the public and held at such time and place as set forth in the notice. Study Sessions- Study sessions, often called "work sessions" are usually informal, though public. They are usually scheduled as adjourned regular meetings and have a separate agenda. Notice of all meetings and public hearings is made pursuant to California Government Code Sections 54950 et seq. and Diamond Bar Municipal Code (DBMC) Section 22.72. Agendas and public hearing notices are posted as required by law. All regular and adjourned meetings, study sessions and special Planning Commission meetings are open to the public. Every regular meeting's agenda must provide an opportunity for members of the public to directly address the Commission on items of public interest that are within the Commission's jurisdiction. Additionally, 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, provided that the procedure does not conflict with the Brown Act. 7 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 Aeenda for Meetings The Commission Secretary is responsible for preparation and distribution of the agenda and supporting documents prior to each meeting. The Agenda must be posted 72 hours prior to a regular meeting. The Order of Business of each meeting shall be as contained in the Agenda prepared by the Secretary. The Agenda shall indicate the schedule and subject of public hearing(s) and be a listing by topic of subjects which shall be taken up for consideration and disposition. However, with the consent of the Commission, items may be taken out of order. A Commissioner may requestto place one item on the agenda per meeting. The Planning Commission Secretary's advice shall be obtained pertaining to the staff's work load, costs that may be encumbered by the City, and urgency of the item. No discussion, action or commitment may be taken on items that are not on the posted agenda. The Commission must entertain comments from the public and commissioners may make brief reports or responses, but these should be kept short and any matter that the Commission wishes to discuss at length should be scheduled for a future meeting. Public Hearings Official public hearing notices are advertised per DBMC Section 22.72.020. Hearings held by the Commission should be fair and impartial. If any member is biased or has a personal interest in the outcome of the hearing, that member must disqualify himself/herself and not participate. Persons and/or groups who may be affected by the subject of the hearing should be given sufficient notice and a reasonable opportunity to be heard. They may be represented by counsel or any other representative if desired and may be permitted to present oral and documentary evidence. At the appropriate time, the Chairperson should open the hearing and explain to the audience the hearing procedures. The manner of conducting hearings is at the Chairperson's control and discretion. If there are numerous persons who would like to participate, and all represent the same view and opinions, the Chairperson may ask that a spokesperson be selected to speak for the group. If this arrangement cannot be made, the Chairperson may restrict each speaker to a time limit so all may be heard. Irrelevant and off -the -subject comments should be ruled out of order by the Chairperson. After the hearing is opened, staff presents the staff report, followed by Commissioners' questions relating to the report. Proponents should then be given the opportunity to 8 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 present their case first. The proponents are followed by any other speakers interested in the matter. Proponents can then present their rebuttal, if any. Questions may be asked through the Chairperson. After all interested persons have had an opportunity to speak, the hearing should be closed, which ends the audience participation. Commissioners may then discuss and take action on the proposal. No hearing that has been closed may be reopened without additional notice in the same manner as the original hearing. An exception allows a hearing to be reopened atthe same meeting it was closed and before the Commission has taken up another matter, and if no interested person has left the meeting room. Limitation on Collectins; Evidence Outside the Hearin The fair hearing concept 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. Hence, procedural problems can arise if Commissioners collect evidence outside of the public hearing without disclosure at the hearing. For example, the Commissioners may find it desirable to visit the site that is the subject of an application. So long as the Commissioner indicates on the record that he/she has done so and describes what was seen, a site visit will not affect the validity of the hearing. The Commissioner 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 they 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. Compensation Commissioners are compensated for attending regularly scheduled, adjourned and special Planning Commission meetings, in a fixed sum established by City Council resolution. The Commission Secretary is responsible for processing warrants for payments and Commissioners are paid on a monthly basis. Each Commissioner has the right and opportunity to waive his or her compensation; a letter waiving compensation must be sent to the City Manager. Reimbursement The Commission may receive reimbursement for travel, meals, lodging and related expenses incidental to the performance of their official duties, including attendance at seminars, conferences or training courses. Prior approval is required to be obtained from the City Council for attendance at seminars or conferences. All other expenses require City Manager approval. Said expenses may by advanced to Commissioners or otherwise 9 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 paid in accordance with policies, established by City Council. The Commission Secretary will handle all paperwork necessary to receive compensation. Staff Liaison The Assistant City Manager/or designee shall be the Secretary to the Planning Commission. 10 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 IV. COMMISSION ROLE Purpose Pursuant to California Government Code Section 65103, Planning and Zoning Law, the - Planning Commission's primary responsibility is to implement the General Plan. The General Plan is a comprehensive, long-term plan forthe City's physical developmentand areas within its sphere of influence. The Commission from time to time reviews and recommends amendments to the General Plan. Duties State law (Government Code Section 65902) and Diamond Bar Municipal Code Section 22.64.050 set forth the various duties of the Planning Commission. The Commission has decision making authority, subject to appeal to the City Council, on a variety of quasi- judicial permits and entitlements, including conditional use permits, variances, development permits and subdivision maps. In addition, the Commission considers and makes recommendations to the City Council for final decisions on: • Capital Improvement Projects' Conformance to the General Plan; • Development agreements; • Development Code amendments, • Environmental documents; • General plan amendments; • Specific plans; • Zoning map amendments; • Applicable policy or ordinance matters related to the City's planning process. Meeting Procedures The following steps are recommended for the efficient conduct of meetings: Call to order - Every meeting shall be called to order by the Presiding officer. In the absence of both the Chairperson and Vice -Chairperson, the meeting shall be called to order by the Secretary, whereupon the Secretary shall immediately call for the selection of a temporary Presiding Officer. Roll Call- The order of roll call shall be alphabetical with the Chairperson called last, and the Secretary shall enter the names of those present in the Minutes. Public Comments- Public Comments is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Commission on items or matters of interest to the public that are not already scheduled for �t City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 consideration on the agenda. The speaker may complete a voluntary request form to address the Commission and hand the form to the Secretary. Consent Calendar -All matters under consent items on the agenda are considered routine and will be acted upon without discussion unless a Commission member or audience member has a question or would like to discuss an item. In that event, the Chairperson will remove that item from the Consent Calendar and place it for separate consideration. Presentation by Members of the Commission - Any Commissioner may bring before the Commission any new business. These matters need not be specifically listed on the Agenda, but extended discussion and/or action on such matters must be deferred until a subsequent meeting unless added to the agenda by a 2/3 vote of those present pursuant to California Government Code Section 54954.2 on the ground that the item came to the attention of the City after the posting of the agenda and that there is an immediate need for action. Points of Order - The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Commission. If any appeal is taken, the question shall be "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. Decorum and Order - Commission Members - Every Commissioner desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself or herself to the question under debate. Every Commissioner desiring to question the administrative staff shall address his or her question to the Secretary who shall be entitled either to answer the inquiry directly or to designate some member of staff for the purpose. A Commissioner, once recognized, shall not be interrupted while speaking unless called to order by the Presiding officer, unless a Point of Order is raised by another Commissioner or unless the speaker chooses to yield to questions from another Commissioner. If a Commissioner is called to order while speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Commission. Commission Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Commission and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. 12 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 Any Commissioner may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Commission shall require him or her to so act. Members of the Commission shall not leave their seats during a meeting without the consent of thePresidingOfficer. - -. - - - - - - -- - - - -- Participation of Presiding Officer -The Presiding officer may move, second, and debate from the Chair, subject only to such limitation of debate as are imposed on all Commission Members, and shall I not be deprived of any of the rights and privileges of a Commission Member by reason of acting as Presiding officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. Decorum and Order — Employees- Members of the Administrative Staff and employees of the City shall observe the same rules of procedure and decorum applicable to Commission members. The Secretary shall insure that all City employees observe such decorum. Any staff member, including the secretary, desiring to address the Commission or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Commissioner or public member. Decorum and Order — Public - Public members attending Commission meetings shall observe the same rules of order and decorum applicable to the Commission. Any person who becomes boisterous or disruptive while addressing the Commission or while attending the Commission meeting shall be removed from the room by the sergeant -at - arms if so directed by the Presiding officer, and such person may be barred from further audience before the Commission. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Presiding officer, who shall direct the sergeant -at -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. Enforcement of Decorum - The Secretary shall be ex -officio Commission's sergeant -at - arms and shall carry out all orders and instructions given him or her by the Presiding Officer for the purpose of maintaining order and decorum. Any person disrupting Commission proceedings may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine or imprisonment or both. Upon instructions form the Presiding Officer, it shall be the duty of the Secretary or his or her representative to eject any person from the meeting. Personal Privilege - The right of a member to address the Commission on a question of personal privilege shall be limited to cases in which such member's integrity, character, or motives, are assailed, questioned, or impugned. Personal Interest- No member prevented from voting by personal interest shall remain on the dais during the debate and vote on any such matter. In the event of such conflict, the 13 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 member shat I publicly state the grounds for the record and upon acceptance by the Chair shall leave his or her seat and leave the room during debate on the issue. Limitation of Debate - No member shall be allowed to speak more than once upon any one subject until every other member choosing to speak thereon shall have spoken. No member shal I speak for a longer time than five minutes each time he or she has the floor, without the approval of majority vote of the Commission. Dissents and Protests- Any member shat I have the right to express dissent from or protest any action of the Commission and have the reason entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following' reasons ... ". Procedures in Absence of Rules - In the absence of a rule to govern a point of procedure, Robert's Rules of order shall govern. Manner of Addressing the Commission - Any person desiring to address the Commission shall proceed to the podium and wait to be recognized, he or she shall state his or her name and city of residence for the record and shall limit his or her remarks to the questions under discussion. All remarks and questions shall be addressed to the Chair and not to any individual Commission Member, staff member or other person. No person shall enter into any discussion without being recognized by the Presiding Officer. Time Limitation - Any public member addressing the Commission shall limit his or her address to five (5) minutes unless further time is granted by the Chairperson. Addressing the Commission after Motion is Made - After a motion has been made or after a public hearing has been closed, no person shall address the Commission without first securing permission by a majority vote of the Commission. Written Correspondence - The Secretary is authorized to receive and open all mail addressed to the Commission as a whole and give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Commission action may be disposed of between meetings. Any communication requiring action will be reported to the Commission at its next regular meeting together with a report and recommendation of the Secretary. Regular Agenda Items/Public Hearings: ✓ Announce the item and what is to be discussed. ✓ Ask staff to present the report. ✓ Ask the Commission if they have questions for staff. ✓ Ask the Owner/Applicant if they would like to present report. ✓ Open the item for public discussion. ✓ Invite those in favor of the item to speak. 14 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 ✓ Invite those in opposition to the item to speak. ✓ Ask staff if any written communications have been received and, if so, have them read or summarized into the record. ✓ Ask the Commission if they have questions for staff or public. ✓ Turn the item -over -to the Commission for discussion..- . -- ✓ After a motion is made and seconded, the matter may be discussed by the Commission. If there is no second, the motion dies. Amendments may be made by proposal of new motions but are only effective upon receiving a second. Discussion of an amendment may only take place after a motion has been made and seconded. The amendment must be voted upon by the entire Commission and if defeated, then the original motion will be voted upon. Motions The substance of a motion is presented by the moving Commissioner, requires a second, and normally only requires a majority or a quorum (like most resolutions). Processing of Motions - When a motion is made and seconded, it shall be stated by the Presiding officer before debate. A motion shall not be withdrawn by the mover without the consent of the member seconding it and the approval of the Commission. A motion is subject to the following steps: 1. The Commissioner asks to be recognized by the Chairperson; 2_ After being recognized, the Commissioner makes the motion with, "I move..."; 3. Another Commissioner seconds the motion. If the motion is not seconded, it fails; 4. The Chairperson states the motion and asks for discussion; 5. When the Chairperson feels there has been sufficient discussion, the debate is closed with, "Are you ready for the question?" or "Is there any further discussions?"; 6. If.no Commissioner asks for permission to speak, the Chairperson puts the question to vote; 7. After the vote, the Chairperson announces the decision as is appropriate with: "The motion is carried" or "The motion fails." Phrasing a motion is often difficult and corrections may be necessary before it is acted upon. Until the Chairperson states the motion, the Commissioner makingthe motion may rephrase or withdraw it. The consent of the second is not required. After the motion has been stated by the Chairperson, the consent of the body is required to change or withdraw it. if all of the Commissioners consent, an amendment must be formally acted upon by a motion. 15 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 Motions may be passed 2-1 if only three Commissioners are in attendance. A split vote (negative, affirmative, or neutral) shall equal denial of the action as submitted. When the Commission is acting in an adjudicative capacity, and if a Commissioner is to vote on a matter that 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 continue for a decision to another date, or the hearing is continued to another date, an absent Commissioner can vote if the Commissioner states the following on the record, "I have listened to the full tape of the prior hearing(s) and read all documents considered at the prior hearing(s) on this matter. Motions to Amend - A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but an amendment to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. Motions for Reconsideration - For any action requiring a resolution passage, a motion for reconsideration may not be introduced after the closing of the meeting where the resolution was adopted. Motions for reconsideration of actions which do not require a resolution passage may be introduced at any subsequent meeting. However, if a motion for reconsideration is introduced, it must be by a Commissioner that was among the majority of the action for which reconsideration is sought. Such a motion may be seconded by any Commissioner who voted on the action orwho would be eligible to vote on it if the motion for reconsideration carries. Any questions regarding this point should be referred to the City Attorney. Motions Out Of Order -The Presiding officer may at any time, by majority consent of the Commission, permit a member to introduce an ordinance, resolution, or motion out of the regular Agenda order. Division of Question - If the question contains two or more divisible propositions, the Presiding officer may, and upon request of a member shall (unless appealed), divide the same. Precedence of Motions - When a motion is before the Commission, no motion shall be entertained except the following which shall have precedence in the following order: 1. Adjourn 2. Fix hour of Adjournment 3. Table 4. Previous Question 5. Amend 16 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 6. Postpone Motion to Adjourn (not debatable) - A motion to adjourn shall be in order at any time except as follows: 1. When repeated without intervening business or discussion, 2. When made as an interruption of a member while speaking, 3. When the previous question has been ordered, and 4. While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. Motion to Fix Hour ofAdiournment - Such a motion shall be to set a definite time at which to adjourn and.shall be -undebatable and unamendable except as to time set. - . Motion to Table - A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. Motion for Previous Question - Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. Motion to Continue - Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. Resolutions Resolutions should be in written form before the Commission. The appropriate motion is "I move that Resolution No. be adopted." Reading of the title is not legally required. Upon seconding, a vote is taken. A roll call vote is the desirable procedure on all resolutions. Resolutions Prepared in Advance - Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may call for a roll call vote or require that the resolution be read in full. Resolutions Not Prepared in Advance - Where a resolution has not been prepared in advance, the procedure shall be to instruct the staff to prepare a resolution for presentation at the next meeting as follows: motion, second, "no objections? -so ordered". 17 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 Urgency Resolutions - In matters of urgency a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the.voting procedure for resolutions prepared in advance shall be followed. Urgency resolutions shall be avoided except when absolutely necessary. Voting Question to be Stated - The Presiding Officer may verbally restate each question immediately prior to calling for the vote. Following the vote, the Presiding Officer may verbally announce whether the question carried or was defeated. The presiding officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Voting Procedure - On the passage of every motion, the vote shall be taken by voice or roll call and entered in full upon the record. The order of voting shall be alphabetical with the Chairperson voting last. Roll Call Voting- Resolutions shall be considered by roll call vote. Any other questions before the Commission shall not require a roll call vote unless demanded by any member before the negative has been put. It shall not be in order for members to explain theirvote during roll call. Any member may change his or her vote before the next order of business. Failure to Vote - Every member shall vote unless disqualified for cause accepted by vote of the Commission or by opinion of the City Attorney. Self -disqualification, without approval, which results in a tie vote, shall be avoided as thwarting Commission action. However, no Commission member who abstains shall in effect consent that a majority of the quorum may act for him or her. Tie votes shall be lost motions and may be reconsidered. Reconsideration -Any member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent of the Commission. Staff Responsibilities The Assistant City Manager/or designee lends technical support to the Commission and serves as the Secretary to the Commission. He or she provides the data, information and professional counsel to the Commission while serving as liaison between policy formulation and implantation of same through administrative procedures. 18 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 The Assistant City Manager/or designee is primarily responsible for administering the day- to-day operation and functions of the Community and Development Services Department within the policies and guidelines as established by the City Council and the City Manager..It.is also the responsibi.lity of the Assistant City-Manager/or des.ign.ee.to function as communicator between staff, the Commission, and the City Manager. The Assistant City Manager/or designee will facilitate clear, concise and efficient communication of all direct questions, comments, and requests for information between the Commission, City Manager and staff as well as similar requests between individual Commission members and individual staff. The City Manager will assign additional staff to assist the Commission in a technical and professional capacity, as needed. It is not expected that every staff recommendation will be followed; however, because of staffs technical knowledge, full consideration should be given to. their_ recommendations. Staff members make objective recommendations_ without consideration of personal or political consequences. Following a staff report or recommendation to the Commission, staff is at liberty to make the same recommendation to the City Council via the City Manager, even though the Commission may have taken a different position. Staff Request Procedures All Commissioners' requests for information from staff requiring extensive time commitments will come through the Commission as a whole at a regular meeting during Commissioners Comments. If a Commissioner considers the request an emergency, and time allows, he or she shall attempt to obtain the Chairperson's approval to direct the request to the Assistant City Manager/or designee. If the Chairperson is unavailable, then the Commissioner may directly contact the Assistant City Manager/or designee. The Assistant City Manager/or designee will then report to the Commission at the next regular meeting the nature of the request and the action taken. When a request is made by a Commissioner for copies of correspondence or information, then all Commissioners shall be sent copies of the same information. Each Commission may adopt rules and procedures to accomplish its duties. These rules are subject to City Council approval. Minutes Minutes are taken at all Commission meetings, transcribed and included in the following agenda packet. Once approved, the minutes are forwarded to the City Council for their information. Minutes are then kept as the official record for the Planning Commission's actions and are open for public review. 19 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 Unless the reading of the minutes of the previous meeting is requested by a majority of the Commission, such minutes may be approved without reading if the Secretary has previously furnished each Commissioner with a copy thereof. The minutes shall consist of a clear and concise statement of each and every action including the motions made and the vote thereon. Reasons for making a motion, or voting, debate and audience reaction are generally not included in the minutes. Such items may be included if considered to be particularly relevant or otherwise necessary by the Secretary in the first instance and by the Commission in the final instance. The Secretary shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by action of the Commission. Commission Recommendations Planning Commission actions can be either advisory orconclusive unless appealed tothe City Council. Advisory actions are transmitted to the City Council by the Planning Commission Secretary for final action/decision. Relations with City Council, Commissions and Committees In areas where there is an overlap of jurisdiction between various Commissions, it is important that a liaison be developed to insure consideration of the different viewpoints and to minimize duplications of efforts. Joint meetings with the City Council and other Commissions and committees may be mutually beneficial whenever two bodies are simultaneously addressing the same topic. Planning Commission members may address the City Council on any matter as individuals or with majority approval of the Commission, on behalf of the Commission. The Commission or a member may disagree with the City Council on an issue. Once the City Council has established a position on a policy or legislative issue, the Commission must accept the position, policy, and program adopted by the City Council. If personal ethical problems arise, resignation from the Commission is appropriate. The Planning Commission should not attempt to predict City Council action, either publicly or privately. Commissioners may and should interpret City Council policies or identify trends in Council thinking. The Planning Commission or its members should not discuss individual concerns regarding personnel related matters with employees. These matters should be referred to their respective supervisors, department head, or the City Manager. Relations with Public 20 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 Planning Commissioners are encouraged to become aware of public opinion relating to their field of influence and welcome citizen input at Commission meetings. The Commission is encouraged to take inventory of opportunities and resources to increase citizen involvement. 21 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 V. LEGAL CONSTRAINTS The Brown Act "All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter." (Government Code Section 54953) The law requires that meetings, at which a quorum of the Commission is in attendance, must be open to the public. Agendas must be posted 72 hours prior to regular meetings and they must contain a brief description of each item to be discussed in language understandable to the public. No action, or commitment, may be taken on items which are not on the posted agenda. No discussion may occur regarding an item which is not posted on the Agenda. Items brought up by the general public may be presented, but there will be no discussion held or action taken. The Commission may refer the item to staff. Every Agenda must provide an opportunity for the public to address the Commission. A copy of the Brown Act is available in the City Clerk's office. Conflict of Interest In compliance with the Political Reform Act, the City of Diamond Bar adopted a Conflict of Interest Code on October 3, 1989. It states that newly designated Commissioners must file a Conflict of Interest Statement within thirty (30) days of appointment and thirty (30) days after leaving office. Forms are obtained from the City Clerk's office and must be filed with the City Clerk, no later than the due date. Government Code Sections 87100 and 87103 state underwhat circumstances influencing a governmental decision is prohibited and what defines a "financial interest." A copy is available upon request. There are a number of other conflict of interest statutes and doctrines which govern such issues as Commission approved contracts in which Commissioners have a financial interest, the holding of two "incompatible" public offices, and other cases in which a Commissioner's ability to render an impartial decision could be questioned. The City Attorney can provide advice on any of these issues. Disqualification From Commission Decisions As a Commissioner, if a matter in which you have a financial interest comes before the Commission on which you serve, and the decision will naturally affect that financial interest, you must disqualify yourself from all participation. This means you may not discuss the matter with your colleagues, may not participate in deliberations concerning the matter, must abstain from voting, and refrain from any attempt to influence the 22 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 decision on this matter. Commissioners should leave the room while the matter is under consideration in order to avoid violatingthese prohibitions. The financial interest leading to abstention must be identified and recorded by the Secretary. If a reason is not offered, the Chairperson should request it. There are two exceptions to the general rule. The first exception is that a Commissioner will not be disqualified if the decision will affect the Commissioner's financial interest in the same manner it will affect the public generally. The second exception is that a Commissioner may advocate on their own behalf, provided that they do this as any other citizen would. Personal interests are defined as real property or businesses owned entirely by a Commissioner and his/her immediate family, and businesses managed entirely by a Commissioner, spouse, or both. City officials should seek the advice of the City Attorney before becoming involved in any Commission decision wherein there is the possibility of conflict of interest. It is desirable to guard against even the suspicion of unethical conduct by any City official. City officials should be careful to avoid any act or statement that might be misconstrued. Their official behavior should appear to all concerned, to be above reproach. Public Records Law The State of California Government Code provides that all official records of the City are open for inspection by any interested citizen at reasonable times. All Commission minutes and supporting documents are public records and are available for public review and copying. Discrimination and Eaual Protection All rules, regulations, laws, services, and facilities must apply equally to all persons and not give favorto any segment of the community. Similarly, all policies and ordinances of the City must afford equal protection to all facets of the Community. Due Process Governmental procedures and processes generally provide that an affected party has a right to be heard and to present testimony during required public hearings. Unfair determinations, such as bias, predetermination, refusal to hear, etc., may invalidate a Commission action. California Environmental Quality Act Required Procedures In general terms, the following explains the basic steps required by the California Environmental Quality Act (CEQA). Each City is required to adopt its own local guidelines for implementing CEQA. 23 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 STEP 1 Project application received (a) Staff decides whether the proposed activity is subject to CEQA or exempt (1) "Exempt" means not within the definition of "project", or that it is ministerial, an emergency project, or categorically exempt (b) An exempt project requires no further action under CEQA or its guidelines (1) The applicant should be notified of the determination. (State Guidelines, §15374 and §15062 and Public Resource Code §21167 (d) (c) Staff reports the environmental determination to the Planning Commission when proposed action on the project is before the Commission STEP 2 Project is subject to CEQA (a) To determine if a project may have a significant effect on the environment, staff conducts and prepares a written Initial Study (1) An Initial Study consists of a completed Environmental Checklist plus staff's analysis of environmental effects (b) After determining that an Initial Study will be prepared, staff consults informally with other agencies having jurisdiction over the project as to whether an Environmental Impact Report (EIR) or Negative Declaration declaring the project will not have significant environmental impacts should be prepared (1) Staff may also consult with the applicant during or immediately after the Initial Study's preparation and determine whether the applicant is willing to modify the project to reduce or eliminate any significant effects identified in the Initial Study (c) If the proposed project involves the issuance of a permit, lease, license or other entitlement for use, the City must determine in writing, within 30 days from the applicant's receipt, if the application is "complete" (1) A written notice of this determination must be sent to the applicant (2) If the application is not complete, the notice must inform the applicant of all information required to make the application "complete" (3) If the application is complete, the notice should so inform the applicant and may inform the applicant that an EIR or Negative Declaration will be required STEP 3 Initial Study indicates the project may have a significant effect on the environment (a) Staff"or applicant may suggest project revisions which, when implemented will result in the project having no significant environmental effects (1) If this occurs, the project should be formally revised to reflect these "mitigation measures" and follow procedures in Step 4 (listed below) (b) If the project may still result in one or more significant environmental effects after mitigation measures are added, follow procedures in Step 7 24 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 (c) If the project involves the issuance of a permit, lease, license or other entitlements for use, the City has 30 days from the date the application was determined "complete" within which to decide if a Negative Declaration or EIR is required STEP -Initial Study indicates that the project will not have a significant effect on the environment (a) Staff prepares a proposed Negative Declaration (in accordance with State Guidelines §§15070, 15071, 15072, 15074, and 15075) including mitigation measures, if any, and attaches a copy of the Initial Study, documenting reasons to support its findings (1) A Negative Declaration is a written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact report (CEQA Section 21064) (2) Mitigation measures require a mitigation monitoring program which must be prepared and adopted at the same time the NegativeDeclarationis adopted (b) Public notice that a Negative Declaration has been prepared must be given before it is approved/disapproved by the Commission (Guidelines §15072) (1) Public review must be no less.than 20 days, unless State Clearinghouse review is required (2) State Clearinghouse review requires that public review be extended to 30 days (3) Notice for the proposed Negative Declaration must also be filed with the County Clerk, who must post the notice within 24 hours after receipt of the proposed negative declaration for a 30 day period (c) The City must consult with, and solicit comments from, each agency with jurisdiction over the project by law, consult with persons having special expertise (State Guideline §15073), and 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 Clearinghouse for review (1) For a project involving the issuance of a permit, lease, license, certificate or other entitlement for use, the Negative Declaration must be completed and ready for review by the Commission within 105 days (plus a reasonable extension if the developer/applicant agrees) from the date the project application was determined "complete" STEP 5 Negative Declaration preparations (a) Planning Commission or Council must review and consider the Initial Study, proposed Negative Declaration, any comments received and staff's analysis of those comments and approves or disapproves the Negative Declaration prior to making any determination on the project (1) A project can not be approved until a Negative Declaration has been approved or an FIR has been certified 25 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 (2) If the Commission finds that the proposed project may have a significant environmental impact, the Commission rejects the Negative Declaration and asks for an EIR to be prepared (3) The City can approve or disapprove a project for which a Negative Declaration is prepared within three months (plus a 90 day extension if the developer/applicant agrees) from the date the Negative Declaration is adopted; otherwise the project may be automatically approved by operation of law STEP 6 Negative Declaration approved (a) A Notice of Determination (NOD) must be filed with the County Clerk (1) If the Negative Declaration includes a finding of no adverse effect onwildlife, a Certificate of Fee Exemption (The Fish and Game Code §710.5 et seq.) must be filed with the NOD STEP 7 There is or may still be a significant effect (a) A draft EIR must be prepared (State Guideline §15064) (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 (State Guideline §15064) STEP 8 EIR Preparation. (a) The City must send, by certified mail, a Notice of Preparation (NOP) 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 (1) The NOP 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. The other agencies have 30 days to respond and the draft EIR cannot be circulated for review and comment until that time has lapsed (State Guidelines §15082) STEP 9 After the draft EIR's completion (a) A Notice of Completion (NOC) must be filed with the Secretary for 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 (1) A 30 day minimum public review and comment period is required (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 (1) A minimum 45 day public review period is required 26 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 STEP 10 Public Hearing (a) A public hearing on the draft EIR may be conducted. CEQA does not require, but encourages public hearings -(1) If a hearing is held, it must be properly noticed (State Guidelines §§15087 and 15202) STEP 11 Final EIR (a) Staff assembles the final EIR which includes the draft EIR plus public and other comments and 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 STEP 12 Certification of EIR (a) The 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 (1) No project for which an EIR is required can be approved unless such findings have been made for each significant impact identified in the EIR (b) Possible findings (1) Changes or alterations have been required in the project which avoid or substantially lessen the significant environmental effect, or (2) Such changes or alterations are within the responsibility and jurisdiction of another specific 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)) (c) If the Commission makes either finding (2) or (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 whetherto approvethe project (1) The Commission cannot approve the project unless it finds that the project's benefits outweigh the unavoidable adverse environmental effects. This finding is commonly referred to as a "Statement of Overriding Considerations" (d) Commission makes a decision on the project (1) This can beat the same meeting as the decision on the EIR (2) The City must approve or disapprove the application within six months of the date the EIR is certified or the project may be approved by operation of law STEP 13. If The Commission approves a project for which an EIR was prepared (a) An NOD must be filed with the County Clerk, including a statement of mitigation measures, the Commission's decision, and a statement that an FIR was prepared and certified as required (1) If the project requires discretionary approval from a state agency the NOD must also be filed with the Secretary for Resources (State Guidelines §15094) 27 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 Importance of Findings in Quasi-judicial Action From time to time the Planning Commission will be called upon to exercise its quasi- judicial function. In other words, the Commission will sit as a "judge". Examples of quasi- judicial decisions include decisions on whether a variance or a conditional use permit should be approved fora 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. Topanga: The Cornerstone For. Findings Any discussion of findings and decisions affecting land use must begin with the seminal case in the area, Topanga Association for a Scenic Community v. County of Los Angeles, 11 Cal.3d 506 (1974). In Topanga, the court defined findings, explained their purposes, and showed when they are needed. The Topanga court defined findings as legally relevant sub -conclusions which exposethe agency's mode of analysis of facts, regulations, and policies, and which bridge the analytical gap between raw data and ultimate decision (Topanga, supra, at pp. 515 and 516). In other words, findings are the legal footprints local administrators and officials leave to explain haw they progressed from the facts through established standards to the decision. The Topanga court outlined five purposes for makingfindings, three are relevant mainly to the decision-making process and two are relevant to judicial functions. Findings should: 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. Serve a public relations function by helping to persuade the parties that the administrative decision-making is careful, reasoned and equitable; 4. Enable the parties to determine whether and on what basis they should seek judicial review and remedy; and, 5. Apprise a reviewing court of the basis for the agency's action. Topanga, supra, at pp. 514 and 516 [fn. 14] 28 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 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 legislative 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, a reviewing body holds a hearing, as required by the Constitution, State statute, or local ordinance, 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 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. Not only do these approvals constitute adjudicative acts, their denials are adjudicative in nature as well. Especially in the case of tentative subdivision maps, if the decision-making body makes certain statutory findings, it must deny the subdivision map (Government Code Section 66474). If the body makes certain other findings, it has the option of denying the subdivision (Government Code §66474.6). By way of comparison, findings are not necessary for legislative or quasi -legislative acts, unless specifically required by statute (Ensign Bickford Realty Corp. v. City Planning Commission [1977] 68 Cal.App.3d 467, 473). 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. Even though a zone change or general plan amendment may be specific to a particular parcel, it is still a legislative act because its underlying effect is legislative in nature, regardless of the size or geographic scope of the property affected (Arnel Development Company v. City of Costa Mesa [1980] 28 Cal. 3d 511, 514; Karlson v. City of Camatilto [1980] 100 Cal.App.3d 789, 799). Preparation of Findinizs: A Question of Timinm In resolving the question of at what point in the process should the decision-making body adopt findings, Topanga again provides guidance. Topanga states that findings should enhance the integrity of the administrative process, help make analysis orderly, and reduce the likelihood that the agency will randomly leap from evidence to conclusions. This requires the decision -makers to identify the reasons supporting a decision prior to taking action. However, in the daily reality of acting on a myriad of different land use applications, a local body may face a number of factors making it difficult to formulate detailed and well - articulated findings and reduce them to writing at the point of the decision. Factors affecting this include the nature of the decision, the evidence, and the presence or absence of external factors like State mandated time limits requiring local agencies to act 29 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 within specific time periods. The following example illustrates how these factors operate to influence the adoption of findings. Late in the evening, after lengthy public testimony and extensive post - hearing discussion of the basis of the decision, a city planning commission has reached consensus to deny a tentative subdivision, contrary to the staff's recommendation. The staff report contains suggested findings supporting the tentative subdivision, and environmental findings supporting the adoption of a Negative Declaration. The commission must act on the application that evening because of statutory time limits. For decisions affecting subdivision maps, the commission acts by motion to adopt a resolution, and the sponsor of the approving motion, a lay person, has difficulty articulating all the reasons which have been discussed for approving the project. Because of the time limits, there is no future opportunity to incorporate the findings into the decision. This illustration shows several practical difficulties in adopting adequate findings. First, lay commissioners may not readily assimilate new information and may have difficulty verbalizing their rationale in the form of structured findings needed to support their decisions, especially if such decisions closely follow lengthy public hearings and statutory time limits are present. Second, if the resolution must be adopted that night due to statutory time limits, there is no opportunity to direct staff to prepare a resolution incorporating the necessary findings supporting the action taken, the preferred approach. In this example, had the commission agreed with the staff analysis, it could have adopted findings by reference to the staff report, since making findings by reference is permissible (McMillan v. American General Finance Company (1976) 60 Cal.App.3d 175, 184). Many agencies have their staff prepare proposed findings for their decision -makers to consider and then use, revise or reject. The suggested findings can help the decision -makers identify the appropriate information, policies, and regulations governing the proposed project and guide them in making the necessary findings. Of course, before adopting any staff -prepared findings, the decision -makers must objectively review and, where necessary, revise them to make sure that they accurately reflect both the evidence in the record (which is likely to be supplemented in the hearing afterthe preparation of the staff report) and their own conclusions. In addition, failure to objectively review these findings by the decision-making body exposes the City to a challenge for acting without appropriate deliberation. That is, in the end, the commission would not adopt findings of their own decision but, instead, would adopt findings reflecting the staff opinion of what the decision should be. Where the opportunity exists, many local land use decision-making bodies take tentative action and then direct staff to draft a written statement of the supporting reasons as reflected in the evidence and the deliberative discussion. The staff draft can then be reviewed for adoption as the agency's findings at a later meeting. This method provides 30 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 the opportunity to carefully review the entire record, including the evidence presented during the public hearings. Of course, if this review of the record reveals that there is an evidentiary gap, the decision -makers must be prepared to alter their decision. Whether or not a decision-making body relies on staff -prepared findings pre- or post - hearing, the goals are the same. These goals are to ensure that decisions are made in an open and reasonable manner, based upon articulated reasons which in turn are based upon the evidence in the record. Bridging the Ga California courts have demonstrated their concern for rational and open land use decisions that protect the public interest. The Topanga 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 attheir 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 §21081 requires decision-making bodies to make one or more findings when an Environmental Impact Report identifies significant effects of a proposed project. Also, 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. Specific Action A Conditional Use Permit (or C.U.P.) is an application filed in order to establish a use that is not automatically permitted in the zone. The conditional use permit procedure was created in order that controls could be placed upon particular uses of land so that the use will not adversely affect neighboring properties. Land uses are either automatically 31 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 permitted, conditionally permitted by approval of a conditional use permit, or prohibited. A prohibited use cannot be allowed through a conditional use permit. In granting a C.U.P., specific findings must be made. Typically, these are: (1) the proposed use and development will be consistent with the General Plan; (2) the site is adequate in size, shape, topography, location, utilities, and other factors to accommodate the proposed use and development; (3) there will be adequate street access and traffic capacity; (4) there will be adequate water supply forfire protection; and (5) the proposed use and development will be compatible with the intended character of the area. The Diamond Bar Zoning Code may have additional or slightly different criteria. A Variance is an application requesting an exception from a standard required by the zoning ordinance. For example, an applicant may file fora Variance to exceed the height restriction on a house or a reduction in the number of parking spaces provided at a restaurant. A Variance to permit a use not authorized in the zone district a "Use Variance" - is prohibited by State law. In granting a Variance, the reviewing body must make specific findings consistent with State law. These are: (1) special circumstances applicable to the, property exist, such as its size, shape, topography, location or surroundings; (2) the strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by other property owners in the vicinity and the same zone district; and (3) granting of the Variance will not constitute a special privilege. ATentative Tract Map or Parcel Map (subdivision map) is a map recordingthe division of land for the purpose of sale, lease, or financing, and is governed by the Subdivision Map Act. A subdivision of five or more parcels requires a tentative and final map. A subdivision of four or fewer parcels requires just a parcel map. In granting a Tract Map or Parcel Map, the reviewing body must make specific findings consistent with State law. These are: 1. The proposed map is consistent with applicable general and specific plans; 2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans; 3. The site is physically suitable for the type of development; 4. The site is physically suitable for the proposed density of development; 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems; 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; 32 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 8. The Commission has considered the effect of the tract map [parcel map] on the housing needs of the region as set forth in the City's Housing Element; and 9. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. A Zone Change is a request - generally by a private individual but occasionally by the City- to rezone a property from one zone district to another zone district. For example, a petition may be filed to rezone a property from a residential zone to a commercial zone. Other than being in conformance with the general plan, no specific findings are necessary for a zone change, as this is a legislative matter. In general, specific findings are necessary in connection with action upon an application for a subdivision, variance, conditional use permit, specific plan, and other discretionary permits, and revocation of all of the above discretionary permits. Summary Congratulations on your appointment to the Planning Commission. As a Commissioner, your activities during your tenure will have a significant impact on the residents of Diamond Bar. The City sincerely hopes that you will serve your community always with the public good firmly in mind. The City also trusts that you will listen to all sides of all issues, discern between the important concerns and the self-serving ones, weigh the options with a critical mind and an open heart, and base your decisions on a commitment to serve the public responsibly. The City of Diamond Bar applauds your involvement and support of city government, where citizens can directly address local political and economic concerns and seek appropriate representation. 33 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 vll. APPENDIX 34 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 City of Diamond Bar, Telephone List ADMINISTRATION Linda C. Lowry, City Manager 839-7011 City Council Office 839-7010 CITY CLERK Linda C. Lowry, City Manager 839-7016 COMMUNITY AND DEVELOPMENT SERVICES Nancy Fong, Interim Community Development Director 839-7081 PUBLIC WORKS David Liu, Director of Public Works 839-7041 PLANNING AND NEIGHBORHOOD IMPROVEMENT Nancy Fong, Interim Community Development Director 839-7081 COMMUNITY SERVICES Bob Rose, Director of Community Services 839-7061 BUILDING AND SAFETY Dennis Tarrango, Building Official 839-7020 PLANNING COMMISSIONERS Kwang Ho Lee (Tanaka) 861-4356 Ruth Low (O'Connor) 839-7030 Joe McManus (Herrera) 861-4409 Dan Nolan, Chair (Zirbes) 860-7634 Tony Torng, (Chang) 598-7855 35 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 Description Of Commissions/Committees Planning Commission -Comprised of five members, the Planning Commission reviews all development issues (tract maps, specific plans, hillside development, etc.) to assure they conform to the General Plan. Many actions of the Planning Commission are final, unless appealed to the City Council Traffic and Transportation Commission - Comprised of five members, the Traffic and Transportation Commission reviews local traffic conditions and recommends to the City Council appropriate actions to deal with traffic congestion. Parks and Recreation Commission - Comprised of five members, the Parks and Recreation Commission reviews the quality of the parks system and recreation programs and recommends to the City Council appropriate actions to deal with these and related issues. Significant Ecological Area Technical Advisory Committee (SEATAQ - A committee of environmental professionals assigned to review and advise the City on the ecological impacts of development proposed within a significant ecological area (SEA), pursuant to Municipal Code Section 22.56.215. Statement of Principles The proper operation of Diamond Bar government requires that: 1. Public officials be independent and impartial in their judgments and actions. 2. Decisions and policies be made in the proper channels of the governmental structure. 3. Public office, whether appointed or elected shall not be used for personal gain. 4. The public have confidence in the integrity and openness of its government and public officials. Policies for Service The City Council has, therefore, adopted the following policies: 1. Respect the importance of American ideals of government and the rule of the law. 2. Work for the common good of the City of Diamond Bar and its citizens and not for any private interests. 3. Provide fair, equal and courteous treatment for all persons and matters coming before the Council or any Commission. 4. Learn and study the background and purposes of important items of business before voting. 36 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 S. Perform faithfully all duties of office, including attendance at Commission training sessions. 6. Refrain from disclosing any confidential information concerning the government of the City of Diamond Bar. (For example: personnel, negotiations, litigation.) 7. Avoid accepting any,gifts, or favors, or promises of future benefits, which might compromise or impair independence of judgment or action. 8. Refuse to approve any breach of public trust or improper attempts to influence any pending matter. 9. File a Conflict of Interest Statement with the City of Diamond Bar within ten (10) days of appointment as a public official. Make sure all "financial interests" are disclosed as required. Thereafter, file appropriate Conflict of Interest Statements as required by law. 10. Disclose financial interests, which are likely to be materially affected by the City's or Commission's decision, when performing City duties. 1 1. Refuse to vote, appoint a person, commit the City, and enter into a contract or otherwise make City decision in which you have a disqualifying financial interest. 12. Refuse to negotiate, advise, make recommendations, conduct research, or prepare any analysis or reports concerning City decisions in which you have disqualifying financial interest. 13. Decline any employment incompatible with public duty or resign from his/her position as a public official, elected or appointed. 14. Recognize that repeated disqualification demeans the value of our service to the City. If this is occurring, resignation would be appropriate. 37 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 City of Diamond Bar Organization Chart City Council City Manager Deputy City Manager ir„",na.a,m<— Ruilrling& Community Puhiic Safety Services ". �Inspecllon' Lndscp/Lighflng Capital lmprovemenl Projects R Plan Check' District Maim Street & Traffic Signal fl i'srks Wirt/ .Maintenance' Improvements T.BIc&T.nsparlation Recrealion - Solid Waste Mgml' Senior Services Engineering Sped,l Events-Inspedion' - Plan Check' Planning Neighborhood Economic Improvenaen[ Development Development Processing Graffitikemoval-SmIness-Iraqi"., -EmironmrntalRevicw -Business Relen Community DeveiopO mens Block Grant evelopmen City Arpric Agcncy0 Allomey etlianx Ps t City Manager Adminroi talion cnn,rn/sten"&u "" City Public Finance Human Clerk Iniormalion Resources curls Mgnn Yu61i<Relations -Accounting Risk Mgnd Public Education Pay7oil Rsendlmenl TAedia Relations Budge, -Benefit Admin Finannal Reporting Cmploycc Relations Public Information Safety Systems Animal Control" Egovemment Emargency Goordina,ion Preparedness Los Angeles Cmmry Fire•' L—kngnies County Sheriff' 38 City of Diamond Bar Planning Commission Handbook DRAFT November 8, 2005 ATTACHMENT "2"(b) I. INTRODUCTION Con.gratulations on your appointment as a Planning Commissioner! The City of Diamond Bar encourages and promotes resident involvement in City government Appointment toxhe Planning Commission enables residents to play a key .,.--- role in the important function of formulating and implementing the land use policies of the City,-- --------------- - This handbook is intended to give you an orientation tt-your role --as a Planning, Commissioner. It includes an overview of the Commission's role andresponsibilitiesand'. `•., the structure and procedures of Diamond Bar's Municipal Government. We hope thatthis `. handbook will be useful to you in your ongoing activities as a member of the Commission. When in doubt as to your legal obligations and responsibilities; always feel free to ask your staff for advice; when appropriate, the City Attorney will be consulted to assist you. Diamond Bar Commissioners are vital to the City's organization and its efforts to meetthe needs and interests of the Community. It is hoped this handbook will assist you as a member of the team. The City Council and staff are most appreciative of your time and efforts. City of Diamond Bar Planning Commission Handbook March 22, 2005 Deleted: citizen participation in the decision making process through a variety of activities Deleted: Most notable are the citizen appointments to a number of standing Commissions to advise the City Council on specific issues and problems. Deleted: i Deleted: is empowered to make decisions, subject to appeal to the City Council. Deleted: of 11. GENERAL INFORMATION History of Diamond Bar As with many Southern California communities, Diamond Bar's recorded history began with a 4340 -acre Spanish land grant deeded by Governor Alvarado to Jose del la Luz. The land was divided into parcels, which changed hands many times prior to 1900. In 1918, Frederick E. Lewis bought most of the original Rancho Los Nogales area to establish a cattle ranch and registered the Brand of Diamond Bar with the Department of Agriculture. In 1956, Transamerica Corporation paid $10 million to purchase 8,000 acres of Diamond Bar Ranch from the Bartholome Family. Transamerica formed a master -planned community that would eventually become home to some 53,500 people. The first model homes were built at the north end of town in 1960 and a development "boom" was begun. The first effort to gain local voice in government began with the formation of the Diamond Bar Homeowners Association in 1964. The name was changed in 1986 to the Diamond Bar Improvement Association (DBIA) to serve the community as a whole. Between 1964 and 1989, the DBIA represented the community before various county agencies on matters of development and accepted responsibility for enforcing covenants, conditions and restrictions (CC&R's) on the deeds of all residential tracts. In 1976, the Los Angeles County Board of Supervisors created the Diamond Bar Municipal Advisory Council (MAC) to provide a focal point for community input to county government. - ...... _ ....... ....................................... __........... ..._......_.... Diamond Bar's Form of Government The City of Diamond Bar was incorporated as a general law city on April 18, 1989,with a Council/Manager form of government. The City Council is composed of five members elected for sttlggered_four_year terms, It is the governing body of the City, vested with regulatory and corporate power. The City Council establishes policy and is ultimately responsible to the people for the actions of the local government. The mayor and,mayor pro -tem, selected annually by the City Council, preside over the Council. _ Diamond Bar is a typical suburban bedroom community with limited commercial and industrial land. Commercial acreage is primaries developed with uses designed to serve community of about 58,000 situated among meandering hills and valleys of Brea Canyon. Covering 14.77 square miles, it is located at the junction of the "57" and "60" freeways. City of Diamond Bar Planning Commission Handbook March 22, 2005 Deleted: Diamond Bar is a typical suburban bedroom community with limited commercial or industrial land. Commercial acreage is primarily developed with uses designed to serve residents of the community. Today's Diamond Bar is a young, upscale residential community of about 58,000 situated among meandering hills and valleys of Brea Canyon, Covering 14.77 square miles, it is located at the junction of the "57" and "60" freewaysJ9 Deleted: as a general law City ^� Deleted: overlapping Deleted: by Diamond Bar. residents Deleted: Diamond Bar's 1 organizational structure consists ofa _ Deieted: a _ J Deleted: The mayor is the presiding 1 officer of the Council for a period of one year, with the mayor pro -tem as the position's backup. -� Deleted: Because of the complexity, ....... ... ... .... . .............--.......... .., _..-___--_.... _._.._. _. _- divers and quantity of issues facing ng CCS Advisory Bodies I the City Council, Commissions are asked for input in the decision-making The City Council has established several permanent process.9 commissions to assist it in operating the City's government. These commissions are generally advisory in nature, although the Planning Commission is unique insofar as it possesses decisionmaking powers. The Towers of the Planning Commission are set forth in the Cali fomiaGovernment Code and in the Municipal Code., ... Deleted: There are two types of .. .......... _...- ._ ..... .......... _------_...-..._ advisory bodies. The Planning Commission is established by City From time to time the City Council established temporary committees and task forces to ordinance and is of a permanent address specific issues of interest to the community.The rima ur ose of these -The prima. ry.p...p........... t nature. The duties, responsibilities and scope of authority are set forth in the mmittees is to gather information, wei h ublico inion, and examine issues in -de th in _. .. ling ord her type of enabling -----------------... --- --..._..............—..----P'---'----p'-"""----'--"---_.----...----'------..f....... City order to make a recommendation to the Cit Council. bodynas created byaCity " Council resolution to serve a particular function for the City. J City Staff Deleted: 9 Deleted: both Commissions and City Manager — The City Manager is responsible for the administration of the City's Deleted: c government. He/she is appointed by the City CouncilRand in turn appoints department heads and employees to operate the City government and provide services to the ' - Deleted: , community. The City Manager directs the work of al.l departments in the implementation ( Deleted: serves as the City"s Treasurer of the policy directions determined by,the City Council The City contracts for &olice, .-- Deleted: direction of fret and building and ;afety services. ---------- - Deleted: P Deleted: F Assistant City Manager/Administration Services manages the City Clerk, Finance, Public Deleted: B Safety, Human Resources, Public Information, and Information Systems Divisions. Deleted: s Assistant City Manager/Community and Development Services manages the Planning, Neighborhood Improvement, Economic Development, Building and Safety, Public Works/Engineering, and Community Services Divisions. • The Planning Division is charged with advanced and current planning; coordination and monitoring of growth and development; implements the General Plan; and Community Development Block Grant programs. The Division prepares and administers projects for compliance with the Municipal Code. The Planning Division insures that all projects receive the required environmental review in compliance with the California Environmental Quality Act (CEQA). • The Building and Safety Division is responsible for the protection of public health and safety through the enforcement of the building and related codes. This division provides for building and safety plan check, permit issuance and inspection services. • The Economic Development Division is responsible for business attraction,__ {Deleted:; City of Diamond Bar Planning Commission Handbook March 22, 2005 business retention, and the advancement and administration ofeconomic { Deleted:; development. The Neighborhood improvement Division enforces the City's Municipal Code. The Public Works/Engineering Division is responsible for the City's traffic and transportation activities; grant administration; administration of related Capital Projects and Funds; day -today maintenance of publicly owned properties, (i_e. ._. Deleted:; streets, curbs, gutters, sidewalks, traffic signals, signs street lights, sewers and storm drains). The Division coordinates City projects and plans with other governmental agencies to ensure that the City's concerns are addressed. This Division is also responsible for land development improvements and manages and enforces the City's requirements for subdivisions, lot development, utilities, vehicle/pedestrian traffic, and the use of public right-of-way. All plans and projects for proposed development are reviewed and any required reports are prepared for the Planning Commission, Traffic and Transportation Commission and the City Council. The Community Services Division is responsible for the maintenance and operation of the City's parks and municipal buildings. This includes grounds maintenance, facility upkeep, park improvements and capital projects. This Division also administers the City's community recreation programs, and City sponsored activities. 4 City of Diamond Bar Planning Commission Handbook March 22, 2005 I11. COMMISSION MEMBERSHIP AND OPERATIONS Membership The Planning Commission consists of five (5) members, each of whom must ._be a__..Deleted: shall Diamond Bar resident. Each Planning Commission member is_appointed by one member {Deleted: shall be of the City Council subject to approval by the Council as a whole. Commissioners are Deletea:lfamemberof[he City appointed to two year terms of office, expiring on the last day of February of even c°°ncllfailst°make an appointment ................ _.... _ r .. ... _ _.........._...... ....... within thirty days of a vacancy, a numbered years. majority of the City Council shall appoint to fill the unexpired term of the Selection to the Planning Commission is based on the following: a broad perspective and concern for the welfare and progress of the City; a familiarity with the City's history, issues, and goals; an interest in the Planning Commission's function and area of responsibility; a readiness to devote time and effort to carrying out a Commissioner's duties and responsibilities; and willingness to be aware of and understand the City Council's policies and goals. __ .. .... .._.__..__. __.__.....__. .... ..... _..__.. ..___._____... ... Officers The Planning Commission, at its first regular meeting in March of each calendar veal; elects a Chairperson and Vice Chairperson from among its appointed members fora term of one year. The Commission may create and fill such other offices as may be deemed necessary. Chairperson - The Chairperson j&the presiding dicer at all Planningm Comission =- meetings. The Chairperson is responsible for the maintenance of order and decorum at all times. The Chairperson also signs resolutions and documents approved bythe Commission at meetings when lie or she is in attendance. In the absence of the Chairperson, the Vice Chairperson performs those functions In the absence of both the Chairperson and the Vice -Chairperson, the Commission,mustelect atemporary Presiding j r' officer to serve until the arrival of the Chairperson or Vice_-Ch_airperson__ or_ u__n__t_il ' adjournment. The Chairperson may appoint standing or ad hoc subcommittees of less than a quorum of the Commission. Subcommittees may then meet to carry out their assigned tasks. Meetings of subcommittees will be arranged by staff. Vice -Chairperson -The vice -Chairperson, in the Chairperson's absence or i nabi I ity to act, 5 City of Diamond Bar Planning Commission Handbook March 22, 2005 Deleted: The Deleted: for the Commission shall be two -years Deleted: Each member of the Planning Commission shall be deemed to have resigned from hisfher position on the Commission ninety (9o) calendar days after the succession of the City Council person who appointed the Commissioner. That position will be deemed vacant and available for appointment for the otherwise unexpired term, if any.I Deleted: shall_ Deleted: , Deleted: shall be Deleted: P Deleted: D — Deleted: shallpreside. .� Deleted: shall Deleted: v Deleted: The Chairperson shall sign resolutions and documents approved 6y the Commission at meetings when { he or she is in attendance. Deleted: In the event of his or her absence, the Vice -Chairperson shall sign all such documents as have been adopted and approved. In the absence of the Chairperson and the Vice - Chairperson, the temporary Presiding officer shall sign all such documents as have been approved and adopted during the meeting at which he or she presided. Deleted: The Chairperson or Presiding officer is responsible for the maintenance of order and decorum at all times. No person should be allowed to speak who has not first been recognized by the Chair. All questions and remarks should be addressed to the hair. shall take the place of and perform all duties of the Chairperson. Deleted: The Chairperson may appoint special subcommittees of less than a quorum of the Commission. Vacancies Subcommittees may then meet to carry out their assigned tasks and meetings will be arranged by staff. A planning commissioner automatically vacates his or her position on the Commission If absent from three(3)consecutive regular meetings; or from more than fifty percent (50%) of the regular meetings in any one (1) year. memberof the Plan unanimous vote of the If a vacancy occurs, other than by expiration of a term, an appointment to fulfill the LDefeted_sha11 unexpired remainder of the term must bem within thirty days by the Councilmember ` Deleted: shall _ade . who appointed,.orhadthe opportunity toappoint, the Commissioner whose position was Deleted; lfa memberofthe Planning _.sated. If that Councilmember fails to appoint within the thirty -day period, a ma iority of ' Commission is absent from three (3) consecutive regular meetings, or from the City Council is authorized to_appoint to fill the vacancy i cy more than fifty percent (so%)of the .. _.______._..._....__..___,____-__________________..___: ,: regular meetings in any one (1) year, the office of said Commissioner shall thereupon be deemed vacant and the ' Secretary to the Commission shall Quorum immediately inform the City Council thereof.1 A quorum consists of a three,Members of the Commission and is sufficient to conduct r of th Any member a Planning ___.___....____._____________-_____________--_______--- business. Motions may be passed 2-1 if only 3 Commissioners are in attendance. A Commission may be removed without cause during hisfner term of office by quorum is required to conduct business at any meeting, whether it is a regular, adjourned four-fifths vote of the City Council. No or special meeting. While a Commissioner is expected to be present at all meetings, if such member may be removed during the initial three months of any term of he/she knows in advance that his or her attendance is not possible, he or she should notify office for which he/she is appointed Secretary. the Commission Secreta except by unanimous vote ofthe City Cmmcil.5 Deleted: majority (3) of the • The Brown Act requires that a regular meeting date and time be established each Deleted: need not be held unless month. Meetings may be cancelled if there is, not sufficient business t0 be discussed Deleted: wil .............................................. ._ Deleted: and therefore not necessary to convene. There are two ways to If a majority of Commissioners will not be present to allow for a quorum, the following handle this situation:q steps should be taken to ensure that a public meeting is properly cancelled: 9 <e>TheCommission secretary posts a notice at the meeting place indicating • State the intention to cancel the meetinga minimum of 72 hoursrp iorto cancelled that •'for lack of quorum, the meeting will not be held." A copy of the notice or rescheduled date; roust be kept in the minute file for the • Send out written notices to all affected parties (those that receive the agenda recordI or, to have the Commission Secretary p aekets); or designee show up at the regular • Assign a staff member to attend the_ cancelled meetin' tog inform anyone that meeting place and time and finding no quorum, adjourn. Minutes are prepared '- " - ""., ' arrives that the meeting will not take place. This person must stay a minimum of noting a lack of quorum. — --- Deleted: one person 6 City of Diamond Bar Planning Commission Handbook March 22, 2005 15 minutes. Meetings Regular Meetings -The Planning Commission meets on the second and fourth Tuesday of each month at 7:00 p.m. at the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive as specified in a Resolution adopted by the Commission. The meeting time and place maybe changed with 24-hour notice duly given to the public and media to accommodate specific needs. Adjourned Meetings - If, for any reason, the business to be considered at a regular meeting cannot be completed, the Commission may designate a time and date for an adjourned meeting. Any matter to be considered at the regular meeting may be considered.at an adjourned meeting The adjournment must -be announced to the public present at the time and recorded in the minutes. A notice of adjournment must be posted near the door of the room where the meeting was held within 24 hours of said adjournment. Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Deleted: processed Special Meetings Special meetings may be called by the Chairperson or majority of .... Deleted: Special and shall e c. _- 1 h Commissioners,with notice iv en to the commissioners,andmediaatleast24hours prior p g -------- ._ __ . _. __ .. time and place as the Commission to the special meeting. The notice of the meeting must specify the time and place of the determines. meeting and the business to be transacted, and only matters specified in the notice maybe Deleted: or the secretary_ considered pursuant to Section 54956 of the California Government Code. Special �Deleted:ayco�nal meetings shall be open to the public and held at such time and place as set forth in the notice. Study Sessions - Study sessions, often called "work sessions" are usually informal, though public. They are usually scheduled as adjourned regular meetings and have a separate agenda. Notice of all meetings and gublic 3earings i� made pursuant to California Government - Deleted: P Code Sections 54950 etseq_ and Diamond Bar Municipal Code (DBMC) Section 22.72: Deleted: n Agendas and public Dearing r&otices.aar posted as required by law ___oeleted:5hall be Deleted: , All regular and adjourned meetings, study sessions and special Planning Commission Deleted: P meetings are open to the public_ Every regular meeting's agenda must_ provide an Deletes: H opportunity for members of the public to directly address the Commission on items of Deletes: N public interest that are within the Commission's jurisdiction. Additionally, members of the Deleted: snail be public must be provided an opportunity to address the Commission on any agenda itemoeleted:5nanbe prior to or concurrently with, the Commission's consideration of the item. The — Commission may establish its own procedures relative to public participation, provided Deletes: that the procedure does not conflict with the Brown Act. City of Diamond Bar Planning Commission Handbook March 22, 2005 Agenda for Meetings The Commission Secretary is responsible for preparation and distribution of the agenda and supporting documents prior to each meeting. The Agenda must be posted 72 hours .. Deleted: shall _ prior to a regular meeting. The Order of Business of each meeting shall be as contained in the Agenda prepared by the Secretary. The Agenda shall indicate the schedule and subject of public hearing(s) and be a listing by topic of subjects which shall be taken up for consideration and disposition. However, with the,consent of the Commission, mus ites {Deleted: unanimo--- - ---- - -------- ---------- may be taken out of order. A Commissioner may request to place one item on the agenda per meeting. The Planning Commission Secretary's advice shall be obtained pertaining to the staff's work load, costs that may be encumbered by the City, and urgency of the item. No discussion, action or commitment may be taken on items that - are ........ _ must entertain comments from the public and commissioners may make brief reports or responses, but these should be kept short and any matter that the Commission wishes to discuss at length should be scheduled for a future meeting„ Public Hearings Official public hearing notices a advertiseclper DBMC Section 22.72_.021. 0. Hearings held by the Commission should be fair and impartial. If any member is biased or has a personal interest in the outcome of the hearing, that member must disqualify himself/herself and not participate. Deleted: which Deleted: No discussion may occur regarding an item which is not posted on the agenda. Deleted: Items brought up by the general public may be presented. However, there will be no discussion held or action taken. The commission may refer the item to staff. Deleted: shall be Persons and/or groups who may be affected by the subject of the hearing should be given sufficient notice and a reasonable opportunity to be heard. They may be represented by counsel or any other representative if desired and may be permitted to present oral and documentary evidence. --..-- Deleted: They should also be --- off -the -subject comments should be ruled out of order by the Chairperson. permitted to ask questions of any i Deleted: to speaker to ensure a full and true At the appropriate time, the Chairperson should open the hearing and explain to the questions relating to the report. Proponents should then be given the opportunity t0 disclosure of the facts. audience the hearing procedures. The manner of conducting hearings is at the Chairperson's control and discretion. If there are numerous persons who would like to participate, and all represent the same view and opinions, the Chairperson may ask that a spokesperson be selected to speak for the group. If this arrangement cannot be made, the Chairperson may restrict each speaker to a time limit so all may be heard. Irrelevant and off -the -subject comments should be ruled out of order by the Chairperson. Deleted: the usual procedure is for i Deleted: to After the hearing is opened, staff presents the staff report, followed by Commissioners' ;5'" Deleted: This I questions relating to the report. Proponents should then be given the opportunity t0 Deleted: the opponents to present present their case first. The proponents aro followed by any other speakers interested in their case thematter, Proponents can then present their rebuttal, if any, ,—Questions may asked .! .-- Deleted: to those points presented by through the Chairperson. After all interested persons have had an opportunity to speak, •;"., opponents the hearing should be closed, which ends the audience participation. Commissioners may Deleted: Either side may ask _ • Deleted. City of Diamond Bar Planning Commission Handbook March 22, 2005 then discuss and take action on the proposal No hearing that has been closed may be reopened without additional notice in the same manner as the original hearing. An exception allows a hearing to be reopened at the same meeting it was closed and before the Commission has taken up another matter, and if no interested person has left the meeting room. Limitation on Collecting Evidence Outside the Hearing {Deleted: the proposal The fair hearing concept 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. Hence, procedural problems ,can ariseif Commissioners collect evidence outside of the public - Delete d: This can be a problem _.... ..................... ..... .__ . .- -- --- -- hearing without disclosure at the hearing._ For example, the Commissioners may find it desirable to visit the site that is the subject of an application. So long as the Commissioner indicates on the record that he/she has done so and describes what was seen, a site visit will not affect the validity of the hearing. The Commissioner 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 they 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. Compensation ,Commissioners are, compensated for attending regularly scheduled, adjourned and - special Planning Commission meetings, in a fixed sum established by City Council resolution- The Commission Secretary is responsible for processing warrants for payments and Commissioners are paid on a monthly basis: Each Commissioner has the right and opportunity to waive his or her compensation a letter,waiving compensation must be-_-,-.-.- sent to the City Manager. Reimbursement The Commission may receive reimbursement for travel, meals, lodging and related expenses incidental to the performance of their official duties, including attendance at seminars, conferences or training courses. Prior approval is required to be obtained from the City Council for attendance at seminars or conferences. All other expenses require City Manager approval. Said expenses may by advanced to Commissioners or otherwise paid in accordance with policies, established by City Council. The Commission Secretary will handle all paperwork necessary to receive compensation. Staff Liaison City of Diamond Bar Planning Commission Handbook March 22, 2005 Deleted: The 1 Deleted: will be Deleted: or 'Deleted: will be Deleted: right to be compensated Deleted: and Meted: of Deleted: ft, right The Assistant City Manager/or designee shall be the Secretary to the Planning Commission. io City of Diamond Bar Planning Commission Handbook March 22, 2005 IV. COMMISSION ROLE Purpose Pursuant to, California Government.Code Section 65103, Planning and Zoning Law, the .- -- Deleted: Per Planning Commission's primary responsibility is to I implement the General Plan. The ...... Deleted: develop and General Plan is a comprehensive, long-term plan for the City's physical development and areas within its sphere of influence. The Commission from time to time,,reviews andDeleted: also adopts, implements, and j recommends amendments to the General Plan. periodically Duties State law (Government Code Section 65902) and Diamond Bar Municipal Code Section - - -- Deleted: In aadlHon m State laws and also per the Planning Commisson The Commission has 22.64.050 set forth the various duties ofi ---- '- Deleted:, it is decision making authority, subject to appeal to the City COUnCili on a variety of quasi- Deleted: sdu. ndronctlonto judicial permits and entitlements including conditional use permits, variances, development permits and subdivision maps. In addition the Commission considers and f Deleted: -i- developmnnt protects, and make makes recommendations to the Cit), Council for final decisions on: • Capital Improvement Projects' Conformance to the General Plan; • Development agreements; Development Code amendments; o Environmental documents; • General plan amendments; • Specific plans; • Zoning map amendments; • Applicable policy or ordinance matters related to the City's planning process. Meeting Procedures The following steps are recommended for the efficient conduct of meetings: Call to order - Every meeting shall be called to order by the Presiding officer. In the absence of both the Chairperson and Vice -Chairperson, the meeting shall be called to order by the Secretary, whereupon the Secretary shall immediately call for the selection of a temporary Presiding Officer. Roll Call -The order of roll call shall be alphabetical with the Chairperson called last, and the Secretary shall enter the names of those present in the Minutes. Public Comments- Public Comments is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Commission on items or matters of interest to the public that are not already scheduled for consideration on the agenda. The speaker may complete a voluntary request form to City of Diamond Bar Planning Commission Handbook March 22, 2005 address the Commission and hand the form to the Secretary. Consent Calendar -All matters under consent items on the agenda are considered routine and will be acted upon without discussion unless a Commission member or audience member has a question or would like to discuss an item. In that event, the Chairperson will remove that item from the Consent Calendar and place it for separate consideration. Presentation by Members of the Commission - Any Commissioner may bring before the Commission any new business. These matters need not be specifically listed on the Agenda, but extended discussion and/or action on such matters must be deferred until a subsequent meeting unless added to the agendaby a 2/3 vote of those present pursuantto Deleted: acted "Po" California Government Code Section 54954.2 on the Bound that the item carne to the Deleted: - attention of the City after the posting of the agenda and that there is an immediate need at-tinn Points of Order- The Presiding Officer shall determine all Points of Order subject to the - Deleted: o right of any member to appeal to the Commission. If any appeal is taken, the question shall be "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. Decorum and Order - Commission Members - Every Commissioner desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself or herself to the question under debate. Every Commissioner desiring to question the administrative staff shall address his or her question to the Secretary who shall be entitled either to answer the inquiry directly or to designate some member of staff for the purpose. A Commissioner, once recognized, shall not be interrupted while speaking unless called to order by the Presiding officer, unless a Point of Order is raised by another Commissioner or unless the speaker chooses to yield to questions from another Commissioner. If a Commissioner is called to order while speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Commission. Commission Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Commission and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. Any Commissioner may move to require the Presiding Officer to enforce the rules, and 12 City of Diamond Bar Planning Commission Handbook March 22, 2005 the affirmative vote of a majority of the Commission shall require him or her to so act. Members of the Commission shall not leave their seats during a meeting without the consent of the Presiding Officer. Participation of Presiding Officer- The Presiding officer may move, second, and debate from the Chair, subject only to such limitation of debate as are imposed on all Commission Members, and shall not be deprived of any of the rights and privileges of a. Commission Member by reason of acting as Presiding officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. I'" '-----------'""'"'"- .---' Deleted: f he or she desires to personally engage in extended debate on questions before the Commission, Decorum and Order–Employees-Members of the Administrative Staff and employees of the Presiding Officer should consider the City shall observe the same rules of procedure and decorum applicable to tumeemmberberhe Chair over to another . Commission members. The Secretary shall insure that all City employees observe such ---"— decorum. Any staff member, including the secretary, desiring to address the Commission or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Commissioner or public member. Decorum and Order – Public - Public members attending Commission meetings shall _ observe the same rules of order and decorum applicable to the Commission. Any person Deleted: making impertinent and who becomes boisterous or disruptive while addressing the Commission or while slanderous remarks or attending the Commission meeting shall be removed from the room by the sergeant -at - arms if so directed by the Presiding officer, and such person may be barred from further audience before the Commission. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Presiding officer, who shall direct the sergeant -at -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. Enforcement of Decorum - The Secretary shall be ex -officio Commission's sergeant -at - arms and shall carry out all orders and instructions given him or her by the Presiding Officer for the purpose of maintaining order and decorum. Any person disrupting Commission proceedings may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine or imprisonment or both. Upon instructions form the Presiding Officer, it shall be the duty of the Secretary or his or her representative to eject any person from the meeting. Personal Privilege - The right of a member to address the Commission on a question of personal privilege shall be limited to cases in which such member's integrity, character, or motives, are assailed, questioned, or impugned. Personal Interest- No member prevented from voting by personal interest shall remain on the dais during the debate and vote on any such matter, In the event of such conflict, the - Deleted: , unless permitted by the member shall publicly state the grounds for the record and upon acceptance by the Chair Chair. 13 City of Diamond Bar Planning Commission Handbook March 22, 2005 shall leave his or her seat and leave the room during debate on the issue. Limitation of Debate - No member shall be allowed to speak more than once upon any one subject until every other member choosing to speak thereon shall have spoken. No member shall speak for a longer time than five minutes each time he or she has the floor, without the approval of majority vote of the Commission. Dissents and Protests - Any member shall have the right to express dissent from or protest any action of the Commission and have the reason entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons ... ". Procedures in Absence of Rules- In the absence of a rule to govern a point of procedure, Robert's Rules of order shall govern. Manner of Addressing the Commission - Any person desi ri ng to address the Commission shall proceed to the podium and wait to be recognized, he or she shall state his or her name and city of residence for the record and shall limit his or her remarks to the ....-- Deietea:aaae5s questions under discussion. Allremarl<sandcuestinnsshallheaddressedtotheChairand not to any individual Commission Member, staff member or other person. No person shall enter into any discussion without being recognized by the Presiding Officer. Time Limitation - Any public member addressing the Commission shall limit his or her address to five (5) minutes unless further time is granted by the Chairperson. Addressing the Commission after Motion is Made - After a motion has been made or after a public hearing has been closed, no person shall address the Commission without first securing permission by a majority vote of the Commission. Written Correspondence - The Secretary is authorized to receive and open all mail addressed to the Commission as a whole and give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Commission action may be disposed of between meetings. Any communication requiring action will be reported to the Commission at its next regular meeting together with a report and recommendation of the Secretary. Regular Agenda Items/Public Hearings: ✓ Announce the item and what is to be discussed. ✓ Ask staff to present the report. ✓ Ask the Commission if they have questions for staff. ✓ Ask the Owner/Applicant if they would like to present report. ✓ Open the item for public discussion. ✓ Invite those in favor of the item to speak. ✓ Invite those in opposition to the item to speak. 14 City of Diamond Bar Planning Commission Handbook March 22, 2005 ✓ Ask staff if any written communications have been received and, if so, have them read or summarized into the record. ✓ Ask the Commission if they have questions for staff or public. ✓ Turn the item over to the Commission for discussion. ✓ After a motion is made and seconded, the matter may be discussed by the Commission. If there is no second, the motion dies. Amendments may be made by proposal of new motions but are only effective upon receiving a second. Discussion of an amendment may only take place after a motion has been made and seconded. The amendment must be voted upon by the entire Commission and if defeated, then the original motion will be voted upon. Motions The substance of a motion is presented by the moving Commissioner, requires a second, and normally only requires a majority or a quorum (like most resolutions). Processing of Motions - When a motion is made and seconded, it shall be stated by the Presiding officer before debate. A motion shall not be withdrawn by the mover without the consent of the member seconding it and the approval of the Commission. A motion is subject to the following steps: 1. The Commissioner asks to be recognized by the Chairperson; 2. After being recognized, the Commissioner makes the motion with, "I move..."; 3. Another Commissioner seconds the motion. If the motion is not seconded, it fails; 4. The Chairperson states the motion and asks for discussion; 5. When the Chairperson feels there has been sufficient discussion, the debate is closed with, "Are you ready for the question?" or "Is there any further discussions?"; 6. If no Commissioner asks for permission to speak, the Chairperson puts the question to vote; 7. After the vote, the Chairperson announces the decision as is appropriate with: "The motion is carried" or "The motion fails." Phrasing a motion is often difficult and corrections may be necessary before it is acted upon. Until the Chairperson states the motion, the Commissioner makingthe motion may rephrase or withdraw it. The consent of the second is not required. After the motion has been stated by the Chairperson, the consent of the body is required to change or withdraw it. If all of the Commissioners consent, an amendment must be formally acted upon by a motion. Motions may be passed 2-1 if only three Commissioners are in attendance. A split vote (negative, affirmative, or neutral) shall equal denial of the action as submitted. 15 City of Diamond Bar Planning Commission Handbook March 22, 2005 When the Commission is acting in an adjudicative capacity, and if a Commissioner is to vote on a matter that is the subject of a public hearing, the Commissioner should be neteced:wn n present during the public hearing. However, if the public hearing has been closed and continue for a decision to another date, or the hearing is continued to another date, an absent Commissioner can vote if the Commissioner states the following on the record, "I have listened to the full tape of the prior hearing(s) and read all documents considered at the prior hearing(s) on this matter. - Motions to Amend - A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but an amendment to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. Motions for Reconsideration - For any action requiring a resolution passage, a motion for reconsideration may not be introduced after the closing of the meeting where the resolution was adopted. Motions for reconsideration of actions which do not require a resolution passage may be introduced at any subsequent meeting. However, if a motion for reconsideration is introduced, it must be by a Commissioner that was among the majority of the action for which reconsideration is sought. Such a motion may be seconded by any Commissioner who voted on the action or who would be eligible to vote on it if the motion for reconsideration carries. Any questions regarding this point should be referred to the City Attorney. Motions Out Of Order -The Presiding officer may at any time, by majority consent of the Commission, permit a memberto introduce an ordinance, resolution, or motion outof the regular Agenda order. Division of Question - If the question contains two or more divisible propositions, the Presiding officer may, and upon request of a member shall (unless appealed), divide the same. Precedence of Motions - When a motion is before the Commission, no motion shall be entertained except the following which shall have precedence in the following order: 1. Adjourn 2. Fix hour of Adjournment 3. Table 4. Previous Question 5. Amend 6. Postpone 16 City of Diamond Bar Planning Commission Handbook March 22, 2005 Motion to Adjourn (not debatable) - A motion to adjourn shall be in order at any time except as follows: 1. When repeated without intervening business or discussion, 2. When made as an interruption of a member while speaking, 3. When the previous question has been ordered, and 4. While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. Motion to Fix Hour of Adjournment - Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and unamendable except as to time set. Motion to Table - A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. It the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. Motion for Previous Question - Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. Motion to Continue - Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. Resolutions Resolutions should be 'in written form before the Commission. The appropriate motion is "I move that Resolution No. be adopted." Reading of the title is not legally required. Upon seconding, a vote is taken. A roll call vote is the desirable procedure on all resolutions. Resolutions Prepared in Advance - Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may call for a roll call vote or require that the resolution be read in full, Resolutions Not Prepared in Advance - Where a resolution has not been prepared in advance, the procedure shall be to instruct the staff to prepare a resolution for presentation at the next meeting as follows: motion, second, "no objections?- so ordered". Urgency Resolutions - In matters of urgency a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After 17 City of Diamond Bar Planning Commission Handbook March 22, 2005 the resolution has been verbally stated, the voting procedure for resolutions prepared in advance shall be followed. Urgency resolutions shall be avoided except when absolutely necessary. Question to be Stated - The Presiding Officer may verbally restate each question immediately prior to calling for the vote. Following the vote, the Presiding Officer may verbally announce whether the question carried or was defeated. The presiding officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Voting Procedure - On the passage of every motion, the vote shall be taken by voice or roll call and entered in full upon the record. The order of voting shall be alphabetical with the Chairperson voting last. Roll Call Voting -Resolutions shall be considered by roll call vote. Any other questions before the Commission shall not require a roll call vote uiiless demanded by any rneniber before the negative has been put. It shall not be in order for members to explain their vote during roll call. Any member may change his or her vote before the next order of business. Failure to Vote- Every member shall vote unless disqualified for cause accepted by vote of the Commission or by opinion of the City Attorney. Self -disqualification, without approval, which results in a tie vote, shall be avoided as thwarting Commission action. However, no Commission member who abstains shall in effect consent that a majority of the quorum may act for him or her. Tie votes shall be lost motions and may be reconsidered. Reconsideration - Any member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent of the Commission. Staff Responsibilities The Assistant City Manager/or designee lends technical support to the Commission and serves as the Secretary to the Commission. He or she provides the data, information and professional counsel to the Commission while serving as liaison between policy formulation and implantation of same through administrative procedures. The Assistant City Manager/or designee is primarily responsible for administering the day- to-day operation and functions of the Community and Development Services Department 16 City of Diamond Bar Planning Commission Handbook March 22, 2005 within the policies and guidelines as established by the City Council and the City Manager. It is also the responsibility of the Assistant City Manager/or designee to function as communicator between staff, the Commission, and the City Manager. The Assistant City Manager/or designee will facilitate clear, concise and efficient communication of all direct questions, comments, and requests for information between the Commission, City Manager and staff as well as similar requests between individual Commission members and individual staff. The City Manager will assign additional staff to assist the Commission in a technical and professional capacity, as needed. It is not expected that every staff recommendation will be followed; however, because of staff's technical knowledge, full consideration should be given to their recommendations. Staff members make objective recommendations without consideration of personal or political consequences. Following a staff report or recommendation to the Commission, staff is at liberty to make the same recommendation to the City Council via the City Manager, even though the Commission may have taken a different position. Staff Request Procedures All Commissioners' requests for information from staff requiring extensive time commitments will come through the Commission as a whole at a regular meeting during Commissioners Comments. If a Commissioner considers the request an emergency, and time allows, he or she shall attempt to obtain the Chairperson's approval to direct the request to the Assistant City Manager/or designee. If the Chairperson is unavailable, then the Commissioner may directly contact the Assistant City Manager/or designee. The Assistant City Manager/or designee will then report to the Commission at the next regular meeting the nature of the request and the action taken. When a request is made by a Commissioner for copies of correspondence or information, then all Commissioners shall be sent copies of the same information. Each Commission may adopt rules and procedures to accomplish its duties. These rules are subject to City Council approval. Minutes Minutes are taken at all Commission meetings, transcribed and included in the following agenda packet. Once approved, the minutes are forwarded to the City Council for their information. Minutes are then kept as the official record for the Planning Commission's actions and are open for public review. Unless the reading of the minutes of the previous meeting is requested by a majority of the Commission, such minutes may be approved without reading if the Secretary has 19 City of Diamond Bar Planning Commission Handbook March 22, 2005 previously furnished each Commissioner with a copy thereof. The minutes shall consist of a clear and concise statement of each and every action including the motions made and the vote thereon. Reasons for making a motion, or voting, debate and audience reaction are generally not included in the minutes. Such {Deleted: irrelevant for purposes of items may be included if considered to be particularly relevant or otherwise necessaryby the Secretary in the first instance and by the Commission in the final instance. The Secretary shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by action of the Commission. Commission Recommendations Planning Commission actions can be either advisory or conclusive unless appealed to the City Council. Advisory actions are transmitted to the City Council by the Planning Commission Secretary for final action/decision. Relations with City Council, Commissions and Committees in areas where there is an overlap of jurisdiction between various Commissions, ii is important that a liaison be developed to insure consideration of the different viewpoints and to minimize duplications of efforts. Joint meetings with the City Council and other Commissions and committees may be mutually beneficial whenever two bodies are simultaneously addressing the same topic. Planning Commission members may address the City Council on any matter as individuals or,with majority approval of the,Commission, on behalf of the Commission The Commission or a member may disagree with the City Council on an issue. Once the City Council has established a position on alpolicy or legislative issue, the Commission must accept the position, policy, and program adopted by the City Council_ If personal ethical problems arise, resignation from the Commission is appropriate. The Planning Commission should not attempt to predict City Council action, either publicly or privately. Commissioners. may and should interpret City Council policies or identify trends in Council thinking. The Planning Commission or its members should not discuss individual concerns regarding personnel related matters with employees. These matters should be referred to their respective supervisors, department head, or the City Manager. Relations with Public Planning Commissioners are encouraged to become aware of public opinion relating to their field of influence and welcome citizen input at Commission meetings. The 20 City of Diamond Bar Planning Commission Handbook March 22, 2005 Deleted: as a Deleted: Commission Deleted: Planning Deleted: members Deleted: The Commission should not attempt to relieve the City Council of the responsibility for making political decisions. This responsibility properly rests with the City Council and cannot be delegated to any other body, however capable and interested it might be. Deleted: o Deleted: They Commission is encouraged to take inventory of opportunities and resources to increase citizen involvement. 21 City of Diamond Bar Planning Commission Handbook March 22, 2005 V. LEGAL CONSTRAINTS The Brown Act "All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter." (Government Code Section 54953) The law requires that meetings, at which a quorum of the Commission is in attendance, must be open to the public. Agendas must be posted 72 hours prior to regular meetings and they must contain a brief description of each item to be discussed in language understandable to the public. No action, or commitment, may be taken on items which are not on the posted agenda. No discussion may occur regarding an item which is not posted on the Agenda. Items brought up by the general public may be presented, but there will be no discussion held or action taken. The Commission may refer the item to staff. Every Agenda must provide an opportunity for the public to address the Commission. A copy of the Brown Act is available in the City Clerk's office. Conflict of Interest In compliance with the Political Reform Act, the City of Diamond Bar adopted a Conflict of Interest Code on October 3, 1989. It states that newly designated Commissioners must file a Conflict of Interest Statement within thirty (30) days of appointment and thirty (30) days after leaving office. Forms are obtained from the City Clerk's office and must be filed with the City Clerk, no later than the due date. Government Code Sections 87100 and 87103 state under what circumstances influencing a governmental decision is prohibited and what defines a "financial interest." A copy is available upon request. There are a number of other conflict of interest statutes and doctrines which govern such issues as Commission approved contracts in which Commissioners have a financial interest, the holding of two "incompatible" public offices, and other cases in which a Commissioner's ability to render an impartial decision could be questioned. The City Attorney can provide advice on any of these issues. Disqualification From Commission Decisions As a Commissioner, if a matter in which you have a financial interest comes before the Commission on which you serve, and the decision will naturally affect that financial interest, you must disqualify yourself from all participation. This means you may not discuss the matter with your colleagues, may not participate in deliberations concerning the matter, must abstain from voting, and refrain from any attempt to influence the decision on this matter. Commissioners should leave the room while the matter is under 22 City of Diamond Bar Planning Commission Handbook March 22, 2005 consideration in order to avoid violating these prohibitions. The financial interest leading to abstention must be identified and recorded by the Secretary. If a reason is not offered, the Chairperson should request it. There are two exceptions to the general rule. The first exception is that a Commissioner will not be disqualified if the decision will affect the Commissioner's financial interest in the same manner it will affect the public generally. The second exception is that a Commissioner may advocate, on their own behalf, ... Deleted: be provided that they do this as any other citizen would. Personal interests are defined as {Deleted: s real property or businesses owned entirely by a Commissioner and his/her immediate family, and businesses managed entirely by a Commissioner, spouse, or both. City officials should seek the advice of the City Attorney before becoming involved in any Commission decision wherein there is the possibility of conflict of interest. Itis desirable to guard against even the suspicion of unethical conduct by any City official. City officials should be careful to avoid any actor statement that might be misconstrued. Their official behavior should appear to all concerned, to be above reproach. Public Records Law The State of California Government Code provides that all official records of the City are open for inspection by any interested citizen at reasonable times. All Commission minutes and supporting documents are public records and are available for public review and copying. Discrimination and Equal Protection All rules, regulations, laws, services, and facilities must apply equally to all persons and not give favorto any segmentof the community. Similarly, all policies and ordinances of the City must afford equal protection to all facets of the Community. Due Process Governmental procedures and processes generally provide that an affected party has a right to be heard and to present testimony during required public hearings. Unfair determinations, such as bias, predetermination, refusal to hear, etc., may invalidate a Commission action. California Environmental Quality Act Required Procedures In general terms, the following explains the basic steps required by the California Environmental Quality Act (CEQA). Each City is required to adopt its own local guidelines for implementing CEQA. 23 City of Diamond Bar Planning Commission Handbook March 22, 2005 STEP 7 Project application received (a) Staff decides whether the. proposed activity is subject to CEQA or exempt (1) "Exempt" means not within the definition of "project", or that it is ministerial, an emergency project, or categorically exempt (b) An exempt project requires no further action under CEQA or its guidelines (1) The applicant should be notified of the determination. (State Guidelines, §15374 and §15062 and Public Resource Code §21167 (d) (c) Staff reports the environmental determination to the Planning Commission when proposed action on the project is before the Commission STEP 2 Project is subject to CEQA (a) To determine if a project may have a significant effect on the environment, staff conducts and prepares a written Initial Study (1) An Initial Study consists of a completed Environmental Checklist plus staff's analysis of environmental effects (b) After determining that an Initial Study will be prepared, staff consults informally with . other agencies having jurisdiction over the project as to whether an Environmental Impact Report (EIR) or Negative Declaration declaring the project wili not have significant enviruni-nertal impacts should be prepared (1) Staff may also consult with the applicant during or immediately after the Initial Study's preparation and determine whether the applicant is willing to modify the project to reduce or eliminate any significant effects identified in the Initial Study (c) If the proposed project involves the issuance of a permit, lease, license or other entitlement for use, the City must determine in writing, within 30 days from the applicant's receipt, if the application is "complete" (1) A written notice of this determination must be sent to the applicant (2) If the application is not complete, the notice must inform the applicant of all information required to make the application "complete" (3) If the application is complete, the notice should so inform the applicant and may inform the applicant that an EIR or Negative Declaration will be required STEP 3 Initial Study indicates the project may have a significant effect on the environment (a) Staff or applicant may suggest project revisions which, when implemented will result in the project having no significant environmental effects (1) If this occurs, the projectshould be formally revised to reflectthese "mitigation measures" and follow procedures in Step 4 (listed below) (b) If the project may still result in one or more significant environmental effects after mitigation measures are added, follow procedures in Step 7 (c) If the project involves the issuance of a permit, lease, license or other entitlements for use, the City has 30 days from the date the application was determined "complete" within which to decide if a Negative Declaration or EIR is required 24 City of Diamond Bar Planning Commission Handbook March 22, 2005 STEP 4 Initial Study indicates that the project will not have a significant effect on the environment (a) Staff prepares a proposed Negative Declaration (in accordance with State Guidelines §§15070, 15071, 15072, 15074, and 15075) including mitigation measures, if any, and attaches a copy of the Initial Study, documenting reasons to support its findings (1) A Negative Declaration is a written statement briefly describing the reasons that a proposed project will not have a significant effect.on the environment and does not require the preparation of an environmental impact report(CEQA Section 21064) (2) Mitigation measures require a mitigation monitoring program which must be prepared and adopted at the same time the Negative Declaration is adopted (b) Public notice that a Negative Declaration has been prepared must be given before it is approved/disapproved by the Commission (Guidelines §15072) (1) Public review must be no less than 20 days, unless State Clearinghouse review is required (2) State Clearinghouse review requires that public review be extended to 30 days (3) Notice for the proposed Negative Declaration must also be filed with the County Clerk, who must post the notice within 24 hours after receipt of the proposed negative declaration for a 30 day period (c) The City must consult with, and solicit comments from, each agency with jurisdiction over the project by law, consult with persons having special expertise (State Guideline §15073), and 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 Clearinghouse for review (1) For a project involving the issuance of a permit, lease, license, certificate or other entitlement for use, the Negative Declaration must be completed and ready for review by the Commission within 105 days (plus a reasonable extension if the developer/applicant agrees) from the date the project application was determined "complete" STEP 5 Negative Declaration preparations (a) Planning Commission or Council must review and consider the Initial Study, proposed Negative Declaration, any comments received and staff's analysis of those comments and approves or disapproves the Negative Declaration Rrior to making any determination on the project (1) A project can not be approved until a Negative Declaration has been approved or an El has been certified (2) If the Commission finds that the proposed project may have a significant environmental impact, the Commission rejects the Negative Declaration and asks for an EIR to be prepared (3) The City can approve or disapprove a project for which a Negative Declaration is prepared within three months (plus a 90 day extension if the 25 City of Diamond Bar Planning Commission Handbook March 22, 20D5 developer/applicant agrees) from the date the Negative Declaration is adopted; otherwise the project may be automatically approved by operation of law STEP 6 Negative Declaration approved (a) A Notice of Determination (NOD) must be filed with the County Clerk (1) If the Negative Declaration includes a finding of no adverse effect on wildlife, a Certificate of Fee Exemption (The Fish and Game Code §710.5 et seq.) must be filed with the NOD STEP 7 There is or may still be a significant effect (a) A draft EIR must be prepared (State Guideline §15064) (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 (State Guideline §15064) STEP 8 EIR Preparation. (a) The City must send, by certified mail, a Notice of Preparation (NOP) to each agency with jurisdiction over the project- providing the responsible agencies with sufficient inforn iaiion describing' he project and the potential environmental effect to enable the responsible agency to make a meaningful response (1) The NOP 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. The other agencies have 30 days to respond and the draft EIR cannot be circulated for review and comment until that time has lapsed (State Guidelines §15082) STEP 9 After the draftEI�t 's completion .ddt .- ar -- -- - ---- -- - (a) A Notice of Completion (NOC) must be filed with the Secretary for Resources and notice stating the significant effects on the environment, if any, anticipated as a result of the projectand an opportunity to review and comment on the FIR must be given to the public, along with the location at which all the documents referenced in the draft EIR are available for review (1) A 30 day minimum public review and comment period is required (b) The draft FIR 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 (1) A minimum 45 day public review period is required STEP 10 Public Hearing (a) A public hearing on the draft EIR may be conducted. CEQA does not require, but encourages public hearings (1) If a hearing is held, it must be properly noticed (State Guidelines §§15087 and 15202) 26 City of Diamond Bar Planning Commission Handbook March 22, 2005 STEP 11 Final EIR (a) Staff assembles the final EIR which includes the draft EIR plus public and other comments and 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 STEP 12 Certification of EIR (a) The Commission reviews and considers the final EIR and makes the findings required by CEQA and the State Guidelinesrp for to approving the project, including adoption of a mitigation monitoring program (1) No project for which an EIR is required can be approved unless such findings have been made for each significant impact identified in the EIR (b) Possible findings (1) Changes or alterations have been required in the project which avoid or substantially lessen the significant environmental effect, or (2) Such changes or alterations are within the responsibility and jurisdiction of another specific 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)) (c) If the Commission makes either finding (2) or (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 (1) The Commission cannot approve the project unless it finds that the project's benefits outweigh the unavoidable adverse environmental effects. This finding is commonly referred to as a "Statement of Overriding Considerations" (d) Commission makes a decision on the project (1) This can be at the same meeting as the decision on the EIR (2) The City must approve or disapprove the application within six months of the date the EIR is certified or the project may be approved by operation of law STEP 13. If The Commission approves a project for which an EIR was prepared (a) An NOD must be filed with the County Clerk, including a statement of mitigation measures, the Commission's decision, and a statement that an EIR was prepared and certified as required (1) If the project requires discretionary approval from a state agency the NOD must also be filed with the Secretary for Resources (State Guidelines §15094) 27 City of Diamond Bar Planning Commission Handbook March 22, 2005 Imnortance of Findings in Quasi-judicial Action From time to time the Planning Commission will be called upon to exercise its quasi- judicial function. In other words, the Commission will sit as a "judge". Examples of quasi-judicial decisions include decisions on whether a variance or a conditional use permit should be approvecj or a particular piece of property. The following discussion, _-1 Deleted: is appropriate J 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. Topanga: The Cornerstone For Findings Any discussion of findings and decisions affecting land use must begin with the seminal case in the area, Topanga Association for a Scenic Community v. County of Los Angeles, 11 Cal.3d 506 (1974). In Topanga, the court defined findings, explained their purposes, and showed when they are needed. The Topanga court defined findings as legally relevant sub -conclusions which expose the agency's mode of analysis of facts, regulations, and policies, and which bridge the analytical gap between raw data and ultimate decision (Topanga, supra, at pp. 515 and 516). In other words, findings are the legal footprints local administrators and officials leave to explain how they progressed from the facts through established standards to the decision. The Topanga court outlined five purposes for making findings, three are relevant mainly to the decision-making process and two are relevant to judicial functions. Findings should: 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. Serve a public relations function by helping to persuade the parties that the administrative decision-making is careful, reasoned and equitable; 4. Enable the parties to determine whether and on what basis they should seek judicial review and remedy; and, S. Apprise a reviewing court of the basis for the agency's action. Topanga, supra, at pp. 514 and 516 [fn. 14) 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 legislative requirement for findings, the courts determine when they are necessary. In 28 City of Diamond Bar Planning Commission Handbook March 22, 2005 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, a reviewing body holds a hearing, as required by the Constitution, State statute, or local ordinance, 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 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. Not only do these approvals constitute adjudicative acts, their denials are adjudicative in nature as wel I. Especially in the case of tentative subdivision maps, if the decision-making body makes certain statutory findings, it must deny the subdivision map (Government Code Section 66474). If the body makes certain other findings, it has the option of denying the subdivision (Government Code §66474.6). By way of comparison, findings are not necessary for legislative or quasi -legislative acts, unless specifically required by statute (Ensign Bickford Realty Corp. v. City Planning Commission [1977] 68 Cal.App.3d 467, 473). 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. Even though a zone change or general plan amendment may be specific to a particular parcel, it is still a legislative act because its underlying effect is legislative in nature, regardless of the size or geographic scope of the property affected (Arnel Development Company v. City of Costa Mesa [1980) 28 Cal.3d 511, 514; Karlson v. City of Camatilto [19801 100 Cal.App.3d 789, 799). Preparation of Findings: A Question of Timing In resolving the question of at what point in the process should the decision-making body adopt findings, Topanga again provides guidance. Topanga states that findings should enhance the integrity of the administrative process, help make analysis orderly, and reduce the likelihood that the agency will randomly leap from evidence to conclusions. This requires the decision -makers to identify the reasons supporting a decision prior to taking action. However, in the daily reality of acting on a myriad of different land use applications, a local body may face a number of factors making it difficult to formulate detailed and well - articulated findings and reduce them to writing at the point of the decision. Factors affecting this include the nature of the decision, the evidence, and the presence or absence of external factors like State mandated time limits requiring local agencies to act within specific time periods. The following example illustrates how these factors operate to influence the adoption of findings. 29 City of Diamond Bar Planning Commission Handbook March 22, 2005 Late in the evening, after lengthy public testimony and extensive post - hearing discussion of the basis of the decision, a city planning commission has reached consensus to deny a tentative subdivision, contrary to the staff's recommendation. The staff report contains suggested findings supporting the tentative subdivision, and environmental findings supporting the adoption of a Negative Declaration. The commission must act on the application that evening because of statutory time limits. For decisions affecting subdivision maps, the commission acts by motion to adopt a resolution, and the sponsor of the approving motion, a lay person, has difficulty articulating all the reasons which have been discussed for approving the project. Because of the time limits, there is no future opportunity to incorporate the findings into the decision. This illustration shows several practical difficulties in adopting adequate findings. First, lay commissioners may not readily assimilate new information and may have difficulty verbalizing their rationale in the form of structured findings needed to support their decisions, especially if such decisions closely follow lengthy public hearings and statutory time limits are present. Second, if the resolution must be adopted that night due to statutory time limits, there is no opportunity to direct staff to prepare a resolution incorporating the necessary findings supporting the action taken, the preferred approach. in this example, had the commission agreed with the staff analysis, it could have adopted findings by reference to the staff report, since making findings by reference is permissible (McMillan v. American General Finance Company (1976) 60 Cal.App.3d 175, 184). Many agencies have their staff prepare proposed findings for their decision -makers to consider and then use, revise or reject. The suggested findings can help the decision - makers identify the appropriate information, policies, and regulations governing the proposed project and guide them in making the necessary findings. Of course, before adopting any staff -prepared findings, the decision -makers must objectively review and, where necessary, revise them to make sure that they accurately reflect both the evidence in the record (which is likely to be supplemented in the hearing after the preparation of the staff report) and their own conclusions. In addition, failure to objectively review these findings by the decision-making body exposes the City to a challenge for acting without appropriate deliberation. That is, in the end, the commission would not adopt findings of their own decision but, instead, would adopt findings reflecting the staff opinion of what the decision should be. Where the opportunity exists, many local land use decision-making bodies take tentative action and then direct staff to draft a written statement of the supporting reasons as reflected in the evidence and the deliberative discussion. The staff draft can then be reviewed for adoption as the agency's findings at a later meeting. This method provides the opportunity to carefully review the entire record, including the evidence presented during the public hearings. Of course, if this review of the record reveals that there is an evidentiary gap, the decision -makers must be prepared to alter their decision. 30 City of Diamond Bar Planning Commission Handbook March 22, 2005 Whether or not a decision-making body relies on staff -prepared findings pre- or post hearing, the goals are the same. These goals are to ensure that decisions are made in an open and reasonable manner, based upon articulated reasons which in turn are based upon the evidence in the record. Bridging the Gap California courts have demonstrated their concern for rational and open land use decisions that protect the public interest. The Topanga 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 their 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 §21081 requires decision-making bodies to make one or more findings when an Environmental Impact Report identifies significant effects of a proposed project. Also, 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. Specific Action A Conditional Use Permit (or C.U.P.) is an application filed in order to establish a use tha -- -{ Deleted: which is not automatically permitted in the zone. The conditional use permit procedure was created in order that controls could be placed upon particular uses of land so that the use will not adversely affect neighboring properties. Land uses are either automatically permitted, conditionally permitted by approval of a conditional use permit, or prohibited. A prohibited use cannot be allowed through a conditional use permit. In granting a C.U.P., specific findings must be made. Typically, these are: (1) the proposed use and development will be consistent with the General Plan; (2) the site is City of Diamond Bar Planning Commission Handbook March 22, 2005 adequate in size, shape, topography, location, uti I ities, and other factors to accommodate the proposed use and development; (3) there will be adequate street access and traffic capacity; (4) there will be adequate water supply for fire protection; and (5) the proposed use and development will be compatible with the intended character of the area. The Diamond Bar Zoning Code may have additional or slightly different criteria. A Variance is an application requesting an exception from a standard required by the zoning ordinance. For example, an applicant may file for a Variance to exceed the height restriction on a house or a reduction in the number of parking spaces provided at a restaurant. A Variance to permit a use not authorized in the zone district - a "Use Variance" - is prohibited by State law. In granting a Variance, the reviewing body must make specific findings consistent with State law. These are: (1) special circumstances applicable to the property exist, such as its size, shape, topography, location or surroundings; (2) the strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by other property owners in the vicinity and the same zone district; and (3) granting of the Variance will not constitute a special privilege. ATentative Traci Map or Parcel Map (subdivision map) is a map recording the division of land for the purpose of sale, lease, or financing, and is governed by the Subdivision Map Act. A subdivision of five or more parcels requires a tentative and final map. A subdivision of four or fewer parcels requires just a parcel map. In granting a Tract Map or Parcel Map, the reviewing body must make specific findings consistent with State law. These are: 1. The proposed map is consistent with applicable general and specific plans; 2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans; 3. The site is physically suitable for the type of development; 4. The site is physically suitable for the proposed density of development; 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; 6. The design of the subdivision or type of improvements is not likely to cause serious public health problems; 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; 8. The Commission has considered the effect of the tract map [parcel map] on the housing needs of the region as set forth in the City's Housing Element; and 9. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. 32 City of Diamond Bar Planning Commission Handbook March 22, 2005 AZone Change is a request - generally by a private individual but occasionally by the City — to rezone a property from one zone district to another zone district. For example, a petition may be filed to rezone a property from a residential zone to a commercial zone. Other than being in conformance with the general plan, no specific findings are necessary for a zone change, as this is a legislative matter. In general, specific findings are necessary in connection with action upon an application for a subdivision, variance, conditional use permit, specific plan, and other discretionary permits, and revocation of all of the above discretionary permits. Summary Congratulations on your appointment to the Planning Commission. As a Commissioner, your activities during your tenure will have a significant impact on the residents of Diamond Bar. The City sincerely hopes that you will serve your community always with the public good firmly in mind. The City also trusts that you will listen to all sides of all issues, discern between the important concerns and the self-serving ones, weigh the options with a critical mind and an open heart, and base your decisions on acommitment to serve the public responsibly. The City of Diamond Bar applauds your involvement and support of city government, where citizens can directly address local political and economic concerns and seek appropriate representation. 33 City of Diamond Bar Planning Commission Handbook March 22, 2005 VII. APPENDIX 34 City of Diamond Bar Planning Commission Handbook March 22, 2005 City of Diamond Bar, Telephone List ADMINISTRATION Linda C. Lowry, City Manager 839-7011 City Council Office 839-7010 CITY CLERK Linda C. Lowry, City Manager 839-7016 COMMUNITY AND DEVELOPMENT SERVICES James DeStefano, Assistant City Manager 839-7031 PUBLIC WORKS David Liu, Director of Public Works 839-7041 PLANNING, AND NEIGHBORHOOD IMPROVEMENT Nancy Fong, Planning Manager 839-7081 COMMUNITY SERVICES Bob Rose, Director of Community Services 839-7061 BUILDING AND SAFETY Dennis Tarrango, Building Official 839-7020 PLANNING COMMISSIONERS Dan Nolan, Chair (Zirbes) 860-7634 Jack Tanaka, Vice Chair (Chang) 861-0142 Joe McManus (Herrera) 861-4409 Steve Tye 861-7492 Ruth Low (O'Connor) 839-7030 35 City of Diamond Bar Planning Commission Handbook March 22, 2005 Description Of Commissions/Committees Planning Commission -Comprised of five members, the Planning Commission reviews all development issues (tract maps, specific plans, hillside development, etc.) to assure they conform to the General Plan. Many actions of the Planning Commission are final, unless appealed to the City Council. Traffic and Transportation Commission - Comprised of five members, the Traffic and Transportation Commission reviews local traffic conditions and recommends to the City Council appropriate actions to deal with traffic congestion. Significant Ecological Area Technical Advisory Committee (SEATAQ - A committee of environmental professionals assigned to review and advise the City on the ecological impacts of development proposed within a significant ecological area (SEA), pursuant to Municipal Code Section 22.56.215. Statement of Principles The proper operation of Diamond Bar government requires that: 1. Public officials be independent and impartial in their judgments and actions. 2. Decisions and policies be made in the proper channels of the governmental structure. 3. Public office, whether appointed or elected shall not be used for personal gain. 4. The public have confidence in the integrity and openness of its government and public officials. Policies for Service The City Council has, therefore, adopted the following policies: 1. Respect the importance of American ideals of government and the rule of the law. 2. Work for the common good of the City of Diamond Bar and its citizens and not for any private interests. 3. Provide fair, equal and courteous treatment for all persons and matters coming before the Council or any Commission. 4. Learn and study the background and purposes of important items of business before voting. 5. Perform faithfully all duties of office, including attendance at Commission training sessions. 6. Refrain from disclosing any confidential information concerning the government of the City of Diamond Bar. (For example: personnel, negotiations, litigation.) 7. Avoid accepting any gifts, or favors, or promises of future benefits, which might compromise or impair independence of judgment or action. 36 City of Diamond Bar Planning Commission Handbook March 22, 2005 S. Refuse to approve any breach of public trust or improper attempts to influence any pending matter. 9. File a Conflict of Interest Statement with the City of Diamond Bar within ten (10) days of appointment as a public official. Make sure all "financial interests" are disclosed as required. Thereafter, file appropriate Conflict of Interest Statements as required by law. 10. Disclose financial interests, which are likely to be materially affected by the City's or Commission's decision, when performing City duties. 11. Refuse to vote, appoint a person, commit the City, and enter into a contract or otherwise make City decision in which you have a disqualifying financial interest. 12. Refuse to negotiate, advise, make recommendations, conduct research, or prepare any analysis or reports concerning City decisions in which you have disqualifying financial interest. 13. Decline any employment incompatible with public duty or resign from his/her position as a public official, elected or appointed. 14. Recognize that repeated disqualification demeans the value of our service to the City. If this is occurring, resignation would be appropriate. 37 City of Diamond Bar Planning Commission Handbook March 22, 2005 City of Diamond Bar Organization Chart City C-61 City ity Manager I 1 38 City of Diamond Bar Planning Commission Handbook March 22, 2005 City hiinasw P,ibk W.,k, L, d.WUgW. .11r1.11 Roarulun I'M 0—fl, Afth, E1,111— I.UjIv E"V-6., ..... . .... t mA",p Ik' L I 51"Air 38 City of Diamond Bar Planning Commission Handbook March 22, 2005 ATTACHMENT "2" (c) 0 lot, 1 U�11.wrFNIom A 71 MANUAL Y April 14, 1998 TABLE OF CONTENTS ,SUBJECT PAGB Introduction 1 Department of Community and Development Services 1 Planning Division .. •••••••• 1 Building and Safety Division 2 Public Works Division 2 Community Services Division 2 General Information ....................... 3 Historyof Diamond Bar ......................... 3 Diamond Bar Form of Government ........................ 3 CityAdvisory Bodies .................................. 4 City St"aff.. 4 City of Diamond Bar Organization Chart....... ... .... 4A Planning Commission Membership and Operations ................. 5 Purpose................................................. 5 Responsibilities ....................................... 5 Membership. ............................................ 5 Effectiveness ............................... 6 Officers ................................. I....... 8 Quorum............................ 9 Agendas For Meetings ................................... 9 Meetings............ ........I ....................... 10 Motions.................................... it Limitations on Collecting Evidence Outside 13 the Hearing ...................................... 13 Adjourned Meetings .••••-•••••••••• 13 Special Meetings.............................. ,•-••• ..•.• 14 StudSessions ........................................ 14 Minutes............................................... 14 Planning Commission Recommendations .................... Relations With City Council, Other Commissions, Committees, and Staff ............... 14 Relations With Public .............................. — 15 Compensation/Travel Expenses......................... 1 16 Conflict Of Interest ................... 17 Disqualification From Commission Decisions ............ 20 April 14, 1998 20 BrownAct ............................................. . California Environmental- Quality Act Required Procedures ................................. 21 Importance of Findings in Quasi-judicial Action ........ 27 Topanga: The Cornerstone for Findings .............. 27 ................................ 27 ...... 28 Purpose .................................... ..... Circumstances Requiring Findings ...... :*:,*, 28 Preparation of Findings: A Question of Timing ..... 29 Summary: Bridging the Gap ................ * ........ 31 Specific Action .................. 31 Conditional use Permit ............................ 31 Variance .............. 1-1 ............................. 32 Tentative Tract Map or Parcel Map ................ 3Z Zone Change ........................ 7 .............. 33 Summary............................. .................. 34 Appendix A The Brown Act Summary Of The Major Provisions and Requirements of the Ralph M. Brown Act Appendix B California's Conflict Of Interest Law for Public officials f Summary of The Principal Conflict Of Interest Laws That Apply to Local Agency, Decisions April 14, 1998 INTRODUCTION The City, of Diamond Bar encourages and promotes participation by citizens in the decision making process through a variety of activities. Most notable is the appointment of citizens to a number of standing commissions to advise -the City Council on specific issues and problems. In certain situations, the commissions are empowered to make decisions, subject to appeal to the City Council. This manual's primary objective is to provide a guide for Planning Commissioners in the conduct of meetings in accordance with City laws and policies; to inform members -of the responsibilities and duties of the Planning .Commission; to clarify relationships.between Commissioners and the City Council, City Manager, City staff, and general -public; and to provide general information that might be useful in the conduct of public meetings. The City of Diamond Bar is fortunate to have concerned citizens give their time by serving on the Planning Commission. The level of citizen involvement in local government is growing, and with it the challenge and opportunities that will require the careful attention of the Planning Commission, City staff, and City Council working together 'towards common goals. It is hoped that this manual will assist you as a member of the team. The City council and staff are most appreciative of your time and efforts. Department of CommunitV and Development Services Four divisions constitute the Department of Community and Development Services - Planning Division, Building and Safety Division, Public Works Division and the Community' Services Division. The Planning Division provides the community with long and short term planning in order to coordinate and monitor growth and development. It is charged with the development and implementation .of the General Plan. it prepares and administers projects for compliance with various development ordinances. The Planning Division insures that all projects receive the required environmental review in compliance with the California Environmental Quality Act (CEQA). The Planning Division is responsible for functions related to current and advanced planning, and code enforcement. The Planning Division is also 'responsible for the advancement and .administration of economic development and Community Development Block Grant (CDBG) programs. it updates and maintains records for the general public and coordinates projects and programs with other governmental agencies. Apdi 14, 1998 _ i The Building and Safety Division is responsible for the protection of public. health and safety through the enforcement of the building and related codes. This division provides for building and safety plan check, permit issuance and inspection services. The Public Works Division provides information on general engineering matters related to City streets, public right-of-ways; City's capital projects, utilities, trafficrelated issues, etc. to the general public, contractors, developers,• utility companies, and other public agencies. It coordinates City projects and plans with other governmental agencies (i.e. SCAG, LACTC, CalTrans, County of Los Angeles) to ensure that the City's concerns are addressed. This Division manages and enforces the City's requirements for subdivisions, lot development, utilities, vehicle/pedestrian traffic, and the use of public right-of-way. All plans and projects for proposed development are reviewed and any required reports are prepared for the Planning Commission, Traffic and Transportation Commission, and the City Council. other responsibilities of the Public Works Division include the City's traffic and transportation activities, grant administration, and the, administration of related Capital Projects Funds and the day-to-day maintenance of all publicly owned properties,' i.e. streets, curbs, gutters, sidewalks, 'traffic signals, signs, streets lights, sewers and storm drains. This Division administers the maintenance contracts to accomplish the fore mentioned items. The community Services Division is responsible for the maintenance and operation of the City's nine parks. , This includes grounds maintenance, facility upkeep, park improvements and capital projects. The Division .also administers the City's community' recreation program, a portion of which is provided through contracted services with the City of Brea. In addition to the contracted services, the Division's staff currently conducts the Tiny Tots program and senior programs. April 14, 1998 GENERAL INFORMATION As with many southern California. communities, Diamond Bar's recorded history began with a 4",340 acre Spanishland grant deeded by Governor Alvarado to Jose de la Luz. `The land was divided into parcels which changed hands many times prior to 1900. In 1918; Frederick E. Lewis bought most of the original Rancho Los Nogales area toestablish a cattle ranch and. registered the brand of Diamond Bar. with the Department of Agriculture. In 1956, Transamerica Corporation paid $10,000,000 to purchase 8,000 acres of the Diamond Bar ranch from the Bartholome Family. Transamerica corporation formed a master -planned community that would eventually become home for some 74,000 people. . The first model homes were built at the town's north end in 1960 and began a development "boom". Diamond Bar is a.,typical suburban bedroom community with limited commercial and industrial land. Commercial acreage is primarily developed with uses designed to serve residents. Today's Diamond Bar is a young, upscale. residential community with a population of about 54,315 situated among meandering hills and valleys of Brea Canyon. It is located at the junction -of the Pomona (60) and Orange (57) freeways and spans 14.77 square mils. Di mond Bar's Form o� Government The City of Diamond Bar was incorporated April 18, 1989 as a general law city with a City Council/City Manager form of government. . The City Council is composed of five members elected by residents for over -lapping four year terms. It is the governing body of the City, vested with regulatory and corporate power. The City Council establishes policy and is ultimately responsible to the people for. its actions. Diamond Bar's organizational structure consists of a mayor and a mayor pro-temselected by. the City. Council. The mayor is the presiding officer of the City Council•for a one year period, with the mayor pro -tem as the position's backup. Due to the complexity, diversity, and quantity of issues 'facing the City Council, Commissions are asked for* input in the decision making process. April 14, 1999 There are two types of advisory bodies. one is established by City. ordinance of a permanent nature. The duties, responsibilities and scope of authority are set forth in the enabling ordinance. The other type of advisory body is created by a resolution of the City Council to serve a particular function for the City. The main purpose of both is to collect. information, weigli public opinion, and examine issues thoroughly in order to make a recommendation to the City Council. City Manager is responsible for. the administration of the City's government, This staff member*. is appointed by the City Council, serves as the City's treasurer, and appoints departiitent heads and employees to provide services -to the community. Deputy. City Manager/ Administrative Services manages the following departments: City Clerk, Public Safety, Finance, and Personnel Deputy,City Manager/Community and Development Services. manages Planning. Division, Public Works Division, Engineering Division, Building and safety Division and the •community Services Division. The City contracts for Police, Fire, and other services. Department directors and contractors are responsible to the City Manager. The City Manager guides the work of all departments by the City Council's direction. April 14, 1998 u to a co to >- C: ca -0W 5 CA C: c < < CL to E 2 o o 8 cl LL- < tu CL -0i U -i U 4-j of ra I CL al ci I C) CL. U CL u ej .2 *> v. c: a t., 0 u VxJ �E 0 0 to C C- u c u 0 u U E Y ci u E Zo Y i7 n �3 u huh >1 ra o w co E 2 E! . u O E 0 10c) v CL C, Ln E> >1 u I . . u C) IJ -0 u cl- < u u wu C u CO i .2 1�1) :ate '0 U ci CL a- co PLANNING COMMISSION MEMBERSHIP AND OPERATIONS The purpose of the Planning Commission,*generally, is to set broad policy in preparation of the General Plan which is a comprehensive, long-term plan for physical development of the City of Diamond Bar and areas within its sphere of influence. The Commission also adopts, implements, and periodically reviews the General Plan. The Commission concerns itself with long-range planning and development including, ,but not limited to, the preparation and maintenance of specific and 'area plans, and- the review of environmental impact reports and.capital improvement'programs. The Commission also concerns itself with short-range planning-: and programming including, but not limited to; -the administration of zoning. Resnonsibi Mies It is the Planning Commission's primary responsibility to -develop and implement the General Plan (pursuant to Planning and Zoning Law Government. Code §65103). The Commission takes action on development applications, gives final approval for variances, specified development permits, and conditional use permits. Additionally, the Commission acts as an advisory board to the City council for vesting and tentative parcel maps,, reversion of acreage, vesting and tentative tract maps, entitlements on specific plans, general plan amendments, development code amendments, development agreements, surface mining, and land reclamation plans. Membership (Organization, Terms of office, Filling of Vacancies) The Planning Commission consists of five members that are residents of the City of Diamond Bar. selection to the Planning Commission is based on the following: a broad perspective and concern for the welfare and progress of the City; a familiarity with the City's history, issues, and goals; .an interest in the Planning Commission's function and area of responsibility; a readiness to devote time and effort to carrying out a Commissioner's duties and responsibilities; and willingness to be aware of and understand the City Council's policies. Each Commissioner is appointed by one member of the City Council and confirmed by a City Council majority vote. However, should a Council member fail to make an appointment within 30 days of the vacancy in question, a councilmajority vote shall appoint to fill the vacancy. April 14, 1999 If a vacancy occurs other than by expiration of a term, it shall be filled within 30 days, by appointment, for the term's unexpired portion by the council member who appointed or had the opportunity to appoint the Commissioner whose position has been vacated. If the vacancy is effected by removal, the person- so removed may not be appointed to fill the vacancy. (Length and expiration of terms .are set by. City council ordinance -No.- 25C (1989). copies of this ordinance may be.obtained through the City clerk's office.) Each of the Planning commissioners shall be deemed to have resigned from his/her position on the Commission 90 calendar days after the succession of any council member, whether by election, reelection or appointment, who appointed, or had the opportunity to appoint, such Commissioner, and that commission position shall thereupon be deemed" vacant and available for appointment for the otherwise unexpired term, if any. If a Planning Commissioner is absent from three consecutive regular meetings or from more than 50 percent of the regular meetings in any one year period, the commission office shall be deemed vacant. As a result, 'the Commission's secretary shall immediately inform the City Council of such vacancy. A Planning Commissioner's term of office shall be two years commencing on March 1 of even -numbered years and expiring on the last day of February of even -numbered years. Any Planning i Commissioner may be removed without cause during his/her term of . office by a four-fifths City Council vote. However, no such member may be removed during the initial three months of any term of office for which he/she is appointed. Fffectivenesa organized groups exist to get things done, to complete certain tasks, and to achieve certain agreed upon purposes or goals. A commission -is a set of individuals held together by a web of interrelationships and feelings. Members have feelings about themselves, about the group, and the group's tasks and goals. The nature and intensity of these feelings set the "climate" of a commission. A positive climate encourages member involvement and responsibility to take action. optimum participation is achieved when the commission's stated tasks are understood. Members should keep the tasks visible and clearly defined. Effective commissions set clear objectives, prioritize tasks, anticipate -and analyze problems, develop. actions/options , identify roadblocks, make decisions, actively listens supporting. colleagues, and utilize diagnostic skills. Public hearings or citizen input meetings may be difficult to manage. Participants at public hearings are usually highly motivated and often emotional. When there is a group of potential April 14, 1999 adversaries in one room, the possibility of uncontrolled conflict is very high. As commissioners your role is I to guide conflict to positive results, not to eliminate it. The following ' suggestions should help manage conflict and confrontation effectively. I. St . udy your agenda and do your homework prior to the meeting so you can concentrate on the dynamics of the meeting. .2. . reat'all sides fairly.7 Set the rules of the hearing early and make sure eye . ryong follows them without exception. 3. Explain carefully the purpose -of the public hearing and what action is expected at the conclusion o ' f the hearing. insistence on playing by the rules is your best tool for conflict management in the public hearing. 4. All persons speaking must clearly identify themselves, not only for the record, but so the Commission can . address them by'name. 5. Set an acceptable time limit for testimony and stick to it. 6. Make decisions as promptly as possible. Avoid becoming bogged down in procedural distractions, petty details, and endless searches for more informatiob, so that the issue never seems to get resolved. 7. Try to turn frustration into. constructive avenues. Ask questions. Be specific. Reinforce areas where you agree. Do not return insults. Your insults can turn the audience against you for your lack of control and unfairness. 8. Try to avoid speaker -to -audience conversation. A hearing's purpose is to help the Commission act, not engage in debate. 9. if other commissioners have questions of the speaker, permit these questions only during the speaker's time. at the podium. 10. Be careful not to prejudge the action 'of the Commission. Use the hearing to gather necessary information about the project and individual desires concerning the proposal. commissioners, should not express their views on the proposal until after-- testimony has en ' ded. Comments and questions should not suggest a bias - position. 7 April 14,1999 il. When 'testimony has ended, each Commissioner should be invited to contribute his/her views on the proposal. 12. view the public hearing as an example of basic democracy in action at the local level. Make it your personal goal to have a successful public hearing. Individuals should feel treated fairly. and believe the Commission had all the facts, was open in its deliberations and acted accordingly. An individual 'should not dominate the meeting and there should be sufficient time for all to speak. Individuals should not leave the meeting feeling disenfranchised. officers The Planning Commission should,_ at its first regular meeting in Marcof each calendar year, elect a chairperson and vice chairperson from among its memers for a term of one year. The Commission may create -and b ate and fill such other offices as may be deemed necessary. The chairperson shall be the presiding officer at all meetings. In the absence of the chairperson; the vice chairperson shall preside. In the absence of the vice chairperson, the Commission shall elect a temporary presiding officer to serve until the arrival of the chairperson or vice chairperson or adjournment. If the chairperson's and vice chairperson's positions are .vacated, the Commission shall elect officers for the balance of the term. The chairperson shall sign resolutions and documents approved by the Commission at meetings where he/she is in attendance. In the chairperson's absence, the vice chairperson shall sign all such documents as adopted and approved. In the absence of the chairperson and "the vice chairperson, the temporary presiding officer shall sign all such documents as approved and adopted during the meeting at which he/she presided. The chairperson or presiding officer is responsible for the maintenance of order and decorum at all times. No person should be allowed to speak who has not first been recognized by the chairperson. All questions and remarks should be addressed to the chairperson. Meetings shall be conducted according to Robert's gules of Order. If necessary a Sergeant at Arms may be appointed by the Planning Commission secretary. The chairperson may appoint special subcommittees. of less than a quorum of the Commission. The subcommittee may meet to carry out their assigned . tasks, to discuss future projects, future ordinances, and future agendas. April 14, 1998 ouorum A quorum consists of a majority of the members of the -Planning Commission and is sufficient to conduct business. A quorum is required to conduct business at any meeting whether it is a regular orispecial meeting. While a commissioner is expected to be. present at all meetings, if he/she knows- in advance that his/her attendance is not possible, the commissioner should notify the commission Secretary. The Brown Act requires that a regular meeting date and time be established each month. If there are no items of business on the agenda, 'it. is not necessary to convene. There are two ways to handle this situation. one,. the commission Secretary posts. a notice at the meeting place indicating that "for lack of a..quorum, the meeting will not be held.". The other is to have the Secretary actually show up at the regular meeting place and time and finding no quorum, adjourn. In the second case, there, _is the advantage of documentation. Minutes of the meeting would be prepared showing a lack of quorum. if a notice is used, a copy of the notice must be kept in the minutes file for the record. Meetings need not be held unless sufficient business will be discussed. The following steps should be taken to ensure 'that a public meeting is properly cancelled: 1. State the intention to cancel the meeting a minimum of 72 hours prio to cancelled or rescheduled date; 2. Send out written notices to all affectigd parties, at minimum, to all those .that receive your agenda packets; 3. Assign one person to attend the cancelled meeting to inform anyone that arrives that the meeting will not take place. This person must stay a minimum of 15 minutes. Agendas for Meetings The Planning Commission Secretary is responsible for preparation and distribution of the agenda and supporting documents prior to each meeting. The agenda should indicate the schedule and subject of the public hearing. However, with the unanimous consent of the Commission, agenda items may be taken out of order. Pursuant to the Brown Act, agendas must be posted at least 72 hours prior to regular meetings. A commissioner may request to place one item on the agenda per meeting. The Planning Commission Secretary's advice shall be obtained pertaining to the staff's work load, cost that may be incumbered by the city, and urgency of the item. No action or commitment may be taken on items which are not on the Ap,i114, 1998 posted agenda. No discussion may occur regarding an item which is not posted on the agenda. Items brought up by the general public may be presented. However, there will be no discussion held or action taken. The Commission may refer the item to staff. Every agenda must provide an opportunity for the public to address the Commission. meetinas All Planning Commission meetings must be open to the public in accordance with the Brown Act, the local government open meeting law. Every regular meeting's agenda must provide an opportunity for members of the public to directly 'address the Commission on items of public interest that are within the Commission's jurisdiction. Additionally; 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►, provided that the, procedure does not conflict with the Brown Act. The Planning Commission meets on the second and fourth Tuesday of each month at 7:00 P.M. in the South Coast Air Quality Management District Auditorium located at 21865 Copley Drive. The meeting time and place may'be changed (to accommodate specific needs) with 24-hour notice duly given to the public and media. An official notice of a public hearing. shall be published in a local paper of general circulation. Hearings' held by the Commission should be fair and impartial. If any member is biased or has a personal interest in the outcome of the hearing, that member must disqualify himself/herself and not participate. Persons and/or groups who may be affected by the subject of the hearing should be given sufficient notice of the hearing's time and place and a reasonable opportunity to be heard. They may be represented by counsel if desired and may be permitted to present oral and documentary evidence. They should also be permitted to ask questions of any speaker to ensure a full and true disclosure of the facts. At the appropriate time, the Chairperson should open the hearing and explain to the audience hearing procedures. The general manner of conducting hearings is within the Chairperson's control and discretion. If there are numerous persons who would like to participate, and all represent the same view and opinions, the Chairperson may ask that a spokesperson be selected to speak for the group. If this arrangement cannot be made, the Chairperson may restrict each speaker to a time limit so all may be heard. Irrelevant and off -the -subject comments should be ruled out of order by the Chairperson. After the hearing is opened, the usual procedure is for staff to 10 April 14, 1998 present the staff report, followed by commissioners' questions rt. - Proponents should then be given the relating to the repo opportunity to present their case first. This is followed by an opportunity for opponents to present their case. Proponents can then present their rebuttal to those points presented by opponents. Either side may ask questions through the Chairperson. After all interested persons have had an opportunity to speak, the hearing should be closed, ending audience participation. No hearing that has been closed may be reopened without additional notice in the same manner as the original hearing, unless the P hearing is reopened at the same' meeting it was closed and before the Commiss'i6n has taken up another matter. Coimmissioners may 'then discuss the proposal and take action on the proposal. Mo ions When a -Commissioner 'wishes to propose an idea for consideration, the Commissioner must make a motion. This is the only way an idea or proposal- from a Commissioner can be presented to the body for discussion and possible action. A motion is subject to the following steps.: 1. The commissioner asks to be recognized by the Chairperson; 2. After being recognized, the commissioner makes the notion with 111 move ...... 3. Another commissioner seconds.the motion.: If the motion is not seconded, it fails; 4. The Chairperson states the notion and asks for discussion; S. When the 'Chairperson' feels there has been sufficient discussion, the debate is closed with 11 Are you ready for the question?" or IIIS there any further discussion?";. 6. If no one asks for permission to speak, the Chairperson puts the question to vote; 7. After the vote, the Chairperson announces the decision with "The motion is carried" or "The motion fails" as is appropriate; Phrasing a motion is often difficult and corrections may be necessary before it is acted upon. until the Chairperson states the notion the commissioner making the motion may rephrase or withdraw it. The consent of the second is not required. - After the motion has been stated by the Chairperson, the consent of the body is required to change or withdraw it. If all of the 11 Ap,ii 14, 1998 Commissioners consent, an amendment must be formally acted upon by a motion. The motion, as amended, still must be voted upon. It is particularly important when a motion is amended 'that the Chairperson restate the motion so members are clear on what they are. voting. In making motions,, Commissioners should try to -avoid- including more -than one proposal in the same motion. This is especially important when Commissioners are likely to disagree. If a Commissioner would prefer that proposals are divided. and voted upon separately, the Commissioner should ask the Chairperson to divide the motion. If other Commissioners do not object, the Chairperson may treat each proposal as a distinct motion to be acted upon separately. The request to divide may also be made by motion. Any Commissioner may amend the main.motion or any amendment made to the main motion. The first stepis to propose the motion to amend. Undesired_ words to a pending motion may be deleted or desired words may be inserted. The Chairperson, not the individual Commissioner who moves an amendment, should make clear how the motion will be read if the amendment is adopted. The Chairperson should not omit stating which words will be deleted and/or inserted. An amended motion must be seconded and requires a majority vote for passage. It is better'to amend a motion when it is pending than to wait until it is adopted and then attempt to amend. An amendment must be related to the main motion or amendment to which it is directed. Any amendment which substitutes a new motion rather than amending the eXisting motion is out of order and may be so declared by the Chairperson. Motions may be passed 2-1 if only three commissioners are in attendance. A 'split vote (negative, affirmative, or neutral) shall equal denial of the action as submitted. 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 is continued to another date, an absent commissioner can vote if the Commissioner states the following on the record: I have listened to the full tape of the prior hearing(s) and read all documents considered at the prior hearing(s) on this matter. Any Planning Commission action may be reconsidered if a motion for reconsideration is introduced by a Commissioner who was among the majority of the action for which reconsideration is sought. Such a motion may be seconded by any Commissioner who voted on the action or who would be. eligible to vote on it if the motion for reconsideration carries.. For any action requiring a resolution passage, a motion for reconsideration may not be introduced after the meeting's closing April 14, 1998 12 at which such resolution was adopted. Motions for reconsideration of actions which do not require a resolution passage may be introduced at any subsequent meeting. Where a motion may not be reconsidered, it is often. possible to make a new motion which revises or reverses the earlier decision. Any questions on this point, or any other matter of parliamentary procedure should be referred to the City Attorney or the City Clerk. Limitations oh collecting Evidence out,side the Hearing The fair hearing concept 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 e Commissioners may find it desirable to hearing. For example, th visit the site that is the.subject of an application before the Commission. So long as the Commissioner indicates.'on.the record that he/she has done so and describes what was seen,'a site visit will not affect the validity of the hearing. The Commissioner 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, they 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. Adjourned Meetings The' Planning Commission may adjourn any meeting to a time and place specified in the order of adjournment. An adjourned regular meeting is considered a regular meeting for the purpose of transacting business. If for any reason, the business to be considered at a regular meeting cannot be completed, the Commission may designate a time and date for an adjourned meeting. The adjournment must be announced to the public present at the time and recorded in the minutes. Any meeting may be adjourned -to a time, place, and date certain, but not beyond the next regular meeting. once adjourned, the meeting may not be reconvened. special Meetings Special meetings shall be opened to the public. 'They may be called by the Chairperson or majority of Commissioners or the Secretary. Written notice shall be given to the City Council and media at least 24 hours prior to the special meeting. The written notice shall indicate the business to be considered and the time 13 Ap6114, 1998 and place of the special meeting. Only matters specified in the notice may be considered pursuant to California Government Code i Section 54956. study Sessions study sessions or "work sessions" are usually informal, though public. They are usually scheduled as adjourned regular meetings and have a separate agenda. M; nu Minutes are taken at all Planning Commission meetings, transcribed and included in the following 'agenda packet. Once approved, the minutes are forwarded to,the City Council for their information. Minutes are when kept as the .official record for the Planning Commission's actions, and are open for public review. Minutes shall consist of a clear and concise statement of each and every action including the motions made and the vote thereon. Reasons for making a motion or voting, debate, and audience reaction are generally irrelevant for purposes of the minutes. such items may be included if considered to be particularly relevant. or otherwise necessary by the Planning Commission Secretary. The Planning Commission Secretary shall have exclusive responsibility for preparation of the minutes. Any directions for changes in the minutes shall be made only by the Commission's action. Additions and corrections of the minutes may be made only in public meetings, with the Commission's approval and not by the private request of individual members. Planning commission Recommendations . Planning Commission actions can be either advisory or conclusive unless appealed to the City Council.. Advisory actions are transmitted to the City Council by the Planning Commission Secretary for.final action/decision. elatjons«;+1, r;tv council other Commissions Committe In areas where there is .an overlap of jurisdiction between Commissions, it is important that a liaison be developed to insure consideration of the'different viewpoints and minimize duplication of efforts. Joint meetings with the City Council and other commissions and committees may be mutually beneficial whenever two or more bodies are simultaneously addressing the same topic. Planning Commission members may address the City Council on any matter as individuals or as a Commission with majority approval of 14 April 14, 1993 the Planning Commission members. Additionally,. the Chairperson may address the City Council as a representative of the Planning Commission' with majority approval. of the Commission. The Commission should not attempt to. relieve the City Council of the responsibility for making political decisions. This responsibility properly rests with the City Council and cannot be delegated to any other body, however capable and interested it might be. The Commission or a member may disagree with the City Council on any issue. Once the City Council has established a position on an issue, the .Commission must accept 'the position, policy, and program adopted by the City Council. If personal ethical problems arise, resignation from the Commission is appropriate. The Planning Commission should not attempt to predict City Council action, either publicly or privately. They may and should interpret City Council policies or identify trends in Council thinking. The City's administrative staff works for and is responsible to the. City Manager. The City Manager may assign staff .to act in a technical advisory capacity and provide supportive assistance to the, Commission. Except where 'administrative authority is specifically conferred upon the Commission, the Commission should not attempt to direct or decide on the priority of work for the department providing staff to it. it should not ask that staff hours be committed for work that has not been budgeted or has not been .approved by the City Council. Since staff is directly responsible to the City Manager, it becomes his/her responsibility to allocate their time and efforts. However, the Commission should set priorities for their own agendas. It is not expected that every staff recommendation will be approved. Based on the technical knowledge of staff, consideration should be given to their recommendations. After a e Commission may or may not agree. staff recommendation is made, th In the latter case, staff has the option of making their recommendations to the City Council through the City Manager which may be different from those of the Commission. The Planning Commission or its members should not discuss individual concerns regarding personnel related matters with employees. These matters should be referred to their respective supervisors, department head, or the City Manager. Relations with the Public planning Commissioners are encouraged to become aware of public opinion relating to their field of influence and welcome citizen n meetings. The Commission. is encouraged to input at Commissio take inventory of opportunities and resources.to increase citizen involvement. 15 April 14, 1998 Commission members should conduct themselves at public meetings in a manner that is fair, understanding, and gracious as circumstances permit. Members should be considerate of all interests, attitudes and differences of opinion. Members should take care to observe the appearance and the principle of impartiality. The Commission should ensure that rules and procedures are clear to the public in public meetings. Commissioners will defer to the Chairperson and try to avoid speaker -to -audience conversation. The public hearings purpose is usually to help the Commission act,' not engage in debate or argument with the public. Commissioners should not accept gifts from applicants or other persons concerned with matters which have been or .might come before the Commission. Commissioners should avoid making statements to the media or public on matters that have not been presented before the entire Commission. They should be aware that any statements or opinions made to media members could be considered "on the record'.by the reporter. Such statements should be made in consideration of the likelihood that they will be printed or broadcasted. Relations with the City Council should also be kept in mind when communicating with the public or the media. Commissioners are considered by the public as members. of and spokesperson for the i official city.. family. Since policy decisions are the City Council's sole responsibility, it is inappropriate for. Commissioners, as representatives of the City.,,' to publicly criticize established Council policies or Council members. If personal ethical problems arise, resignation from the Commission is appropriate. This .does not in any way preclude a Commissioner's responsibility to advocate his or her position on a policy matter prior to an official policy decision. Connpensationff ravel Expenses Each Planning Commissioner shall be paid a fixed sum for each commission meeting attended. The sum to be paid is established by City Council resolution. The City Council may provide such sums as the Council deems reasonable, in its sole discretion, for travel expenses, meals, lodging and related expenses necessarily incurred due to the performance of their official duties, including attendance at seminars, conferences or training courses 'approved by the City Council. The expenses may be advanced to Commissioners or otherwise paid to them, in accordance with established City Council policies. April 14, 1998 16 Government Code Sections 87100, et seq.,-requires that public officials avoid any serious conflicts of interest when acting in their, official capacities. As a Planning Commissioner, two aspects of these provisions will affect you. First, you are prohibited from participating in decisions about any matter in which you have a financial interest.- Second, you are required to file an annual• financial disclosure statement. The first financial disclosure statement is due shortly after you are sworn into office. 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. Government Code 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: 1. Any business entity in which the public pfficial has a direct or indirect investment worth more than $1,000.00; 2. Any real property in which the public official has a direct or indirect interest worth more than $1,000.00; 3. 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 $250.00 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; q. 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 agent, spouse, or dependent children own directly, indirectly, or beneficially a 10 percent interest or greater. . 17 Apa 14, 1999 Obviously, if a Commissioner is applying for a zone change for property the commissioner owns, that Commissioner should not participate in the decision on.the zone change. 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; I. 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: (a) The real property in which the' official has an interest, or any 'part of that real property is located within a 300 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; (b) 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; (c) The real property in which the official has an interest is located outside a radius of 300 feet and any part of the real property is located within a radius of 2,500 feet of the boundaries (or.the proposed boundaries) of the property which is the subject of. the decision and the decision will have a reasonably foreseeable financial effect of: (1) $10,000.00 or more on the fair market value of the real property in which the official has an interest; or (2) Will affect the rental value of the property by $1,000.00 or more per 12 month period. 2. The reasonably foreseeable, effect of a decision is not considered material as to real property in which an official has a direct, indirect or beneficial interest (.not including a leasehold interest), if the real property in which the' official has an interest is located entirely beyond a 2,500 foot radius of the boundaries (or the proposed boundaries) of the property which 'is the subject of the decision; unless: (a) There are specific circumstances regarding the decision, its effect, and the nature of the real AprH 14, 1998 18 property in which the official has an interest, which make it reasonably foreseeable that the fair market value or the rental value of the real property in which the official has an interest will be affected by the amounts set forth in subdivisions (a) (3) (A) or (a) (3) (B) ; and (b) Either of the following apply: (1) The effect will not be substantially the same as the -effect upon at least 25 percent of all the properties which are within a 2,500 foot radius of the boundaries of.the real property in which the official has an interest; or (2) There are not at least 10 properties under separate ownership within a 21500 foot radius of the property in which the official has an interest". It is strictly the individual Commissioner's decision whether or not his/her "financial interest" constitutes sufficient reason to disqualify himself/herself from consideration of a particular matter. It is important that a Commissioner be"alert to identify at an early stage any real or potential conflicts of interest, and that he/she acts accordingly. Should a Commissioner need assistance in determining whether a conflict exists, the City Attorney's office may be called. For some potential conflicts, it may be necessary to request an opinion from the Fair Political Practices Commission (FPPC)'. The City can provide' 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. There are a number of other conflict of interest statutes and doctrines -which govern such issues as Commission approved contracts in which 'Commissioners have a financial interest, the holding of two ."incompatible" public offices, and other cases in which a Commissioner's ability to render an impartial decision could be questioned. The'City Attorney can provide advice on any of these issues. Commissioners are among those public officials who are required by Government Code Section 87200 to file a statement disclosing investments and interests in real property. The City Clerk will provide the Commissioners with the disclosure report forms. These disclosure statements must be filed shortly after a Commissioner is sworn into office and by April 1st of each following year that .the Commissioner remains in office. The originals of these forms are then forwarded by the City Clerk to the Fair. Political Practices Commission. 19 April 14, 1999 Disgu' f a:t on From Commiss_�on Decisions. As a commissioner, if a matter in which you have a financial interest comes before the Planning commission and the decision will naturally affect that financial interest, you must disqualify yourself from all participation. This means you may not discuss the matter with your colleagues, may not participate in deliberations concerning the matter; must abstain -from -voting, and refrain from any attempt to influence the decision on this matter. The commissioner should leave the room while the matter is under consideration in order to avoid violating these prohibitions. The financial interest leading to abstention must be identified and recorded by the Secretary. If a reason is not offered, the chairperson should request it: There are two exceptions to the general rule. The first exception is that a Commissioner will not be disqualified if the decision will affect the commissioner's financial interest in the same manner it will affect the public generally. The second exception' is that Commissioners may be advocates on their own behalf, provided that they do this. as any other citizen would._ _It is desirable to guard against even the suspicion' of unethical conduct by any City official. city officials should be careful to avoid any act or statement that might be misconstrued. Their. official behavior should appear to all concerned above reproach. Brown Act ' The stated requirements for a regular meeting time and a well publicized notice of. any special meeting are, necessary to implement the citizens' right to know what their public officials are doing. The Ralph M. Brown Act states in the strongest terms the necessity for openness in public meetings. The Brown Act states: "In enacting this chapter, the legislature finds and declares that the public commissions, boards,.and councils, and other public agencies in -this state exist to aid in the conduct of the people's business. ' It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly." "The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants .the right to decide what is good for the people to know, and what is not good for. them to know. The people insist on remaining informed so that they may retain control over the instruments they have created." (Government Code, Title 5. Section 54950) The Brown Act's provisions may apply to meetings of less than quorum committees, of boards or commissions, but not to social gatherings where no action is taken or commitment made related to city affairs. 20 April 14, 1995 Responsibility to know current Brown Act revisions rests with each Commissioner. In general terms, the following explains the basic steps required by the California Environmental Quality Act (CEQA). Each City is required to adopt its own local guidelines for implementing CEQA. STEP 1. Project application received." (a) Staff decides whether the proposed activity is subject to CEQA or exempt. (1) "Exempt" means not within the definition of "project", or that it is ministerial,. an emergency project, or categorically exempt. (b) An exempt project requires no further action under CEQA or it's guidelines. (1) The applicant should be notified of the determination. (State Guidelines, §15374 and §15062 and Public Resource Code §21167 (d). (c) staff reports the environmental determination to the Planning Commission when proposed action on the project is before the Commissiozi. STEP 2. Project is subject to CEQA. (a) To determine if a project may have a significant effect on the environment, staff conducts and prepares a written Initial Study. (1) An Initial Study consist of a• completed Environmental Checklist plus staff's analysis of environmental effects. (b) After determining that an Initial study will be prepared, staff consults" informally with other agencies having jurisdiction over the project as to whether an Environmental Impact Report (EIR) or Negative Declaration declaring the project will not have significant environmental impacts should be prepared. (1) Staff may also consult with the applicant during or immediately after the Initial Study's preparation and determine whether the applicant is willing to modify the project to 21 April 14, 1999 reduce or eliminate any significant effects' identified in the Initial study. (c) if the proposed project involves the issuance of a permit, lease, license or other entitlement for use, the City must determine in writing, within 30 days from the applicant's - receipt !if the application is "complete". (1) A.written notice of this determination must be sent to the applicant. (2) If the application is not complete, the notice must. inform the applicant of all information required to make the application "complete". (3) If the application is complete, the notice should so inform the applicant and may inform the applicant that an - EIR or Negative Declaration will be required. STEP 3. Initial Study indicates the project may have a significant effect on the environment. (a) Staff or applicant may suggest project revisions which, when implemented will result in the project having no.significant environmental effects. (1) If this occurs, the project should be formally revised to reflect these "mitigation measures" and follow procedures in Step 4 (listed below). (b) If the project may still result in one or more significant environmental effects ,ater mitigation measures are added, follow procedures in step 7 (listed on page 20). (c) If the project involves the issuance of a permit, lease, license or other entitlements for use, the City has 30 da vs from the .date the application was determined "complete" within which to decide if a Ne tive Declaration or EIR is reauired STEP 4. Initial Study indicates that the project will not have a significant effect on the environment. (a) Staff prepares a proposed Negative Declaration (in accordance with state Guidelines §§15070, 15071, 15072, 15074, and 15075) including mitigation measures, if any, and attaches a copy of the Initial Study, documenting reasons to support its findings. 22 April 14,199a (1) A Negative Declaration is a written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and does not require the preparation of an environmental impact report (CEQA Section 21064). (2) Mitigation measures require a mitigation monitoring program which must be prepared and adopted at the same time the Negative Declaration is adopted. (b) Public notice that a Negative Declaration has been prepared. -must be given before it is approved/ disapproved by the Commission (Guidelines §15072). (i) Public review must be no less than 20 days, unless .'State Clearinghouse review is required. (2) State Clearinghouse review requires that public review be extended to 30 days. (3) Notice for the proposed Negative Declaration must also be filed with the County Clerk, who must post the notice within 24 hours after receipt of the proposed negative declaration for a 30 day period. (c) The City must consult with, and solicit comments from, each agency with jurisdiction over the project by law, consult_ with persons having special expertise (State Guideline 515073), and 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 Clearinghouse for review. (1) For a project involving the issuance of a permit, lease, license, certificate or other entitlement for use, the Negative Declaration must be completed and ready for review by the Commission Within 705 days (plus a reasonable extension if the developer/ applicant agrees) from the date the project application was determined "complete". STEP 5. Negative Declaration preparation. (a) planning Commission or Council must review and consider the Initial Study, proposed Negative Declaration, any comments received and staff's 23 April 14, 1998 analysis of those comments and approve or disapprove the Negative Declaration prior to making any determination on the project. (1-) A project can not be approved until a Negative Declaration has been approved or an EIR has been certified. (2) If the commission finds that the proposed project may•have a significant environmental impact, the commission rejects the Negative Declaration and asks for an EIR to be prepared. (3) The city can approve or disapprove a project for which a Negative Declaration is prepared within three months (plus a 90 day extension If the developer/applicant agrees) from the date the Negative Declaration_ is adopted; otherwise the project may be automatically approved by operation of law. STEP 6.. Negative Declaration approved. (a) A Notice of Determination (NOD) must be filed with the County Clerk. (1) If the Negative Declaration includes a finding of no adverse effect on wildlife, .a Certificate of Fee Exemption -(The Fish and Game Code §710.5 et seq.) must be filed with the NOD. STEP 7. There is or may still be a significant effect. (a) A draft .EIR must be prepared (State Guideline §15064). (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 (State Guideline 515064). STEP S. EIR preparation. (a) The City must send, by certified mail, a Notice of Preparation (NOP) to each agency with juris- diction 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. April 14, 1999 24 (1) The NOP 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. The other agencies have 30 days to respond and the draft EIR cannot be -circulated for review and comment until that time has lapsed (State Guidelines §15082). STEP 9. After the draft EIR's completion. (a) A Notice of Completion (NOC) must be filed with the Secretary for 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. (1) A 30 day minimum public review and comment period is required. (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. (1) A minimum 45 day public review period is required. STEP 10. Public Hearing. (a) A public hearing on the draft EIR may be conducted. CEQA does not require, but encourages public hearings. (1) If a hearing is held, it must be properly noticed (state Guidelines §515087 and 15202). STEP 11. Final EIR. (a) Staff .assembles the final EIR which.includes the draft EIR plus public and other comments and responses to significant issues raised in the comments. 25 Ap it 14, 1998 (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 °J the EIR. STEP 12. Certification of EIR. (a) The 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. (1) No proj ect for which. an EIR is required can be approved unless such findings have been made for -each significant impact identified in the EIR. (b) Possible findings are: (1) Changes or alterations have been required in the project which avoid or substantially lessen the significant environmental effect ... or (2) such changes or alterations are within the responsibility and jurisdiction of another specific 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)). (c) If the Commission makes either finding (2) or (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. (1). The Commission cannot approve the project unless it finds that the project's benefits outweigh the unavoidable adverse environmental effects. This finding is commonly referred to as a "Statement of overriding Considerations". (d) Commission makes a decision on the project. (1) This can be at the same meeting as. the decision on the EIR. 26 April 14. 1998 . (2) The City must approve or disapprove the- - application within six months of the date the EIR is certified or the project may be approved by operation of law.. STEP 13. If The'Commission approves a project for which an EIR was prepared. (a) An NOD must be filed with the' County Clerk, including a statement of mitigation measures, the Commission's decision, and a statement that an EIR was prepared and certified as required. (1) if the project requires discretionary approval from a state agency the NOD must also be filed with the Secretary for Resources (State Guidelines §15094). ortance of Findings in Quasi -Judicial Acts From time to time the Planning Commission will be called upon to exercise its quasi-judicial function. In other words, the Commission will sit as a "judge". Examples of quasi-judicial decisions include decisions on whether a variance or a conditional use permit is appropriate for a particular piece of property. The following discussion, excerpted from a Decemiaer. 30, 1962 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. mopANGA THF COMRST IF, FOR FINDINGS Any discussion of findings and decisions affecting land use must begin with the seminal case in the area, Topanga Association for a Scenic Community Y. County of Los Angeles, 11 Cal.3d 506 (1974). In Topanga, the court defined findings, explained their purposes, and showed when they are needed. . Definition The Topanga court defined findings as legally relevant subconclusions which expose the agency's mode of analysis of facts, regulations,. and policies, and which bridge the analytical gap between raw data and ultimate decision (Topanga, supra, at pp. 515 and 516). In other words, findings are the legal footprints local administrators and officials leave to explain how they progressed from the facts through established standards to the decision. 27 April 14, 1998 Purpose - The Topanga court outlined five purposes for making findings, three are relevant mainly to the decision-making process and two are relevant to judicial functions. Findings should: 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. Serve a public relations function by helping to persuade the parties that the administrative decision-making is careful, reasoned and equitable; 4. Enable the parties to determine whether and on what basis they should seek judicial review and remedy; and, 5. Apprise a reviewing. court of the basis for the agency's action. Topanga, supra, at pp. 514 and 516 [fn. 14] 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 legislative 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, a reviewing body holds a hearing, as required by the Constitution, State statute, or local ordinance, 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 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. Not only do these approvals constitute adjudicative. acts, their denials are adjudicative in nature as well. Especially in the case of tentative subdivision maps, if the decision-making body makes certain statutory findings, it must deny the subdivision map Apri! 14, 1998 28 (Government Code Section 66474).If the body makes certain other °•'. findings, it has the option of denying the subdivision (Government Code §66474.6). By way of comparison, findings are not necessary for legislative or quasi -legislative acts, unless specifically -required by statute (Ensign Bickford Realty Corp. v. City Planning Commission [1977] 68 Cal.App.3d 467, 473). 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. Even though a zone change or general plan amendment may be specific to a particular parcel, -it is still a legislative act because its underlying effect is legislative in nature; regardless -of the -size or geographic scope of .the 'property affected (Arne1 Development Company v. City of Costa Mesa [1980] 28 Cal.3d 511; 514; Karlson v. 'city of Camatilto [1980] loo Cal.App.3d 789, 799). dings•A Question o In resolving the question of at what point in the process should the decision-making body adopt findings, Topanga again provides guidance. Topanga states that findings should enhance the integrity of the administrative process, help make analysis orderly, and reduce the likelihood that the agency will randomly leap from evidence to conclusions.. This requires the decision - makers to identify the reasons supporting a decision prior to taking action.. However, in the daily reality of acting on a myriad of different land use applications, a local body may face a number of factors making it difficult to formulate detailed and well -articulated findings and reduce them to writing at the point of the decision. Factors affecting this include the nature of the decision, the evidence,and the presence or absence of external factors like State mandated time limits requiring local agencies to act within specific time periods. The following example illustrates how these factors operate to influence the adoption of findings. Late in the evening, after lengthy public testimony and extensive post -hearing discussion of the basis of the decision, a city planning commission has reached consensus to deny a tentative subdivision, contrary to the staff's recommendation. The staff report contains suggested findings supporting the, tentative subdivision, and environmental -findings supporting the adoption of a Negative Declaration. The commission must act on the application that evening because of statutory time limits. For decisions affecting subdivision maps, the commission acts by motion to adopt a resolution, and the sponsor of the approving 29 Apri114,1998 motion, a lay person, has difficulty articulating all the reasons which have been discussed for approving the project. Because of the time limits, there is no future opportunity to incorporate the findings into the decision. This illustration shows several practical difficulties in adopting adequate findings. First, lay commissioners may not 'readily assimilate new information and may have difficulty verbalizing their rationale in the form of structured findings needed to support their decisions, especially if such decisions closely follow lengthy public hearings and statutory .time limits are present. Second, if the resolution must be adopted that night due to statutory time limits, there is no opportunity to direct staff to prepare a resolution incorporating the necessary findings supporting the action taken, the preferred approach. In this example, had the commission agreed with the staff analysis, it could have adopted findings by reference to -.the staff report, since making findings by reference is permissible (McMillan V. American General Finance Company (1976) 60 Cal.App.3d 175, 184). Many agencies have, their staff prepare proposed findings for their decision -makers to consider and 'then use, revise or reject. The suggested findings can help the decision - makers identify the appropriate information, policies, -and regulations governing the proposed project and guide them in making the necessary findings. of course, before adopting any staff -prepared findings, the decision -makers must objectively review and, where necessary, revise them to make Lure that they accurately reflect both the evidence in the record (which is likely to be supplemented in the hearing after the preparation of the staff report) and their own conclusions. In addition, failure to objectively review these findings by the decision-making body exposes the City to a challenge for acting without appropriate deliberation. That is, in the end, the commission would not adopt findings of their own decision but, instead, would.adopt findings reflecting the staff opinion of what the decision should be. Where the opportunity exists, many local land use decision-making bodies take tentative action and then direct staff to draft a written statement of the supporting reasons as.reflected in the evidence and the deliberative discussion. The staff draft can then be reviewed for adoption as the agency's findings at a later meeting. This method provides the opportunity to carefully review the entire record, including .the evidence presented during the public hearings. of course, if this review of the record reveals that there is an evidentiary gap, the .decision -makers must be prepared to alter their decision. Whether or not a decision-making body relies on staff -prepared findings pre- or post -hearing, the goals are the same. These goals are to ensure that decisions are made in an open and 30 Apri114, 1998 reasonable manner, based upon articulated reasons which in turn are based upon the evidence in the record. S,lummary. n, -i aincr the Gan California courts have demonstrated their concern for rational and open land'use decisions that protect the public interest. -The Topanga•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 their 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 52losi requires decision-making bodies to make one or .more findings when an Environmental Impact Report identifies significant effects of a proposed project, Also, 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. pe ifir Action A Conditional use Permit (or C.U.P.) is an application filed in order to establish a use which is not automatically permitted in the zone. The conditional use permit procedure was created in order that. controls could be placed upon particular uses of land so that the use will not adversely affect neighboring properties. Land uses are either automatically permitted, conditionally permitted by approval of a conditional use permit, or prohibited. A prohibited use cannot be allowed through a conditional use permit. 31 Apri114, 1998 In granting.a C.U.P., specific findings must be made. Typically, these are: (1) the proposed use and development will be consistent j with the General Plan; (2) the site is adequate in size, shape, topography,. location, utilities, and other factors to accommodate the proposed use and development; (3) there will be, adequate street access and traffic capacity; (4) there will be adequate water supply for fire protection; and (5) the proposed use and development will be compatible with the intended character of the area. • The Diamond Bar Zoning Code may have additional or slightly different criteria. A variance is an application requesting an exception from a standard required by the zoning ordinance. For example, an applicant may file for a variance to exceed the height restriction on a house or a reduction in the number of parking spaces provided at a restaurant. A Variance to permit.a use not authorized in the zone- district - a -"Use Variance" - is prohibited by State law. In granting a Variance, the reviewing body must make specific findings consistent- with State law. These are: (1) special circumstances. applicable to the property exist, such as its size, shape, topography, location or surroundings; (2) the strict application of the zoning ordinance would deprive the property owner of privileges 'enjoyed by other property owners in the vicinity and the same zone district; and (3) granting of the Variance will not constitute a special privilege. A Tentative Tract Map or Parcel Map (subdivision map) is a map recording the division of land for the purpose of sale, lease, or financing, and is governed by the Subdivision 'Map Act. A subdivision of five or more parcels requires a tentative and.final. map. A subdivision of four or fewer parcels requires just a parcel map. In granting a Tract Map or Parcel Map, the reviewing body must make specific findings consistent with State law. These are: (1) the proposed map is consistent with applicable general and specific plans; (2) the design or improvement of the proposed subdivision is consistent with applicable general and specific plans; (3) the site is physically suitable for the type of development; (4) the site is physically suitable for the proposed density of development; (5) the design.of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; (6) the design of the subdivision or type of improvements is not likely to cause serious public health problems; (7) the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of., property within the proposed subdivision; (8) the Commission has considered the effect of the tract map [parcel map] on the housing needs of the region as set forth in the City's Housing Element; and (9) the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. 32 April 14, 1998 A Zone Change is a request - generally by a private individual but occasionally by the City - to rezone a property from one zone district to another zone district. For example, a petition may be filed to rezone a property from a residential zone to a commercial zone. Other than being in conformance with the general plan, no specific findings are necessary for a zone change, as this is a legislative matter. In general, specific findings are necessary in connection with action upon an application for a subdivision, variance, conditional use permit, specific plan, and other discretionary permits, and revocation of all of the above discretionary permits. 33 April 14, 1998 SUMMARY Congratulations on your appointment to the Planning Commission. As a Commissioner, your activities during your tenure will have a significant impact on the residents of Diamond Bar. The City sincerely hopes that you will serve your community always with the public good firmly in mind. The City also trusts that you will listen to all sides of all issues, discern between the important concerns and the self-serving ones, weigh the options with a critical mind and an open heart, and base your decisions on a commitment to serve the public responsibly. The City of Diamond Bar applauds your involvement and support of city government, where citizens can directly address local political and economic concerns and seek appropriate representation_. April 14, 1998 34 SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M. BROWN ACT The Ralph lvi. Brown Act is California's. "sunshine" law for local government. It is found in the California -Government Code beginning at Section 54950. In a nutshell, it requires local government business to be conducted at open and public meetings, .except in certain limited situations. The Brown Act is based upon state policy that the people must be informed so they can keep. control over their government. In 1993, the Legislature made sweeping changes to the Brown Act. A few additional changes to the law were enacted in 1997. This paper briefly, summarizes and discusses the major provisions of the Brown Act and incorporates the significant changes to the law enacted in 1993 as well as those changes enacted in '1997. A. Application of the Brbwn Act to "Legislative Bodies" The requirements of the Brown Act apply to "legislative bodies" of local governmental agencies. The term "legislative body" is defined to include the governing body of a local agency and any commission, committee, board or other body of the local agency, whether permanent or temporary, decisionmaking or advisory, that is created by formal action of a.legislative body (Section 54952). The Brown Act also applies to so-called `standing committees," even if they consist solely of less than a quorum of the council or other legislative body. Some common examples include city finance, budget, or similar policy subcommittees of the legislative body that have either some "continuing subject matter jurisdiction" or a meeting schedule fired by formal action of the legislative body. However, the law does not apply to ad hoc committees that are less than a quorum of the legislative body, provided they are composed solely of members of the legislative body and provided that these ad hoc committees do not have some "continuing. subject matter jurisdiction," and do not have a meeting schedule'fixed by formal action of a legislative body. Thus, ad. hoc committees would generally serve only a limited or single purpose; they are not perpetual and they are dissolved when their specific task is completed. Standing committees, on the other hand, exist to make routine and regular recommendations on a specific -subject matter; they survive resolution of any one issue or matter, and are a regular part of the governmental structure. Some private entity governing bodies may fall under the requirements of the Brown Act if either of the following applies: (i) the private entity is created by the elected legislative body to exercise lawfully delegated authority, or (ii) the private entity receives funds from the local agency and the private entity's governing body includes a full voting member of the legislative body who was appointed by the legislative body (Section 54952). Fi1CH . vl-. SON 8 GER HON Atie�n�ys al la-� The Brown Act also applies to persons who are elected to serve as members of a legislative body -of a local agency who have not yet assumed the duties of office (Section 54952.1). B. Meetings The central. provision -of the Brown Act provides that all "meetings". of a legislative body must be open and public. The Brown Act contains a definition.of the term "meeting" (Section 54952.2). It is a very broad definition that encompasses almost every gathering of a majority of members. However, itisfollowed by six specific types of gatherings that are not subject to the Brown Act. The definition of meeting includes: "Any congregation of a majority of members of a legislative body at the same tune and place to hear, diScusc, 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 members to hear or discuss any item of city business or potential city 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 members falls within one of the exceptions discussed below, if a majority of members are in the same room and merely listen to a discussion of city business, then they will be participating in •a Brown Act meeting that requires notice, an agenda, and a period for public comment As noted above, there are six exceptions to this rule. We refer to the exceptions as: (1) the individual contact exception; (2) the seminar and conference exception; (3) the community meeting exception; (4) the other legislative body exception; (5) the social or ceremonial occasion exception; and (6) the standing committee exception. The individual contact exception Conversations, whether in person, by, telephone or other means, between a member of a legislative body and any other person does not constitute a meeting (Section 54952.2(e)(1)). However, such contacts may constitute a "serial meeting" in violation of the Brown Act if the individual also makes a series of individual contacts with other members of the legislative body. for the purpose of "developing a collective concurrence." For an explanation of what constitutes. a "serial meeting," see part C of this paper_ RicHnaos, Wa'son $ GC"SSHO.'J 2.The seminar and conference exception The attendance by a majority of members at a seminar or conference or similar gathering is also generally exempted from Brown Act requirements (Section 54952.2 (c)(1)). This exception; for example, would apply to attendance at a California League of Cities seminar. However, in order to qualify under this exception, the seminar or conference must be open to the public. In other words, the meeting must be available to the. public on the same terms that it is available to members of the body. • Therefore, if the seminar is free to members, it must also be free to the public. If members are required to pay an admission fee,'then the public may also be required to pay a fee. Additionally, the seminar or conference must be limited to issues of general interest to the public or to cities. 'Finally, this exception will not apply to a conference or seminar of a majority of members discuss among themselves items of specific business relating to their own city, except as part.of the program. 3. The community meeting exception The community meeting exception allows members to attend neighborhood meetings, town hall forums, chamber of commerce lunches or other community meetings at. which issues of. local interest are being discussed (Section 54952.2(c)(3). However, members must observe several rules that limit this exception. First, in order to fall within this exception, the community meeting must be "open and publicized." Therefore, for example, attendance at a homeowners association meeting that is limited to the residents of a particular development and only publicized among members of that development would not qualify for this exemption. Also, as with the other exceptions; a majority of members cannot discuss among themselves items of city business, except as part of the program. The other legislative body exception This exception allows a majority of members of any legislative body to attend meetings of other legislative bodies of the city or of another jurisdiction (such as the County or another city) without treating such attendance as a meeting of the body (Section 54952.2(c)(4)). Of course, as with other meeting exceptions, the members are prohibited from discussing city business among themselves except as part of the scheduled meeting. The social or ceremonial occasion exception As has always been the case, Brown Act requirements do not apply to attendance by a majority of members at a purely social or ceremonial occasion provided that a majority of members do not discuss among themselves matters of public business (Section 54942.2(c)(5)). RrCMAROS, WATSON ' & GER :MON Anornc,a at law The standing committee exception This exception allows members of a legislative body; who are not members of a standing committee of that body, to attend an open and noticed meeting of the standing committee without making the gathering a meeting of the full legislative body itself. However, under this exception, the members of the legislative body who are not membeis of the standing committee may only attend as "observers" (Section 54952.2(c)(6)). This means that members of the legislative body who are not members of the standing committee should not speak at the meeting, sit in their usual seat on the dial or otherwise participate in the standing committee's meeting. However, if the attendance of the members of the legislative body who are not standing committee members would not create a gathering of a majority of the legislative body, then the non -standing committee members would not be limited to just observing the proceedings and could speak or otherwise participate to the extent authorized by the committee or as provided in the local agency's own rules of procedure. Other than in situations which'fall into certain exceptions, all meetings must occur Within the boundaries of the local goveliLilental "agency (.Flection X4954). -Except10n5 to this Iule include meeting outside the jurisdiction to comply with a court order or attend a judicial proceeding, to inspect real or personal property, to attend a meeting with another legislative body in that other body's jurisdiction, to meet with.a state of federal representative to discuss issues affecting the local agency over which the other officials have jurisdiction, to meet in a facility outside of, but owned by, the local agency, or to visit the office of the local agency's legal counsel. These are meetings and in all other respects must comply with agenda and notice requirements. "Teleconferencing" may be used as a method for conducting meetings whereby members of the body may be counted towards a quorum and participate fully in the meeting from remote locations within the city (Section 54953(b)). Under rules enacted "in 1997 the following requirements apply: the remote locations may be connected to the main meeting location by telephone, video or both; the notice and agenda of the meeting must identify the remote locations; the remote locations must be posted and accessible to the public; all votes must be by roll call; and the meeting.must in all respects comply with the Act, including participation by members of the public present in remote locations. C. Serial Meetings In addition to regulating all gatherings of a majority of members of a legislative body, the Brown Act also addresses individual contacts between members of legislative bodies. On the one hand, the Brown Act specifically states that nothing in the Act is intended to impose Brown Act requirements on individual contacts or conversations between a member of a legislative body and any other person (Section 54952.2(c)(1)). However, the Brown Act also has been amended to prohibit a series of such individual contacts if they result in a "serial meeting" (Section 54952.2(b)). A serial meeting is a series of meetings or communications between individuals so.that.even.though a majority of members never.gather.in a room at the.same time, ideas are PiC'in. . WATS N & G=_zsseoN exchanged among the majority through either one or more persons acting as intermediaries or through use of a technological device (such as a telephone answering machine, or computer e- mail or voice mail). Commonly, serial meetings are conducted in one of two ways; either a staff .member or member. of the body will individually contact a majority of members of a body to share ideas among the majority or, without the involvement of•staff, member A will call member B and member 13 will call member C and so on to share ideas among a majority. Traditionally, the California Attorney General and many city attorneys advised that serial meetings were not permitted under the Brown Act. The 1993 amendments to the Brown Act specifically prohibited such meetings. Of course, the prohibition against serial meetings does not prohibit all. communication between individuals regarding city business. The Brown Act only prohibits the use of serial meetings for the purpose of "developing a collective concurrence" concerning an issue. However, this phrase should not be interpreted too narrowly. Merely the exchange of information or discussion of ideas about a matter of city business will probably be interpreted to be an effort to "develop a collective concurrence." In fact, we know that representatives of newspaper organizations and staff members in the Attorney General's office interpret the' prohibition against serial meetings to prohibit any substantive briefings of members of, a . legislative body by staff. We do not subscribe to such a conservative interpretation of the Brown Act. We believe that such an interpretation is not practical and is not necessary to meet the intent of the Act_ However, we recommend the following guidelines be used to. assure that individual contacts do not inadvertently result in a collective concurrence among a quorum in violation of the serial meeting prohibition described above. These rules of conduct apply only when a majority of a legislative body is involved in a series of contacts or communications. The types of contacts considered include contacts with local agency staff members, constituents, developers, lobbyists and other members of the legislative body. Contacts with staff Staff can inadvertently become a conduit among a majority of a legislative body in the course of providing briefings on items of local agency business. To underscore the seriousness of this concern, the Attorney General take's the position that individual staff briefings of a majority of the members of a body on substantive issues are per se illegal seriatim meetings, and hence, are not permitted. While we do not agree with this highly restrictive interpretation, there is no doubt that staff briefings can too easily lead to collective concurrence if not handled carefully. To avoid a developing a collective concurrence by way of a staff briefing: a. Individual briefings of a majority of members of a legislative body should be unidirectional, in that information should flow from staff to the member and the member's participation should be limited to asking questions and acquiring information. Otherwise, multiple members. ould separately give staff direction thereby causing staff to shape RICHA , WATS- 6 GE_.o. or modify its ultimate recommendations in order to reconcile the views of the various members, resulting in a collective concurrence. b. Members should not ask staff to describe the views.bf other members of the body, and staff should not volunteer ihose views if known to them. C. staff may present its viewpoint to the member, but should not ask. for the member's views and the member'should avoid providing his or her views unless it is absolutely clear that the staff member is not discussing the matter with a quorum of the legislative body. 2. Contacts with constituents, developers and lobbyists. As with staff, a constituent or .lobbyist can also inadvertently become an intermediary among a majority of a legislative body causing a violation of the Brown Act by sharing thoughts among a majority, of members through a series of individual contacts. Many constituents' unfamiliarity with the requirements of the Act aggravate this potential problem because they may believe that a member of a legislative body should in the ordinary course of performing his or her public duty commit to a position in a private conversation in advance of a meeting.. To avoid development of a collective concurrence in constituent conversations: a. First, state the ground rules "up front." Ask if the constituent has or intends to talk with other members of the body about the same subject; if so, make it clear that the constituent should not disclose the views of other members during the conversation. b. Explain to the constituent that you will not make a final decision on a matter prior to the meeting. For example: "State law prevents me from giving you a commitment outside a meeting: I will listen to what you have to say and give it consideration as I make up my mind." Do more listening and asking than expressing opinions. 'd. If you disclose your thoughts about a matter, counsel the constituent not to share them with other members of the legislative body. Contacts with fellow members of the same legislative body Direct contacts concerning local agency business with fellow members of the same legislative body, whether through face-to-face or telephonic conversations, notes or letters, electronic mail or deputies or other staff members, is the most obvious in an by which an illegal serial meeting can occur. This is not to say that a member of a legislative body is precluded from discussing items of agency business with another member of the body outside of a meeting; as long as the communication does not involve a quorum of the body, no meeting has occurred. There is, however, always the risk that one participant in the communication will disclose the views of the other participant to a third or fourth member, thereby creating the possibility of achieving a collective concurrence outside a public meeting. -Therefore, avoid Fi.OHARD5. WATSO discussing local agency business with a quorum of the body or communicating the views of other members outside a meeting and this problem will not arise. These suggested rules of conduct may seem unduly restrictive and impractical, and may make acquisition of important. information more difficult or time-consuming. Nevertheless, following them will help assure that your conduct comports with the Brown Act's. goal of achieving open government. If you have questions about compliance with the Act in any given situation, you should ask them of your city attorney; adherence to the above guidelines is not a substitute for securing advice from your legal advisor. D. Notice and Agenda Requirements Two key provisions of the Brown Act which insure that the public's business is conducted openly are, the requirements that legislative bodies post agendas prior to their meetings (Sections 54954.2, 54955 and 54956) and that no action or discussion may occur on items or subjects not listed on the posted agenda (Section 54954.2). Limited exceptions to the rule against discussing or taking action not on a posted agenda are included in the Brown Act and are discussed in the next partof this paper. Meeting agendas -must contain a brief general description of each item of business to be transacted or discussed at the meeting (Section 54954.2(a)). The description need not exceed 20 words. Each agenda must be posted in a place that is freely accessible to the public. Agenda posting- requirements differ depending on the type of meeting to be conducted. Legislative. bodies, except advisory committees and standing 'committees, are required to establish a time and place for holding regular meetings (Section 54954(a)). If the meeting is a regular meeting of the legislative body, the agenda must be posted 72 hours in advance of the meeting (Section 54954.2(a)). For special meetings, the "call" of the meeting and the agenda must be posted at least 24 hours prior to the meeting (Section .54956). Each member of the legislative body called to a special meeting must personally receive written notice of the meeting either by personal delivery or by "any other means" (such as fax, electronic mail or U.S. mail) at least 24 hours before the time of the special meeting, unless they have previously waived receipt of written notice. Members of the press (including radio and television stations) and other members of the public can also request written notice of special meetings. Notices for adjourned meetings must be posted within 24 hours after the previous meeting was adjourned on the door of the meeting chambers where the previous meeting occurred (Section 54955). If the adjourned meeting occurs more than five days after the prior meeting, a new agenda for that adjourned meeting must be posted 72 hours in advance of that adjourned_ meeting (Section 549542(b)(3)). The Brown Act requires the local agency to mail the agenda, the full agenda packet, or both sets of documents, to any person making a written request no later than the time the agenda is posted or is delivered to the members of the body, whichever is earlier. The agency may, charge a fee to recover its costs of copying and mailing. Any person may make a RICHPAOS, WATSON S GERSY.ON wno•�ne a� �� standing request to receive these materials, in which event the request must be renewed annually. Failure by any requestor to receive the agenda does not constitute grounds to invalidate any action taken at a meeting (Section 54954.1). E. Public Participation 1. Regular Meetings The Brown Act mandates that agendas for regular meetings allow for two types of public comment periods. The first is general audience comment periods, which are those portions of the agenda where the public,ean comment on any item of interest that is within the subject matter jurisdiction of the local agency. This general audience commeni period may come' at any time during a meeting (Section 54954.3). type public.period is, the specific comment period The second t e o f comment e wires the legislative body to allow these pcicai liicg t0 items on. the agenda. The Brown Act I q specific comment periods on agenda items r prior to or during the City Council's consideration of that item (Section 54954.3). Some public entities accomplish both requirements by placing a general audience comment period at the beginning of the agenda where the public can comment on agenda and non -agenda items. Other public entities provide public comment periods as each item or group of items comes up on the agenda, and then leave the general public comment period to the end of the agenda. Either method is permissible. Caution should be taken with consent calendars. The body should have a public comment period for consent calendar items before the body acts on the consent calendar, unless it permits members of the audience to "pull" items from the calendar. The body may preclude public comments on an agenda item in one situation. That is where the item was considered by a committee of the body which held a meeting where public comments on that item were allowed. So, if the body has standing committees (which are required to have agendized and open meetings with an opportunity for the public to comment on items on that committee's agenda) then when the item comes before the full body the body may choose not to take additional public comments on that item. However, if the version presented to the body is different from the version presented to, and considered by, the committee, the public must be given another opportunity to speak on that item at the meeting, of the full body (Section 54954.3), 2. • Public Comments at Special Meetings The Brown Act requires that agendas for special meetings provide an opportunity for members of the public to directly address the body concerning any item listed on the agenda prior to the body's consideration of that item (Section 54954.3). -Therefore, for a special meeting, the city council must allow a period, for public comments on items on the agenda but, unlike regular meetings, the city council does not have to allow the public to comment on any non -agenda matter. R�CHAagS, WA.SOw �.- $ GE_1..0n eu,- Ma�noy> >i Law 3. Limitations on the Length and Content of the Public's Comments A legislative body may adopt reasonable regulations limiting the total arriountof time allocated to each person for public testimony. For example, typical time limits restrict speakers to three or five minutes. A legislative body may also adopt reasonable regulations limiting the total amount of time allocated for public testimony on legislative matters, such as a zoning ordinance or other regulatory ordinance (Section 54954.3(b)). However, we do not recommend setting total time limits per item for any quasi-judicial matter such as a land use application or business license or permit application hearing. Application of a'total time limit to a quasi-judicial matter could result in a violation of the due process rights of those who were not able to speak to the body during the time allotted. The Act precludes the body from prohibiting public criticism of the policies, procedures, programs, or services of the agency or the acts or omissions of the city council (Section 54954.3 (c))- This does not mean that a member of the public may say anything. If the topic of the public's comments is not within the subject matter jurisdiction of the agency, the member of the public can be cut off. The body also may adopt reasonable rules of decorum for its meetings which preclude a speaker from disrupting, disturbing or otherwise impeding the orderly conduct of public meetings. Also, the right to publicly criticize a public official does not include the right to slander that official. Slander is where the speaker makes a knowing falsehood regarding the official or states something in reckless disregard for the truth. It will be difficult to determine if the statement is slander at the meeting unless the body knows the speaker's actual intent and knows what the speaker knew when he or she made the statement. While slander may be proved in court, it may be nearly impossible for the body to be sure it was slander on the spot. So, while the public does not have a right to make slanderous comments in a public meeting, it becomes risky for the body to determine it to be slander and to cut the person off from speaking because of such a statement. The use of profanity may be a basis for stopping a speaker. However, it will depend upon what profane words or comments are made and the context of those comments in s to the level of impeding the orderly conduct of a meeting. While determining whether it rise terms such as damn and "hell" may have been disrupting words thirty years ago, today's standards seem to accept a stronger range of foul ]anguage. Therefore, if the chair is going to rule someone out of order, for profanity, the chair should make sure the language is truly objectionable and that it causes a disturbance or disruption in the proceeding before the chair cuts off the speaker. 4. . Discussion of Non -Agenda Items For many years, the Brown. Act provided that a legislative body could not take any action on items not appearing on the posted agenda. Some public Iaw attorneys interpreted this as meaning that a body could talk about something but not reach a collective consensus as to a particular course of action until the item was. brought back on a subsequent agenda. Other practitioners took the position that as soon as discussion occurred on that non -agenda item, then A,._R05. Wa.. - S GGRSMOH nno��m ai uw the process for coming to a consensus on that item started, which was a violation of the Brown Act. Thus, under the stricter interpretation, no discussion of a non -agenda item should occur. This divergence of -interpretation was resolved in the 1993 _amendments to the Brown Act. Under -the current law, a body may not take action or discuss any item that does not appear on the posted agenda (Section 54954.2). There are two "urgency" exceptions to this rule. The first is if the body determines that an emergency situation exists. The term "emergency" is limited to work stoppages or crippling disasters (Section 54956.5). The second exception is if the body finds by a two-thirds vote of those present, or if less than two-thirds of the body is present, by unanimous 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 (Section 54954.2 (b)). This means that if four members of a five -member body are present, three votes are required to add the item; if only three are present, a'unanimous vote is required. In addition to these exceptions, there are several limited exceptions to the no discussion'on non -agenda items rule. Those exceptions are: (a) Members of the legislative body or staff may briefly respond to statements made or questions posed by persons during public comment periods. (b) Members or staff may ask questions for clarification and provide a reference to staff or other resources for factual information; (c) Members or staff may make'a brief announcement, ask a question or make a brief report on his or her own activities. (d) Members, may, subject to the procedural rules of the legislative body, request staff to report back to the legislative. body at a subsequent meeting concerning any matter; and (e) The legislative body may itself as a body, subject to the rules of procedures of the legislative body; take action to direct staff to place a matter of business on a future agenda. The body 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 city council or between legislative body and staff. When the body is -considering whether to direct staff to add an item to a subsequent agenda, these exceptions do not allow the body to discuss the merits of the matter or to engage, in a debate about the underlying issue. n.HA.ZQs, V 1. SO S GCAS.04 Artorney+at V� To protect the body from problems in this area, the legislative body may wish to adopt a rule that any one member may request an item'to be placed on a subsequent agenda, so that discussion of the merits of the issue can be easily avoided. If the legislative body does not wish to adopt this' rule, then the body's consideration and vote on the matter must take -place with virtually no discussion. It is important to follow these exceptions carefully and interpret them narrowly because the city would not want to have an important and complex action tainted by a non- agendized discussion of the item. , 5. The public's right to.photograph, videotape, tape-record and broadcast open meetings . . The. public has the right to videotape or broadcast a public meeting or to make a motion picture or still camera record of such meeting (Section 54953.5). However, a body may prohibit or limit recording of a meeting if the body finds that the recording cannot continue without noise; illumination, or obstruction of a view that constitutes, or would constitute, a disruption of the proceedings (Section 54953.5). These grounds would appear to preclude a 'finding based on nonphysical grounds such as breach'of decorum or mental disturbance. Any audio or video tape record of an open and public meeting.- that is made, for whatever purpose, by or at the direction of the city is a public record and is subject to inspection by the public consistent with the requirements of the Public Records Act (Section 54953.5). The city must not destroy the tape or film record of the open and public meeting for at least 30 days following the date of the taping or recording. Inspection of the audiotape or videotape must be made available to the public for free on equipment provided by the city (Section 54953.5). If a member of the public requests a duplicate of the audio or videotape, the city must provide such copy upon payment of a fee.. If the city has an audiotape or videotape the city must provide the copy on its own machine. If the city does not duplication machine, tape duplication machine, the city. should send it out to a business have an audiotape or video that can duplicate it and the city may charge a fee to cover the cost of that duplication service. The Brown Act requires written material distributed to a majoriy of the body by any person to be provided to the public without delay. If the material is distributed during the meeting and prepared by the local agency, it must be available for public inspection at the meeting. If it is distributed during the meeting by a member of the public, it must be made available for public inspection after the meeting (Section 54957.5). One problem in applying this rule arises when written materials are distributed directly to a majority of the body without knowledge of City staff, or even without the members knowing. that a majority has received it. The law still requires these materials to be treated as public records. So, many cities have established some procedure to assure compliance with this new rule. RICHtii05� WAT-- & GEFi OF �_ Mannya at l,H F. ' Closed Sessions Closed sessions are lawful meetings during which the public and press are excluded. Sometimes people refer to closed sessions as "executive ses'sions," a holdover term from the Brown Act's early days. Closed sessions can only be used to. discuss specified kinds of business. Examples include meetings to discuss personnel evaluations or labor negotiations, pending litigation, or real estate negotiations (See Sections 54956.7 through,54957 and Sections 54957.6 and 54957.8). Political sensitivity of an item is not a lawful reason for a closed session discussion. The Brown Act requires closed session business to be described on the public agenda (Section 54954.5). And, there is a "bonus" of sorts for using prescribed language to describe litigation closed sessions in that certain types of legal challenges are precluded. , This so-called "safe harbor" encourages many cities to use a very similar agenda format. One of the big changes to the Brown Act in 1993 was to reverse the old rule that - closed session actions and votes generally did not have to be reported to the public- Now, the general rule is the legislative body must reconvene.the public meeting after a closed session and publicly report specified closed session actions and the vote taken on those actions (Section 54957.1). There are limited exceptions for certain kinds of litigation decisions, and to protect the victims of sexual misconduct or child abuse. Contracts, settlement agreements or other documents that are finally approved or adopted in closed session must be provided at the time the closed session ends to any person who has made a standing request for all documentation in connection with a request for notice of meetings (typically members of the media) and to any person who makes a request within 24 hours of the posting of the agenda (Section 54957.1). The Brown Act also includes detailed requirements describing when litigation is considered "pending" for the purposes of a closed session (Section 54956.9). These new requirements involve detailed factual determinations that will probably be made in the first instance by legal counsel. Recent case law affirms the confidentiality of attorney-client memorandums (Roberts v. City of palmdale, 5 Cal. 4th 363 (1993)). See also Section 54956.9(b)(3)(f) with cations regarding pending litigation. respect to privileged communi Closed sessions may be started in a location different from the usual meeting place as long as the location is noted on the agenda and the public can be present when the,.ineeting first begins. Moreover,'it is advisable to allow an opportunity for public comment before consideration of closed session matters. Final action concerning the establishment of salaries or other benefits of individual employees is not permitted during a closed session convened under "personnel" for the purpose of appointing or evaluating those employees. The body may, however, discuss compensation gotiator in a closed session for "labor negotiations of individual employees with the body's ne WGHAGE- WAiSON for thepurpose of giving direction to the negotiator. Also, in a closed session for labor negotiations, the body may discuss the local agency's financial situation if necessary to give direction to the negotiator. G. Enforcement There are both civil remedies and criminal misdemeanor penalties for Brown Act violations. The civil remedies include injunctions against further violations, orders nullifying any unlawful action, and orders determining the validity of any rule to penalize or discourage the expression of a member'of the legislative body (Section 54960.1).. The provision relating to efforts to penalize expression may come up in the context of measures by the legislative body tocensure or penalize one of its members for breaching confidentiality or other violations. This part of the law is charged with difficult free speech and attorney-client privilege issues. The '..tape recording of closed sessions is not required unless the courtorders such taping after finding a closed session violation (Section 54960). .` Prior to a civil 'action. being commenced, the complaining party must "make a written demand on thelegislative body to cure or,correct the action alleged to have been taken in violation of Sections 54953, 54954.2, 54954.5, 54954.6, or 54956. The written demand must be made within 90 days after the challenged action was taken in'open session unless the violation involves the agenda requirements under Section 54954.2 in which case the written demand must be made within 30 days. The legislative body is required to cure or correct the challenged action and inform the party who. filed the written demand of its correcting actions or its decision not to cure or correct within 30 days. Within 15 days after receipt of the written notice from . the legislative body, of if there is no written response, within 15 days after the 30 -day cure period expires, a civil action must be commenced by the complaining party. With respect to criminal penalties, a member of a legislative body will not be criminally liable for a violation of the Brown Act unless the member intends to deprive the ,r public of information to which the member knows or has reason to know -the public is entitled under the Brown Act (Section 54959). This standard became effective in 1994 and is a different . standard from most criminal standards. Until it is applied and interpreted by a court, it is not clear what type of evidence will be necessary to prosecute a Brown Act violation. H. Conclusion We hope that this overview of the Brown Act has been instructive and helpful_ In the event you have any questions regarding any provision of the'law, please do not hesitate to contact us. RICHA.'�OS. WATS & GCR5I.IO.Y Ane net's n I.a•+ ^� ', �:, � �� t � t .� ,� t -A SUMMARY OF THE PRINCIPAL CONFLICT OF INTEREST LAWS THAT APPLY TO LOCAL AGENCY DECISIONS Set forth below is a general summary of the relevant. cbnfl ict of interest laws and applicable conflict of interest regulations for certain typical decisions of a local agency. Also included is a summary of certain laws prohibiting the receipt of gifts and honoraria. This paper is general in nature and may not cover all aspects of an actual conflict of interestq uestion. Thus it is not intended, to constitute advice on specific conflict of interest questions. ' In the 'event of an actual conflict of interest issue, you should contact your city attorney for further advice. I. GENERAL CONFLICT OF INTEREST LAWS THAT ARE APPLICABLE TO DECISIONS OF AN AGENCY There are three principal sets of conflict of interest laws that apply to decisions of a local agency- Each of these three sets of conflict of interest laws is summarized below: A. POLITICAL REFORIM ACT The California Political Reform Act (Government Code Section 81000 et sea., "Act") is the principal law in California governing conflicts of interest for public officials. Its conflict of interest provisions are found at Government Code Section 87000 et sea. The Fair Political Practices Commission ("FPPC") has interpreted the Act in a series of Regulations found at 2 Cal. Code of Regulations, Section 18109 et. se ?'. The Act requires public officials• to disqualify themselves from making, participating in the making, or in any way attempting to use their official position to- influence_ a decision in which they know or have reason to know they have a financial interest (Section 87100). An official has a financial interest in a decision if the decision will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official, or on a member of his or her immediate family, or on certain listed financial interests. Those listed financial interests are: (a) Any business entity in 'which the public official has a direct or indirect investment worth One Thousand Dollars ($1,000) or more. 7/ All statutory references are to the California Government Code unless otherwise indicated. Regulations of the PC are referred to as "Regulation Section." RIGHP.aDs, V'!.'tisON MGEgsHON o�neya at V� (b) ' Any real property in which the public official has a direct or indirect interest worth One Thousand Dollars ($1,000) or more. (c) Any source of income, other than gifts and other than loans by a cotnmercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating.two, hundred fifty- dollars ($250) 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. (e} Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) 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...." [ The dollar amount ;n this paragrapli (e) has been increased to $290 by the FPPC pursuant to Regulation Section 18940.2] (Section 87103.) The Regulations of the FPPC provide interpretation and guidance to most of the terms used in the Act as well as standards for determining if each element of the Act's prohibitions have been satisfied" Some of the most significant regulations address standards for determining if a decision has a material financial effect on a business entity (Regulation Section 18702,2), or on various types of interests in real property (Regulation Sections 18702.3 and 18702.4). 1. Decisions Affecting Business Entities With respect to business entities, a decision's impact is regarded as materially affecting the business .entity based on its financial size_ For large `Fortune 500" business entities, a decision will be found to materially affect the business entity if the decision will affect the gross revenues, expenses, assets or liabilities by $1,000,000 or.more in a fiscal year or result in an increase or.decrease in expenses by $250,000 or more in a fiscal year (Regulation Section 18702.2 (a)). Lower thresholds apply for mid-size companies. For small companies that have net tangible assets of less than $4,000,000 and pre- tax income for the last fiscal year of less than $750,000 and net income from that same period of less than $400,000, the decision is regarded as materially affecting the company if the decision will result in an increase or decrease in gross revenues for a fiscal year of $10,000 or more, or increase or reduce expenses by $2,500 or more in a fiscal year, or result in an increase or decrease in the value of its assets or liabilities by $10,000 or more (Regulation Section 187022 (g)). Certain other standards apply if the source of income is a non-profit entity (Regulation Section 18702.5) or an individual (Regulation Section 18702.6). �-- flICHARDS, WATSON 2. Decisions Affecting Real Property With regard to whether a decision will have a material financial effect on an official's interest in real property, the FPPC has adopted regulations setting forth standards that must be satisfied to create a conflict of interest (2 Cal. Code of Regulations Section 18702.1 and 18702.3 (a)). If an official's property is the subject of a decision, the official is generally considered to have a material financial effect on the official's interest in the property, without regard to the effect of the decision on the value of the property. If the official's property is not directly involved in the decision, there are four standards for determining whether the financial effect on the official's interest is material. First, if a decision involves construction of, or improvements to, streets, water, sewer, storm drainage or similar facilities, and the official's real property will receive a new or substantially improved service, the decision is regarded as having a material financial effect on the official's property, Second, if the official's property is within 300 feet of the boundaries of the property subject to the decision, the decision is deemed to have'a material financial effect on the official's property, unless there are unique facts to indicate" that the decision will have no financial effect at all on the official's real property interest. Third, if the official's real property is located outside a radius of 300 feet, but any part of the property is located within a radius of 2,500 feet of the boundaries of the property subject to the decision, the decision is regarded as materially affecting the official's property if the decision will have a reasonably foreseeable financial effect on the official's property of: (a) Ten thousand dollars ($10,000) or more on the fair market value of the real property; or (b) . Will affect the rental value of the property by $1,000 or more per 12 month period_ Fourth, if the official's real property is located outside a radius of 2,500 feet of the boundaries of the property subject to the decision, the decision is presumed to not have a material financial effect on the value of the official's property unless: (a) There are specific circumstances regarding the decision, its effect, and the nature of the real property in which the official has an interest, which make it reasonably foreseeable that the fair market value will be affected by $10,000 or the rental value of the real property will be affected by $1,000 or more in a 12 month period; and RIOHAROS• WA: SON & GE' . (b) Either of the following apply: (1) The effect will not be substantially the same as the effect upon at least 25 percent of all the properties which are within a 2,500 foot radius of the boundaries of the real property in which the official has an interest; or, (2) There are not at least 10 properties under separate ownership within a 2,500 foot radius of the property'in which the official has an interest. 3. The "Public Generally" Exception Once it is determined that it is reasonably foreseeable that the decision will have a material financial effect on a public official's financial interest or interests, the decision must be evaluated under the "public generally" exception (Regulation Sections 18703.1 et seg.). The' public generally exception provides that even if the decision will have a reasonably foreseeable material financial effect on the official's financial interest, disqualification is required only if the effect on the public official is distinguishable from the effect on the financial_ interests of the public generally or a significant segment of that public. The "public generally" is comprised of the entire jurisdiction of the City (In re Le an., 9 FPPC Ops.l (1985)). Pursuant to Regulation Section 18703, a governmental decision will affect a significant segment of the public if the decision will affect ten percent or more of the City's population, ;ten percent or more of all property owners in the City or fifty percent of all businesses in the. City. Certain additional rules apply if the City has a population of less than 25,000 (Regulation Section 18703.1) or if the decision affects a predominant industry, trade or profession in the City (Section 18703.2). B. GOVERNTNIENT CODE SECTIO -N 1090 Government Section 1090 provides in relevant part: "Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members... . The prohibition contained in Section 1090 is intended to preclude a public official from using his or her official position as a government officer or employee to obtain business or financial advantage. The purpose of the prohibition is to remove the possibility of any personal influence which might bear on an official's decision-making activities with respect to contracts entered into by the governmental entity. The prohibition contained in Section 1090 involves three principal. components: (1) the person subject to the prohibition must be regarded as an officer or employee of one of the types of governmental entities listed; (2) the public officer or employee must be financially RIGHAPOS WA -50N E. GE-- �- Ano�ncya al l.�w interested in the contract; and (3) the contract must be made either (i) by the public official in his or her official capacity; or (ii) by the body or board of which he or she is a member. Section 1090 is unlike the Political Reform Act and the Common Law Doctrine Against Conflicts of Interest which require the public official with the conflict of interest to abstain from participation in the decision. Section 1090 prevents the Agency from even entering into the'contract in which one of its officers ok employees has a financial interest unless certain exceptions apply. The term ."financially interested". has been interpreted to include any direct interest, such as that involved when'an officer enters directly into a contract with the body of which he is a member (Thompson v. Call, 38 Ca1.3d 633, 645 (1985)).: 1t, has also been interpreted to include indirecf financial interests in contract, where ,for example, a' public official would gain s6mething financially by the making of the contract (Fraser-YamorAgency, t Inc. v.' County.of Del Norte, 68 Cal.App.3d 201 (1977)). The third element is that the contract has to be "made" either by the official or employee acting in his or her official capacity, or by any body or board of which the official is a member. The term made," as used in the statute has been interpreted broadly by the courts to encompass such elements in the making of a contract as preliminary discussions, negotiations, compromises, reasoning, planning, drawing of plans or specifications and solicitation for bids (Milbrae Association for Residential Survival v.- City of Milbrae, 262 Cal.App.2d 222, 237 (1968), City Council v. McKinley, 80.Ca1_App.3d 204, (1978)). There are two sets of exceptions'to Section 1090. The first is Section 1091 which specifies certain "remote interests." If an official merely has a remote interest, then the Agency may enter into the contract as long as the official abstains from the participating in any way in the decision. The second set of exceptions is found in Section 1091.5. These exceptions are called the "non-interest" exceptions and provide that the interests which fall within those exceptions are excluded from the scope of Section 1090 altogether. If a violation of Section 1090 is found to have occurred, the contract is deemed. void (Section 1092). In addition, civil and criminal penalties could apply, and the public official with the financial interest in the contract could be forever barred from holding public office (Section 1097). C. CONH-N,1014 LAW DOCTRINE AGAINST CONFLICTS OF INTEREST The common law doctrine against conflicts of interest is the courts' expression of the public policy against public officials using their official positions for their private benefit (see, Terry V. Bender, 143 Cal.App.2d 198, 206 (1956)). This doctrine has been prim rily applied to require a public official to abstain from participation in cases where the public official's private financial interest may conflict with his or her official duties (64 Ops.Cal.Atty.Gen. 795, 797 (1981)). FiICHAROS, WAiSON $ GcRSHON Anor ey at tom.+ By virtue of holding public office, an elected official "is impliedly bound to exercise the powers conferred on him with disinterested skill, zeal, and diligence and primarily for the benefit of the public." (Noble v. City of Palo Alto, 89 Cal.App. 47, 51 (1928)). An elected official bears a fiduciary duty to exercise the powers of office for.the benefit of the public and is not permitted to use those powers for the benefit of a private interest. (Id; see also Nussbaum V. Weeks, 214 Cal.App.3d 1589, 1591798.(1989))' This doctrine is an independent basis from the Political Reform Act for requiring Agency officials and employees to abstain from participating in Agency discussions or -decisions involving matters in which they have a financial interest. Violation of the common law duty to avoid conflicts of interest can constitute official misconduct and result in a loss• of office.(See' Nussbaum, 214 Cal.App.3d at 1597-98.) II. LAWS THAT PROHIBIT CERTAIN GIFTS, HONORARIA AND LOANS x 1 e conflict of interest laws set faith above do not prohibit an official 'from having an 'interest in a business or real property, they merely prevent the official from participating in.a decision that would materially affect diose interests. However, the State Izgislature has taken a different approach with regard to certain gifts, honoraria and loans. State law has been amended to preclude elected local officials from receiving certain gifts, honoraria and loans. These'prohibitions apply whether or not.the source of the gift, honorarium or loan is, or will ever be, affected by a decision of the official's agency. Additionally, these limitations apply to certain other designated local officials, including planning commissioners. , A. Limitations on the Receipt of Gifts General Gift Limitation - Government Code Section 89503 (a) provides: "No elected state officer,* elected officer of a local government agency,. or other individual specified in Section 87200 [includes Planning Commissioners] shall accept gifts from any single source in any calendar year with a total value of more than two hundred ninety dollars 5290 ." (Emphasis added). A similar limitation prohibits a city employee designated in a conflict of interest code from accepting gifts from a single source totaling more than $250 in value in any calendar year, if the gifts would be required to be reported on his or her 1 statement of economic interests. [Section 89503(c)] 2, Biennial Gift Limit Adjustment The Political Reform Act authorizes the FPPC ions set rth in Section to make an inflationary adjustmentThe most reeenttadjustmentbecgme eff cov503 e on every two years. [§ January 1, 1997, and the gift limitation is now $290. Fi1CF1.4aD$, WT --1 & GcrS�+Dry t— Morneya ai lx.. EV'. Exceptions to Gifts and Gift Limitations a. Basic Exceptions - FPPC Regulation Section 18942 is.summarized below: . None of the following is a gift and none is subject to any limitation on gifts: (i) Informational Materials - such as books, calendars, videotapes, and free or discounted admission to educational conferences that are provided to assist the official in the performance of official duties. (2) Returned Gifts A gift that is not used and that, within 30 days after receipt, is returned or donated pursuant to California Code of Regulations, Title 2, Section 18943, or for which reimbursement is paid pursuant to Section 18943. (3) Family Gifts - A gift from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law; sister-in-law, nephew, niece, aunt, uncle, or first cousin or tiie spouse of any such person, unless"the donor is acting as an agent or intermediary for any other person. (4) Campaign Contributions - Please note, however, campaign contributions are required to be reported and are subject to other limitations of Proposition 208. (5) Inherited Money or Property - Any devise of inheritance. (6) Awards - A personalized plaque or trophy with an individual value of less than two hundred fifty dollats ($250). (7) Home Hospitality - Hospitality (including food, beverages, or occasional lodging) provided to an official by an individual in his or her home when the individual or a member of the individual's family is present. (8) Presents on Personal or Family Occasions - Presents exchanged between an official and an individual, other than a lobbyist, on holidays, birthdays, or similar occasions provided that the presents exchanged are not substantially disproportionate in value. (9) Admission and Incidentals at Speaking Events - Free admission, and refreshments and similar non-cash nominal benefits provided to an official duringthe entire event at which the official gives a speech, nel or seminar, or provides a similar service, and actual participates in a pa intrastate transportation and any necessary lodging and subsistence R. -D.. VJ.T5 - $.D �RSH01-N- 4. provided directly in connection with the speech, panel, seminar, or service, including but not limited to meals and beverages on the day of the activity. These items are not payments and need not be reported by any official. (10) _Campaign.Travel - The transportation, lodging, and subsistence -provided in' direct connection with' campaign activities,' including attendance at political fundraisers. Giftsito Your Family - FPPC•Regulation Section 18944 provides (in summary): a. Gifts given directly to members of an official's immediate family are not gifts to the official unless used or.disposed of by the official or given by the recipient member of the official's immediate family to the official for disposition or use at the official's discretion. b. Gifts delivered by mail or other -written communication are given directly to members of the official's immediate family if the family members' names or familial designations (such'as "spouse") appear in the address on the envelope or in the communication tendering or offering the gift, and the gift is intended for their use or enjoyment. C. A gift given to the official, but designated for the official and spouse or family, is a gift to the official if the official exercises discretion and control over who will actually use the gift. d. If the official enjoys direct benefit from a single gift, as well as members of the official's family, the full value of the gift is attributable to the official. 5. Tickets to Political and Charitable Fundraisers - Regulation Section 18946.4 provides (in summary): a. Nonprofit Fundraiser - Except as provided in subdivision (b), a ticket to a fundraising event for a nonprofit, tax-exempt organization (that is not a political campaign committee) shall be valued as follows: (1) Where the event is a fundraising event for a nonprofit organization, and the ticket clearly states that a portion of the ticket price is a donation to the organization, then the value of the gift is the face value of the ticket or admission reduced by the amount of the donation. (2) If the ticket has no stated price or no stated donation portion, the value of the gift is the fair market value of any food, beverage, or other tangible benefits provided to each attendee. RCw D.. Wa..01 & GEPSHON b. Fundraiser fora religious, charitable, scientific, literary or educational organization - Where the event is a fundraising event for an organization exempt from taxation under Section 501(c)(33) of the Internal Revenue Code, the ticket or other admission privilege has no 'value. c: Political Fundraiser - Where the event is a fundraising event for a campaign committee or candidate, the ticket or other. admission privilege has no value: 6. Prizes and Awards from Competitions - Regulation Section 18946.5 provides (in summary): A prize or an award received shall be reported as a gift unless the prize or award Is received in a bona fide. competition not related to the recipient's status as an official or candidate' A prize or award which is not reported as a gift shall be reported as income. 7 Certain Gif_rs of Travel Fxempffrom Gift Limitations a, Travel In Connection With Speeches, Panels, and Seminars. (1) A payment made for travel, including actual transportation and related lodging and subsistence, is not subject to the prohibitions or "limitations on honoraria and gifts if: (A)' The travel is reasonably related to a legislative or governmental purpose, or to an issue 6f state, national, or international public policy, and (B) The travel, including actual transportation and related lodging and subsistence, is in connection with a speech given by the official or candidate; the lodging and subsistence expenses are limited to the day immediately ;. preceding, the day of, and the day immediately following the speech; and the travel is within the United States. 'b. Travel Provided by Governmental Entity or Charity A payment made for travel, including actual transportation and related lodging and subsistence, is not subject to the #ohibitions or limitations on honoraria and gifts if: (1) The travel is reasonably related to a legislative or governmental purpose, or to an issue •of state, national, or international public policy, and RICHAAOS, YlRSO•"+ & GEr�svo^+ (2) The payment is provided by a government, a governmental agency, a foreign government, a' governmental authority, a bona fide public or private educational institution, defined in Section 203 of the Revenue and Taxation Code, or by a nonprofit charitable or religious organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, or by a person that is domiciled outside the United States and that substantially satisfies the requirements for tax exempt status under Section 501(c)(3) of the Internal Revenue Code. C. Travel Paid From Campaign Funds - A payment made for transportation and -necessary lodging. and subsistence, which payment is made from campaign funds as permitted by Government Code Section 89513, or which is a contribution, is not an honorarium or a gift.. d. Travel Provided By Official's Agency - A payment made for transportation and necessary lodging and subs;stence, which payment is made by the agency of an official, is not an honorarium or a gift. e. Travel In Connection With Bona Fide ,Business - A payment made for transportation, lodging, and subsistence, which payment is reasonably necessary in connection with a bona fide business trade, or profession, and which satisfies the criteria for federal income tax deductions for business expenses specified in Sections 162 and 274 of the Internal Revenue Code, is not an honorarium or gift unless the sole or predominant activity of the business, trade or profession is making speeches. B. Prohibitions on Receipt of Honoraria 1. Basic Prohibition - Government Code Section 89502 provides that no elected officer of a local government agency nor any official listed in Government Code Section 87200 (which includes planning commissioners) shall accept an honorarium. 2. An "honorarium" means any payment made in consideration for any speech given, article published, or attendance at any public or private conference, convention, meeting, social event, meal, or like gathering. 3. Summary of Exceptions to Prohibition on Honoraria a. Earned Income Exception - "Honorarium" does not include income earned for personal services if: (1) The services are provided in connection with an individual's business or the individual's practice of or employment in a bona fide business, 'trade, or profession, such as teaching, practicing FRic---. Ww, A�ornc,a at u.+ law, medicine, insurance, real estate, banking, or building contracting; and (2) The services are customarily provided in connection with the business, trade, or profession. b, Information Materials - "Honorarium" does not include information materials such as books, calendars, videotapes, or free or discounted . admission to educational conferences that are provided to assist the official in the performance of official duties. C. Family Payments - "Honorarium" does not include'a payment received from one's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle or :...:. 'first cousin or the spouse of any such person:' However, a payment from any such person is an honorarium if the donor is acting as an agent or intermediaryfor any person not listed in'this'paragraph. d. .Campaign contributions - However; campaign contributions are required to be reported and are subject to the limitations of Proposition 208. r� e. Personalized Plaque or Trophy - Honorarium does not include a personalized plaque or trophy with an individual value of less than two hundred and fifty dollars ($250). f. Admission and Incidentals at Place of Speech - "Honorarium" does not include free admission, refreshments and similar non-cash nominal benefits provided to an official during the entire event at which the official gives a speech, participates in a panel or seminar, or provides'a similar service, and actual intrastate transportation and any necessary lodging and subsistence provided directly in connection with the speech, panel, seminar, or service, including but not limited to meals and beverages on the day of the activity. g- Incidentals at Private Conference - "Honorarium" does not include any of the following items, when provided to an individual who attends any public or private conference., convention, meeting, social event, meal, or like gathering without providing any substantive service: (1) Benefits, other than cash, provided at the conference, convention, meeting, social event, meal, or gathering. (2) Free admission and food or beverages provided at the conference, convention, meeting, social event, meal, or gathering. RICHAr'iDS� VJATSON 8 GE?Sr.ON C. 1 2 3 h. Travel That Is Exempt From Gifts -. Any payment made for transportation, lodging and subsistence that is exempted by the gift exceptions. Prohibitions on Receipt of Certain Types of Loans Prohibition on Loans Exceeding $250 from Other City Officials, Employees, Consultants and Contractors - Effective January 1, 1998, elected officials and other city officials specified in Section 87200 (Planning Commissioners, City Managers, City Treasurers, City Attorneys, etc. ,) may not receive a personal loan that exceeds $250 at any given time from an officer, employee, member or consultant of your city or any local government agency over which your city exercises direction and control (Section 87460 (a) and (b)). In addition, elected officials and other city officials specified in Section 87200 may not receive a personal loan that exceeds $250 at any given time from any individual or entity that has a contract your city or any agency over which your city exercises direction and control (Section 87460 (c) and (d)). Requirement for Loans of $500 or More from Other Persons and Enkh-es to be in Writing - Elected local officials may not receive a personal loan of $500 or more unless the loan is made in writing and clearly states that terms of the loan. The loan document must include the names of the parties to the loan agreement, as well as the date, amount, interest rate, and term of the loan. The loan document must also include the date or dates when payments are due and the amount of the payments (Section 87461). Exceptions to Loan Limits and Documentation Requirements - The following loans are not subject to the limits and documentation requirements specified in subparts 1 and 2 above: a. Loans received from banks or other financial institutions, and retail or credit card transactions, made in the normal course of business on terms available to members of the public without regard to official status, b. Loans received by an elected officer's or candidate's campaign committee. C. Loans received from the elected or appointed official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in- law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person unless he or she is acting as an agent or intermediary for another person not covered by this exemption. d. Loans made, or offered in writing, prior to January. 1, 1998_ RICH OS, WATSON & GFRSMON Ma�neya at- 4. Loans that Become Gifts Subject to the Gift Prohibition = Under the following circumstances., a personal loan -received by any public official (elected and other officials specifiem d in Section 87200, as well as any other government official or employee required to file a Statement of Economic Interest) may become a gift and subject to gift and reporting limitations: a. If the loan has a defined date or dates for repayment and has not been repaid, the loan will become a gift when the statute of limitations for filing an action for default has expired. b. If the loan has no defined date or dates for repayment, the loan will become a gift if it remains unpaid when one year has elapsed from the later of: (1) the date the loan was made; . (2) the date the last payment of $100 or more was made on the loan; or (3) the date upon which the' official has made payments aggregating to less than $250 during the previous 12 -month period. 5. Exceptions -- Loans that Do Not Become Gifts - The following loans will not become gifts to an official: a. A loan made to an elected officer's or candidate's campaign committee. b. A loan on which the creditor has taken reasonable action to collect the balance due. C. A loan described above on which the creditor, based on reasonable business considerations; has not undertaken collection action. (However, except in a criminal action, -the creditor has the burden of proving that the decision not to take collection action was based on reasonable business • considerations.) d. A loan made to an official who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. e. A loan that would not be considered a gift as outlined in Part III (A)(3) of this Summary (e.g. loans from family members) (Section 87462). R..H DS. WAIS- & GERSF OY We hope that this material is helpful to you. However, please remember that this general introduction to conflict of interest. laws and regulations does not cover every potential decision of the City in which conflict of interest laws are implicated. The application of these laws must be analyzed on a case by case basis iri light, of each Councilmember's circumstance. Thus, while certain generalizations can 'be ,drawn, it is important to seek conflict of interest advice -from- our office whenever questions arise. 0%2670 ji1GHARDS, YJ -\'SON 8 GEaSHOY Aror ey at V+ ATTACHMENT"3" CITY OF DIAMOND BAR MINUTES OF THE SPECIAL JOINT MEETING OF THE PLANNING COMMISSION, TRAFFIC AND TRANSPORTATION COMMISSION AND PARKS AND RECREATION COMMISSION APRIL 7, 2004 CALL TO ORDER: Planning Commission Chairman Dan Nolan, Traffic and Transportation Commission Chairman Dave Grundy and Parks and Recreation Commission Chairman Liana Pincher called the Special Joint meeting to order at 6:20 p.m. in the Diamond Bar Center Grand View Ballroom, 1600 South Grand Avenue, Diamond Bar, CA. IL COMMISSION ROLL CALL: PLANNING COMMISSION: Dan Nolan, Chairman; Jack Tanaka, Vice Chairman; and Commissioners Ruth Low and Joe McManus. Commissioner Steve Tye was excused. TRAFFIC AND TRANSPORTATION: Liana Pincher, Chairman; Tony Tomg, Vice Chairman, and Commissioners Jack Shah and Arun Virginkar. Commissioner Roland Morris was excused. PARKS AND RECREATION: Dave Grundy, Chairman; Nancy Lyons, Vice Chairman; and Commissioners Ling -Ling Chang, Benny Liang and Marry Torres. Also present were: Linda Lowry, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Fred Alamolhoda, Senior Engineer; Sharon Gomez, Senior Management Analyst; Linda Smith, Development Services Assistant; Kimberly Molina, Assistant Engineer; Marisa Somenzi, Administrative Assistant and Stella Marquez, Administrative Assistant. III. DISCUSSION TOPICS: CM/Lawry announced that Mayor Zirbes asked her to thank the Commissioners for attending tonight's meeting recognizing that most Commissioners attend many meetings on a regular basis and that their time is valuable. Mayor Zlrbes and the Council Members are very appreciative of the Commissioners dedication to their assignments. She asked the Commissioners to introduce themselves and provide a brief synopsis of their term of service on their current commissions as well as service on other commissions in Diamond Bar and other cities. CA/Jenkins introduced himself and outlined the purpose, goal and structure of the Special Joint Meeting. APRIL 7, 2004 PAGE 2 SPECIAL. JOINT COMMISSIONS MEETING Purpose of each Commission: CA/Jenkins stated that all Commissioners are appointed. Commissioners play a unique role in City government for a number of reasons. To a significant degree, the role of Commissioners is unique because it has two aspects that are sometimes in conflict. For example, the City Council appoints Commissioners to provide expertise and to exercise good judgment in particular areas in which the City is engaged in regulation and providing services. There is an expectation that Commissioners will behave in a manner consistent with the overall goals and direction of the City Council. sometimes Commissioners may not agree with the overall goals in a particular area creating an interesting tension in how Commissioners perform their duties. Commissioners are present to exercise independent judgment and at the same time understand that the Council, as the elected body, ultimately sets the goals and determines the direction of the Commissions. Therefore, it would not be appropriate for the Commission to go in a direction that is in conflict with the Council. At the same time, within the general framework of direction, there is room to exercise discretion and judgment. It is important for Commissioners to exercise independence as long as they understand it is in the general framework of the overall goals of the City as exemplified in the City's General Plan and other organizational documents of the City. It is of value and importance for City Council to have appointees - citizens, helping them to govern, to outreach to the community, to be the voice of the community to provide the City Council with feedback and input about what the community is thinking and what it wants. At the same time, Commissioners are City officials, and therefore, have a duty to carry out the laws and to do what is in the best interest of the City in its entirety. Sometimes those roles present a conflict. Commissions may be approached by a large group of residents from a certain neighborhood that wants something in particular. As a resident and as a neighbor, Commissioners may feel it is their job to agree with the group. However, the Commissioners may recognize what the residents are seeking is not appropriate and it may also be inconsistent with the City s goals, zoning ordinances, General Plan and laws that specifically prevent such a request. And, the City may not have sufficient funds in the budget to comply with the request. In this instance, Commissions are not supposed to be the liaison and pass along the request, Commissioners should say _ that they have a duty as a City official to do the right and correct thing and to do what is in the best interest of the City. APRIL 7, 2004 PAGE 3 SPECIAL JOINT COMMISSIONS MEETING CA/Jenkins understood that although it was part of their jobs, it was difficult for Commissioners to go against a group of angry and frustrated neighbors and take on the job of educating them that their request was not the right thing for the City. The Commissioner's job was not just about the prestige, it was also about making difficult decisions, taking the heat and sometimes making neighbors angry. In short, it was a fine balance between the two and if Commissioners had difficulty reconciling conflicting issues they should talk with staff. He explained that it was especially important for public officials to "take care" when putting forth utterances during public meetings. CA/Jenkins explained that the City Council keeps in touch with Commissions in a number of ways such as one-on-one communication as well as joint study sessions. An indirect method of communicating with the Council is through a Commission action. If the action or recommendation is appealed to the Council, Council accepts or rejects the action or recommendation. If the Commission feels that the Council constantly rejects or reverses its decisions, it would be advisable to speak directly with the Council, have a joint study session or speak with the appropriate staff person about the matter. There are a variety of reasons the Council may take actions different from those recommended by Commissions. Commissioners should do the best job possible in making their recommendations and let Council take it from that point and try not to take the Council's decision as a personal affront. CA/Jenkins responded to C/McManus that Commissions are like the lower court and the City Council is like the Supreme Court. It is not the Commissions job to argue its position in front of the City Council. Once the Commission makes its decision and forwards its recommendation to City Council its job is finished. When Council rejects a Commissions unanimous decision it would behoove the Commission to know the reason. It is important to understand the Council's decision to determine whether the Commission erred in its deliberations. In such cases it would be appropriate to discuss the matter with your Council Member or with staff who was present during Council's deliberations. If the issue was extreme or serious issues were raised it would be advisable to ask for a joint study session. CA/Jenkins said he works with a large number of staff members throughout several cities and has gained a good appreciation for how they work and for their quality of work. Diamond Bar has great staff that does a good job and has a lot of knowledge. Staff is a resource to Commissions APRIL 7, 2004 PAGE 4 SPECIAL JOINT COMMISSIONS MEETING and Commissioners. Staff members in some communities try to influence their commissions. Staff members know the issues and also know that in the end, they do not make the final decisions and respect that fact that Commissions and ultimately Councils make the final decisions. Sometimes staff does not agree with Commission decisions. CM/Lowry explained that no matter the recommendation, the majority Council rules and drives policy. CA./Jenkins said that if staff brings a recommendation for approval and the Commission denies the project it may go to the Council on appeal. In that instance, staff has an obligation to represent the Commission's decision and at the same time make a different recommendation. In fact, staff has a right to make the same .recommendation to Council that the Commission initially rejected. This often presents a difficult dynamic. However, staff and Commissions have different jobs and play different roles. The best that all parties can do is to understand their boundaries and individual - - roles and do the best job possible under those conditions. CA/Jenkins responded to C/McManus that when Commissions take actions contrary to staff's recommendation and it goes to the Council, staff has two responsibilities - one to explain the Commission's decision and the other to continue to make its recommendation even if it is different or contrary to the Commission's action. At the same time, staff has an obligation to present the Commission's decision fairly. CA/Jenkins summarized that each Commission had very subject -matter jurisdiction and Commissioners should avoid the temptation to deviate from that subject -matter jurisdiction. CSD/Rose asked CA/Jenkins to explain where "policy" could be found. CA/Jenkins responded that the Municipal Code sets forth all of the laws of the City, the "law of the land" for the City. The General Plan sets forth the City's long-term planning and land use goals and policies. From time to time, Resolutions that set forth policies are adopted by the City Council. Council approved programs are budgeted on the basis of specific direction. The City also has administrative type regulations and policies such as the "speed hump" policy adopted by the City Council. There is no. book of all of those administrative regulations. APRIL 7, 2004 PAGE 5 SPECIAL JOINT COMMISSIONS MEETING DCM/DeStefano explained that administrative type policies and regulations could also be found in the budget and the Council's Goals and Objectives. The Council's Goals and Objectives is a dynamic policy that is subject to change from year to year. However, this document is a basic guide to the City Manager and her staff as to what the Council expects to have accomplished during a 12 -month period. The budget outlines anticipated expenditures for implementation of those policies such as ongoing park maintenance and programs for new development. CSD/Rose asked CA/Jenkins how far Commissions could stray from written policy in making reasonable recommendations to the Council. CA/Jenkins said his views sometimes conflicted with staff's views. In his view, if the Commission was straying from the Council's policy staff could articulate the Council's position. If the Commission understood and acknowledged Council's position, and still wanted to talk about doing something contrary to written policy, how far could they stray? Staff's job was to communicate a certain expertise and the Commission could accept or reject staff's advice. As an analogy, in his profession laws get changed because lower courts deviate from what they believe to be the law and because Supreme Courts change over time laws get changed. If the Commission really wants to recommend something that is different from the City's establish policy and staff has articulated what the policy is and the reasons for it and they recommend to the contrary, he views it as something that is within the boundaries of the Commission as long as the body understands what happens beyond their point of recommendation. CM/Lowry used as an example, that CSD/Rose would do everything within his power to capture as much of the budget as possible for his projects. Likewise, other staff members and Commissioners would push for their projects to be funded. Ultimately, all projects tall under the umbrella of the City Council that sets the budget for all projects and by necessity, input from all three Commissions are considered for the overall and ultimate benefit of the entire City. CA/Jenkins told C/McManus that if anyone wished to propose an idea for a project that the possibility could be shared with staff who could then explore the possibility with the City Council and report back to the Commission or Commissioner(s). C/Low asked about Commissioners appearing before the Council to express their opinions as residents of Diamond Bar and not as APRIL 7, 2004 PAGE 6 SPECIAL JOINT COMMISSIONS MEETING Commissioners. CA/Jenkins responded to C/Lowe that in his opinion when individuals are appointed to Commissions there are advantages and disadvantages. He felt that a disadvantage was the ability to remove oneself from an issue at a moment's notice and in point of fact, whether anyone would believe that an individual could remove herself from her responsibilities as a Commissioner and speak only as a concerned citizen. Although he routinely sees Commissioners appear before Councils speaking as residents, he feels that the majority position would best be expressed on the record in the minutes of the meeting. Sometimes a Corm-nission feels strongly about being represented and appoints a representative to voice its views to the Council, a more acceptable practice in his opinion. C/Lyons asked if she as a Parks and Recreation Commissioner could express her opinion as a private citizen about a Planning Commission project. CA/Jenkins responded that it would be appropriate because in that case she would not be speaking on something outside the purview of her Commission. Chair/Nolan felt it was important for an individual Commissioner to articulate on the record the reason for his disagreement with a decision so that Council could read the minutes and understand the reason for the Commissioner's opposition. CA/Jenkins said he completely agreed with Chair/Nolan's observation. Chair/Grundy asked at what point a Commissioner should assume too much investment when.a resident came before his Commission to express views about an organization on which the Commissioner serves. CA/Jenkins said he would address the issue during the Conflict of Interest presentation. 2. The Brown Act CA/Jenkins spoke about the laws and rules that govern Commissioners and legislative bodies in general. First, as earlier mentioned, Diamond Bar has its Municipal Code, The Municipal Code sets forth all of the ordinances (laws) of the City of Diamond Bar in the Municipal Code there are chapters that govern the Commissions. These chapters define the _ Commission and its jurisdiction, its purpose, how its members are appointed and what the Commission and Commissioner's duties are. Commissioners should read and re -read the document. Each Commission has a handbook that contains interesting and informative APRIL 7, 2004 PAGE 7 SPECIAL JOINT COMMISSIONS MEETING material that should be read and studied by Commissioners. The handbook contains information about conducting meetings and why items appear on the agenda and the reason for those items. During the next six months staff will be looking to update the handbooks to make sure they are current. The handbook is the Commissioner's bible. CA/Jenkins stated that the Brown Act is the State of California's open meeting law. It is important to understand the Brown Act because Commissioners are governed by the Brown Act and must comport themselves in compliance with the Act. The most important rule of the Brown Act is very straightforward. He referred Commissioners to Open and Public Ill, an easy resource to the Brown Act. The basic rule of the Brown Act is that meetings have to be open to the public. When a quorum of a Commission is gathered to discuss, listen, hear and have anything to do with the business of its body, the Brown Act says that the Commission must be in a properly noticed and posted meeting. In general, Commissions have a regular meeting date and time (once or twice a month) and agendas must be posted 72 -hours in advance of the meeting. Staff develops and posts meetings. If there are no posted agenda 72 - hours in advance of the scheduled meeting, there is no meeting. Commissions cannot discuss and certainly cannot take action on anything that is not posted on the agenda subject to a couple of exceptions. The best Commissions can do is request that an item be placed on a future agenda. The exceptions are if something has come to the attention of the City after the posting of the agenda and there is a need for immediate action, bodies can, by a two-thirds vote, add it to the agenda. Once the item is added it can be treated like any other adgendized matter of business. However, the likelihood of that needing to occur should be extremely remote. The exception to placing a matter on the agenda is, for instance, a brief response to a public comment, a brief comment during Commissioner comments or a request to add an item to a future agenda. CA/Jenkins stated that another important aspect of the Brown Act is what Commissioners are allowed to do outside of regular meetings. "Serial" meetings are not allowed. A serial meeting is a meeting during which three members of a Commission communicate about an item of business in person, through intermediaries, by facsimile or email or any other method. He cited examples of a serial meeting. CA/Jenkins responded to Chair/Grundy that a member who plans to be absent from a meeting and wants an agenda matter continued in order to be a part of the discussion and decision can call the staff person to advise APRIL 7, 2004 PAGE 8 SPECIAL JOINT COMMISSIONS MEETING that he will be out of town and request that the rest of the Commission grant him the courtesy to continue the item until the next meeting when he is present. Or, if the Commission is unwilling to continue the item and the absent Commissioner cannot vote in absentia, he could convey to the body that he was opposed to the item. Likewise, a body could decide during deliberations that it wanted to continue an item until all members were present even though a quorum was present. Sometimes items are time -sensitive and cannot be continued. Gatherings that are not raiectiangse CA/Jenkins said there are occasions when Commissioners may be at gatherings that the Brown Act recognizes as non- meeting occasions and on those occasions, Commissioners do not have to be concerned about being in violation of the Brown Act. For example, when Commissioners attend conferences. However, being at a conference does not mean that Commissioners can gather as a body and talk about the business of Its — commission and use the gathering as an excuse to evade the Act. It is probably unwise for three or more Commissioners to travel together to a conference or meeting because it creates an appearance contrary to the Act. CA/Jenkins stated that the Brown Act says that if you , get a written communication from a third party and that written communication is addressed to a quorum of your body or copied to a quorum of your body so that three, four or five of you are getting the same written material about a subject matter jurisdiction, that is a public record. You should insure that your staff has received a copy of that written correspondence if the communication does not indicate that staff has been copied. CA/Jenkins stated that another topic typically discussed under the Brown Act is "Closed Session. That topic will not be discussed tonight because the Commissions do not usually engage in matters that require Closed Sessions. A Closed Session is a situation where Commissions can legitimately meet behind closed doors outside of the public purview, a situation often practiced by the City Council to discuss such things as litigation, possible acquisition of real property, or negotiations with an employee, matters requiring some degree of confidentiality. DCMIDeStefano asked for comment on Commissioners becoming willing or unwilling participants in a serial meeting that is created by an advocate SPEC AL JOINT APRIL 7, 2004 RAGE 9 COMMISSIONS MEETING for position such as, a neighborhood representative who advocates for a stop sign or gazebo, and a developer who advocates for a project. CA/Jenkins responded that there are no rules that prohibit those types of contacts. Some cities have rules that indicate no ex -parte contacts with anybody interested in the matter. Sometimes that rule is helpful because Commissioners can merely indicate that they cannot help the individual. I cannot talk to you because "I risk losing my job" becomes an easy way to avoid such contacts. In this City, Commissioners are not prevented from having that conversation and not prevented from taking a field trip. However, when the time comes for Public Hearing, Commissioners should report any ex -parte contacts and site field trips that have taken place. From a Brown Act standpoint, the important thing is to avoid telling anyone your opinions of how you intend to vote. Advocates take such information and attempt to use it to their advantage by communicating what other members of the Commission think. Any such conversation should be preceded with a statement such as "I'm happy to talk to you about this item but I want you to understand that I'll listen to what you have to say but I'm under strict instructions from the City Attorney not to make a commitment, not to tell you how I intend to vote or to tell you what I'm thinking. I can't do that without risking a violation to the Brown Act. What I can do and what I will do is, I will listen to your opinion and I will take it into consideration and think about it and obviously it will be a factor in how I ultimately vote on this matter." CA/Jenkins responded to Commissioner Liang that it is preferable practice to avoid potential due -process problems in a general manner by reporting ex -parte meetings to the Commission when the Public Hearing is opened. Information material a Commissioner intends to rely upon for his or her vote should definitely be reported. For instance, if a Commissioner stated that last weekend he drove by the site it would be a fairly inconsequential statement. However, if a Commissioner said "last weekend I drove by the site and I noticed that it's really steep. I'm really concerned about how steep it is." This statement allows the developer to comment on a Commissioner's concern. If the developer is unaware of the concern, they may not address it in their comments. Ultimately, such items that are not addressed during the Public Hearing that are later revealed after the Public Hearing process and result in an unfavorable vote could be used in litigation. Some public agencies formally include an ex -parte agenda item prior to Public Hearings, some do it informally, and other public agencies do nothing. He felt it was a good idea but that it was a matter of choice. AL JOINT APRIL 7, 2004 PAGE 10 COMMIISSIONS MEETING PWD/Liu pointed out that staff often goes out into the community for public informational meetings and it is not unusual for a majority of the commissioners to be present at such events. How should the public be notified about the presence of commissioners? CA/Jenkins responded that if the City organized the meeting there could not be a majority attendance unless it was noticed as a Commission Meeting. If it was a neighborhood meeting organized by a neighborhood group - a °majority = could be present as long as they did not make commitments or present themselves as a body. CNirginkar asked if discussing agenda items with Council Members at City functions was subject to the Brown Act. CA/Jenkins responded "no. There is case history that states that a committee consisting of two council members and two planning commissioners that is put together to work on an item is clearly a Brown — Act body. If two Council Members happened to enter into discussion with two Commissioners it would not constitute a Brown Act violation. CA/Jenkins offered that another way to handle site visits was to conduct them as field trips. The disadvantage was that it took extra time and created delays in handling projects. Some cities conduct field trips during every public hearing. On the other hand, the advantage of scheduled site visits is that all commissioners are present and can ask questions in real time. C/McManus asked who organized the field trip and CA/Jenkins responded, "the City," In small cities it was not difficult and it was an option for avoiding individual site visits. 3. Conflict of Interest CA/Jenkins stated that most conflict of interest is related to financial conflicts. California Conflict of Interest law is a state law contained in the Political Reform Act of 1974 and it is very complicated law. It would take hours and a great deal of expertise to explain the Conflict of Interest law. In short, these are the key issues that commissioners should be aware of in order to know when a problem might arise. If any commissioner believes he/she could have a potential problem, they should seek advice. He referred the Commissioners to the pocket guide entitled Pocket Guide APRIL 7, 2004 PAGE 11 SPECIAL JOINT COMMISSIONS MEETING to Conflict of Interest taws "Can I vote" distributed by the California Fair Political Practice Commission and is probably available on their website. CA/Jenkins stated that this means that commissioners cannot participate in a matter in which they have a financial conflict of interest if the decision before them would have a material financial effect on one of their financial interests - home, business property, investment property or a source of gifts. On the other hand, if a commissioner's lawyer comes in front of the planning commission for a CUP and the lawyer is a source of income, could be a conflict of interest — not because he's a source of income but because there is a relationship that may cause that commissioner to not be able to be impartial. Commissioners need to be cognizant that when an item comes before the commission, commissioners need to run those financial interests through their minds to determine potential conflict of p interest. if a project is within 500 feet of a Commissioner's real prope that commissioner is deemed to have a conflict of interest unless the commissioner can demonstrate that the project will have absolutely no effect on the value of his property. This applies to the location of a stop sign, ball field and approval of a CUP for a new project. If a commissioner believes a project would affect his business, the commissioner needs to consult CA/Jenkins to determine whether it would be a material effect. In such an event, CA/Jenkins would need to know the gross income of the commissioner's business and what kind of financial effect the project would have on the business, pro or con. With respect to "investment" suppose a commissioner held a thousand shares of AT&T and Verizon wants an antenna from the commission. Would that affect AT&T wireless or would that affect AT&T wireless enough that the commissioner should abstain? CA/Jenkins needs to know how much stock the commissioner owns. Armed with background on AT&T he consults materiality standards and they tell him whether the company in which the commissioner is traded on the stock exchange then the decision the commission is making would have to have affect equal to or greater than X dollars. If, on the other hand the commissioner's investment is in a much smaller company then the number for materiality is much lower -- as little as $10,000 for instance. If someone comes before the commission and they are a source of income to the commissioner and the commissioner's spouse and it exceeds the materiality standard the commissioner cannot participate if that person appearing before you is a source of income to you if the decision will have a material financial affect on them. CA/Jenkins encouraged the commissioners to list their properties, sources of income, investments, and sources of gifts. When reviewing a meeting APRIL 7, 2004 PAGE 12 SPECIAL JOINT COMMISSIONS MEETING agenda a commissioner could determine whether any of his financial interests were potentially implicated. In particular was the matter of a Public Hearing within 500 feet of property owned by the commissioner. If the Commissioner thinks it could be implicated, that is the moment when the commissioner should seek advice. With respect to gifts, it is illegal to accept a gift worth more than $340 from any one individual in any 12 - month period. He cautioned commissioners to be aware of potential conflicts and ask for advice if there was any question. If it was determined that a commissioner had a conflict of interest under the Political Reform Act he could not participate in any aspect of the project. In other words, the commissioner could not ask any questions of staff, could not do anything behind the scenes, and must, when the item appears on the meeting agenda, announce that he had a financial conflict of interest on this matter because, for example, he lived within 500' of the project, recuse himself and leave the room, and not return to the room. until the item was completely finished. CA/Jenkins stated that there are complicated rules that apply only to appointed officials that deal with soliciting or accepting campaign contributions. If commissioners accept or solicit campaign contributions he is, unlike elected officials, precluded from voting from matters involving people who made those campaign contributions within the immediately preceding 12 months. If commissioners are in a position of soliciting campaign contributions for themselves as a candidate or for someone else as a candidate, please call CA/Jenkins to discuss the matter. CA/Jenkins responded to C/Chang that this applies to soliciting contributions from others for individuals running for assembly outside of the city, for instance. NON-FINANCIAL CONFLICTS OF INTEREST CA/Jenkins stated that in a non-financial issue, Commissioners were expected to render impartial decisions. People who come before the body expect commissioners to be open-minded, impartial and fair, just as they would expect of any judge. Even non-financial matters can affect a decision -maker's impartiality. Those non-financial matters arise if, for instance, the Commissioner's best friend is the architect on the project or if the applicant is known through community activities or as a family member. The key consideration is, if there is something going on that is unrelated to the merits of what is before the body for consideration that would effect how the commissioner would decide to vote? if there is APRIL 7, 2004 PAGE 13 SPECIAL JOINT COMMISSIONS MEETING something unrelated to the merits, because of the relationship or because there is something there, the commissioner would most likely be biased and should probably not participate in the matter. Again, commissioners should be deciding how to vote based on the merits of the matter before the body (commission). This does not include "strongly held views." A person who believes in slow growth, for instance, can be a commissioner. Holding a philosophy or political view is not a conflict of interest. Basing a decision on the fact that a relationship could be affected in some way could be a conflict of interest. Chair/Grundy asked if it would be a conflict to have a member of a sports organization come before the Parks and Recreation Commission asking for use of a facility that would reduce the amount they would have to pay elsewhere, ultimately benefiting him and • ail other members of the organization. CA/Jenkins said he would want an opportunity to think about Chair/Grundy's scenario. Chair/Grundy asked how a recusal would affect the quorum requirement. CA/Jenkins responded that the rule is that if the body cannot muster a quorum for reasons including absenteeism, the matter must be continued to a later date when a quorum is present. if all five commissioners are present and three commissioners have conflicts those three randomly select one commissioner to participate. 6. Conducting Meetings. CA/Jenkins emphasized the importance of fairness — being fair and the appearance of fairness is very important to what government does. More important than anything is that people, when they have contact with the government, may not like the answer and outcome, but if they feel that the process has been fair and that they have been heard and given a meaningful opportunity to participate, would leave unhappy but could not say that the body had been arbitrary or unfair or that the commissioners were not listening. The duty of a commissioner is to listen to the individual, show them that you are listening and that you are prepared to hear what they have to say. However, individuals do not have a First Amendment right to expect to say whatever they want and for however long they want to say it. They do have a right to speak about what is relevant within an allocated time period. APRIL 7, 2004 PAGE 14 SPECIAL JOINT -- COMMISSIONS MEETING CA/Jenkins responded to CNirginkar that he is a great believer in making the boundaries in Commission meetings very clear. Some cities do not and some bodies do not. And sometimes, the atmosphere is not conducive to clear-cut boundaries. For instance, in small rooms individuals tend to more readily interject themselves back into the conversation. Sometimes the Chair indulges that behavior. Generally, however, he felt it was important to maintain boundaries and not get into a precedent setting mode where the boundaries are let down and then during subsequent meetings, people,expect the same indulgence. When members of the public are allowed to Speak, their time should be uninterrupted without response from conlnllssloners. Likewise, during commissioner comments there should be no interruption from members of the public. He stated that he did not believe in crossing the boundaries and public speakers should not be engaged during their time unless commissioners have factual questions. There should be no debate and answers should not be given during public comments. Wait until all public speakers have had their time and then address each question. At that _ point, the Chair should indicate that public comments were closed and the Commissioners would commence with their deliberations. If, at that point someone raises his hand for permission to speak the Chair should state, "I'm sorry. The public portion is closed, you've had your turn, and now it is our turn. And now we're going to debate and deliberate and make our decision." C/Virginkar asked what should be done if questions arise during commissioner deliberation and a speaker needs to be addressed? CA/Jenkins said that such circumstances could occur and that is why he encourages bodies not to close the Public Hearing until action has been taken. Only the public portion of the hearing is closed. At that point, if the commissioners have a specific factual question, it could be asked. He very strongly discouraged commissioners from using that as an opportunity to give an audience member a platform who feels they have not had sufficient time to say what they want to say because everyone in the audience could then feel cheated. If you say, "I'm not clear about this aspect of the project, can the project architect please come up. We want to ask a specific factual question." CA/Jenkins cautioned chairpersons against using officious terminology, — avoiding using the gavel, avoiding telling people they are out of order, and encouraged them to treat people in a civil and respectful manner. At the same time, a chairman should be firm in their deliverance and uniformly PAGE 15 SPECIAL JOINT APRIL 7, 2004 COMMISSIONS MEETING enforce time limits. If time limits are not enforced, the result is accusations of selectivity. When the time period ends, thank the person for his comments and tell him that you are sorry his time is up and move on to the next speaker. If the person insists on continuing to speak, explain the rules that this is a business meeting and public speakers are allocated three minutes and ask them to be seated. If the Chair decides to expand speaker time he should obtain concurrence from the remaining commissioners by explaining the reason. The exception would be if a person truly had a need for more time because the speaker was the applicant and was explaining a very complicated project. The reason for allowing such a circumstance would be explained up front by the Chair. Again, the key is to be reasonable and fair. CA/Jenkins stressed the importance of engaging in active listening. Look at the person and show that you are listening to their comments. Take notes or engage in some activity to indicate that you are paying attention. When commissioners are talking among themselves they should try to avoid being repetitious. It is one thing to attempt to sway colleagues to your point of view, but at some point, enough is enough. CA/Jenkins said he believed that it was very important for Commissioners to show respect and to expect respect in return. DCM/DeStefano asked that during public comments, can six speakers give their five -minutes time period to one spokesperson. Does that spokesperson get 30 minutes to speak? CA/Jenkins responded that every city has its rules on ceding time. There is no law and no governing law on the subject and each city may have its own rule on the subject. His feeling was that ceding time was generally a bad idea. The rule should be that if someone wished to speak he was allowed his five minutes. If someone else wants to speak they get their five minutes and that there would be no accumulation of ceded time. However, there are circumstances where a spokesperson would be selected and if others agreed not to talk, the spokesperson would be granted extra time — not five minutes times all of the individuals. Suppose there were 25 individuals from one neighborhood present to say the same thing. In this instance, you cut a deal whereby the Chair gives the spokesperson 15 minutes, for instance and gives one additional person five minutes to speak by asking the remaining individuals to show by raising their hands that they will abide by that view and the record so reflect. Giving a group a meaningful block of 20 minutes instead of 25 x 5 APRIL 7, 2004 PAGE 16 SPECIAL JOINT COMMISSIONS MEETING minutes is a fair exchange. In short, cities would be well -served to adopt a rule/policy that did not allow ceding. CM/Lowry specifically encouraged incoming Commissioners to exercise their right to make informed decisions. If a commissioner believed he had not received a staff report that included information deemed necessary to make that informed decision, he must ask staff to provide the necessary information and staff is prepared to provide the necessary information. However; it is sometimes easy to forget that new Commissioners lack the foundation of knowiedge. Commissioners are WO percent entitled to be informed and educated aboutt their• tasks and. should never feel rushed or pushed into making a decision without the material background information necessary to render an informed and competent decision. CA/Jenkins explained that individuals want to feel that they have been dealt with in a fair and competent manner and staff is the Commissioner's first line of defense. Commissioners are completely entitled to staff's _ competency when rendering decisions. IV. ADDITIONAL QUESTIONS/COMMENTS: DCM/De$tefano said he appreciated this first time opportunity to bring all of the Commissioners together under this venue. He felt it was extremely valuable to have CA/Jenkins share his skills and expertise with the Commissioners and staff and he hoped such informative gatherings would become a regular occurrence. CA/Jenkins encouraged Commissioners to write down their questions and pass them along to him or to staff so that those questions, comments or subjects could be addressed in future meetings. ADJOURNMENT: There being no further business to conduct, Chairman Nolan, Planning Commission, Chairman Grundy, Parks and Recreation Commission and Chairman Liana Pincher, Traffic and Transportation Commission adjourned the meeting at 8:45 p.m. Respectfully, fT n 5/U Jatngs DeStefan , Deputy City Manager INTEROFFICE MEMORANDUM DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, AICP, Interim Community Developme Dir for DATE: November 3, 2005 SUBJECT: Country Hills Town Center As you are aware, Country Hills Towne Center project was continued from October 25th to the November 8th meeting. The October 225th report and resolutions have been updated to include a summary of the last public hearing and changes to the conditions of approval that staff and applicant has refined together. To address the concerns raised at the last public hearing, the applicant has agreed to provide additional landscaping to the rear of the property, provide new roof screen wall for screening the existing and new roof equipment, and provide additional pedestrian connections. In the attached resolution for CUP 2004-01, the bolded indicates the changes or additions to the conditions of approval and the strike out indicated elimination of the conditions. Please bring with you the development plans (Exhibit "A") and the environmental document for the proposed mitigated negative declaration to the study session and the public hearing. If you have any questions about the project, please feel free to call me at any time at (909)-839-7081. Attachment DIANOWSARA PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR- 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER S • 1 MEETING DATE: November 8, 2005 REPORTDATE: October 26, 2005 CASE/FILE NUMBER: Zone Change No. 2005-01 ZONECIIANGEARP Commercial and Industrial Zones City Wide APPLICATION REQUEST: Consideration of Commercial and Industrial zone changes in order to comply with the General Plan. APPLICANT: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 STAFFRECOMMI'.NDATION: Recommend approval to City Council of Zone Change 2005-01. BACKGROUND: Currently staff uses the Los Angeles County zoning designations along with the Development Code Zoning Consistency Matrix Table 2-2, as shown in Attachment "4." Staff found this system to be antiquated; and some of the properties still under Los Angeles County zoning classification and in conflict with the current general plan. Also, staff has examined commercially zoned properties and found some of them needed zoning classification updates to meet the economic goals of the General Plan. Government Code Section 65860 requires that the City zoning be consistent with the General Plan. Therefore, staff will be bringing a series of proposed zone changes to the Planning Commission at study sessions and public .hearings in order to comply with this Government Code section. On June 14, 2005, the Planning Commission had its first study session on the first series of proposed zone changes. At that time, the Planning Commission directed staff to prepare for a public hearing to consider Zone. Change No. 2005-01 for General Plan compliance. ANALYSIS: A. Zone Change Review Authority: Pursuant to Development Code Section 22.70, it is required that public hearing be set before the Planning Commission and the City Council for proposed zone changes. The Planning Commission is charged with making a written recommendation to the City Council as to whether or not the proposed zone change should be approved. Upon receipt of the Planning Commission's recommendation, the City Council shall approve, approve in modified form or disapprove the zone change. The effect of a zone change is rezoning property from one zoning district to another. B. Specific Zone Changes: The first series of zone changes involve properties that have General Plan land use designations as follows: • General Commercial (C) • Private Recreation (PR) • Commercial Office (CO) • Medium High Density Residential (RMH max.16 du/acre) • Office Professional (OP) • Industrial (I) The current zoning for these properties are as follows: • Neighborhood Commercial (C-1) • Commercial -M anufacturing (C -M), • Manufacturing/Planned Development (MPD) • Residential ZC 2005-01 Page 2 The proposed zoning districts for these properties will be consistent with the General Plan land use designation. Attached is Zone Change No....2005-01 Matrix/Commercial/Industrial (Without General Plan Amendment) dated November 8, 2005 that identifies each property by Property ID Number which is referenced on the General Plan Land Use Map, Assessor Parcel Number (APN) and a brief description of the property location. Also attached are aerials with Property ID Numbers that correspond to the matrix. The matrix also provides the General Plan land use designation, existing zoning proposed zoning and reason for the zone change. The zone change analysis/discussion will center on the referenced matrix and aerials that show the location of affected properties. Additionally, the Planning Commission reviewed the same matrix and aerials at their June 14, 2005 study session. I R1' • i 1 Pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15162 and 15168 (c)(2), the City has determined that proposed Zone Change No. 2005- 01 is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified on July 25, 1995. Therefore, further environmental review is not required for the proposed zone changes. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on October 28, 2005. Pursuant to Planning and Zoning Law Government Code Section 65091 (a) (3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1000, a local agency may provide notice by placing a display advertisement 1/8 page in one newspaper of general circulation. The City placed a 1/8 page display in the above-mentioned newspapers of general circulation. On October 25, 2005, public hearing notices were mailed to approximately 123 property owners that own commercial or industrial zoned property to notify them of the proposed zone change. Furthermore, a public hearing notice was posted at Diamond Bar City Hall, Diamond Bar Library, Country Hills Town Center Community Board, Heritage Park and Community Board at 1180 Diamond Bar Boulevard (Ralph's shopping center) on October 25, 2005. RECOMMENDATION: Staff recommends that the Planning Commission adopt a resolution recommending approval to the City Council of Zone Change No. 2005-01 which will modify the zoning as delineated in Exhibit "A" attached to the resolution. ZC 2005-01 Page 3 Prepared by: An J. Lung Alateanner Attachments: 1. Draft Resolution with attached Exhibit "A"; 2. Planning Commission Study Session Minutes dated June 14, 2005; 3. General Plan Land Use Map and land use description; 4. Zoning Consistency Matrix, Table 2-2; 5. Zone Change Matrix/Commercial/Industrial (Without General Plan Amendment) dated November 8, 2005; 6. APN Map with corresponding aerial; and 7. Commercial and Industrial zoning district descriptions and permitted uses. ZC 2005-01 Page 4 4,0* PLANNING COMMISSION RESOLUTION NO. 2005 -XX A RESOLUTION OF THE. PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT CITY COUNCIL APPROVE ZONE CHANGE NO. 2005-01 WHICH CHANGES THE EXISTING ZONING OF COMMERCIAL AND INDUSTRIAL PROPERTIES CITY WIDE IN ORDER TO COMPLY WITH THE GENERAL PLAN LAND USE DESIGNATION. A. RECITALS. 1. The City of Diamond Bar has initiated an application for Zone Change No. 2005-01 for existing commercial and industrial zoned properties located throughout the City of Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application". 2. Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on October 28, 2005. Pursuant to Planning and Zoning Law, Government Code Section 65091 (a) (3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1000, a local agency may provide notice by placing a display advertisement 1/8 page in one newspaper of general circulation. The total number of properties owners within a 700 foot radius of the properties affected by the proposed zone change is much greater than 1000. Therefore, the City placed a 1/8 page display in the above-mentioned newspapers of general circulation. The City went beyond the required notification and on October 25, 2005, public hearing notices were mailed to approximately 123 property owners of commercial or industrial zoned property affected by the proposed zone change. Furthermore, a public hearing notice was posted at Diamond Bar City Hall, Diamond Bar Library, Country Hills Towne Center Community Board, Heritage Park and Community Board at 1180 Diamond Bar Boulevard (Ralph's shopping center) on October 25, 2005. 3. On November 8, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 4. On November 8, 2005, the Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberation, has determined that Zone Change No. 2005-01 attached hereto as Exhibit "A" implements the General Plan and the City's economic goals and polices. The Planning Commission at that time concluded the public hearing. B. Resolution. _ NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that Zone Change No. 2005-01 is consistent with the General Plan in that it implements the General Plan land use designation for commercial and industrial properties in the City. 3. The Planning Commission hereby finds that the project identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15162 and 15168 (c)(2), the City has determined that proposed Zone Change No. 2005-01 is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified on July 25, 1995. Therefore, further environmental review is not required for reasons set forth in the staff report under Environmental Assessment. 4. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed Zone Change set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 5. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds and recommends as follows: (a) The City Council adopt Zone Change No. 2002-01 attached hereto as delineated in Exhibit "A" and the City's Zoning Map and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADOPTED THIS 8TH OF NOVEMBER 2005, .BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. CA Joe McManus, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of November 2005, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Nancy Fong, Secretary APN # GENERAL LOCATION RECOMMENDED ZONE 8703-001-061 (Weinerschnitzel) Sunset Blvd./Diamond Bar Blvd. C-2 (Community Commercial) 8703-001-062 (vacant lot) 8281-024-052 (Chevron Station) Diamond Bar Blvd./ C-3 Palomino Dr. kr<egional.,ornmercial) 8281-010-049 Diamond Bar Blvd. C-3 8281-010-050 between Palomino Dr. 8281-010-051 and Golden Springs Dr. 8281-010-057 (Von's/SavOn/Mobil/bank 8281-010-058 8281-010-054 8293-044-015 (office bldg.) 8293-044-016 (parking lot) Montefino Ave. / Diamond Bar Blvd. CO (Commercial Office) 8285-020-045, 8285-020-900 Diamond Bar/ Cold C-2 8285-020-046, 8285-020-047 Springs/ Fountain 8285-020-044, 8285-020-043 Springs (Country Hills 8285-020-042, 8285-020-041 Towne Center) 8285-020-040, 8285-020-036 8285-020-037, 8285-020-039 8285-020-034, 8285-020-033 8285-020-032, 8285-020-007 8285-020-006, 8285-020-052 8285-020-031, 8285-020-051 8285-020-050, 8285-020-049 8285-020-048, 8285-020-005 8285-020-035 8285-020-004 (office building) Diamond Bar Blvd./ OF Fountain Springs Rd. APN # GENERAL LOCATION RECOMMENDED ZONE 8285-028-034 (EV Free Church) Brea Canyon Rd./ C-1 Diamond Bar Blvd. (Neighborhood Commercial) 8714-015-001 Adjacent Flood Channel C-1 and Site "D" 8293-002-009 (office building) Grand Ave. between OP 8293-002-010 (parking lot) Montefino Ave. and 8293-002-011 (office building) Diamond Bar Blvd. 8717-025-054 (office bldg) Golden Springs Dr. l OP 8717-025-055 (office bldg. parking Grand Ave. OP lot) 8717-025-007 (parking lot) CO 8717-025-008 (offices, restaurant) CO 8763-001-038 Golden Springs Dr./Via CO 8763-001-033 Sorella St. (Walnut Pool, 8763-001-034 CalTrans yard) 8763-001-035 8763-004-002 Brea Canyon Rd./Via CO 8763-004-003 Sorella St. (two churches, 8763-004-008 architect's office, repair 8763-004-010 shop) 8763-004-011 8763-007-001, 8763-007-003 Golden Springs Dr. C-3 8763-007-004, 8763-007-008 between Lemon Ave./ 8763-007-010, 8763-007-011 Brea Canyon Rd. (Mc 8763-007-012, 8763-007-013 Donald's/Chevron to 8763-007-022, 8763-007-025 Charlie's Sandwich Shop) 8763-007-026, 8763-007-027 8763-007-028 APN # GENERAL LOCATION RECOMMENDED ZONE 8762-034-022 Golden Springs Dr./ C-2 8762-034-012 Lemon Ave.(strip center, - - - Jubei, Korean restaurant) 8765-001-007, 8765-001-008 Pathfinder Rd./Brea OP 8765-001-009, 8765-001-010 Canyon Rd./West of 57 8765-001-011, 8765-001-012 Fwy. 8765-001-013 8285-029-001, 8285-029-002 SW Corner of Pathfinder CO 8285-029-003, 8285-029-004 Rd./Brea Canyon Rd. 8285-029-005, 8285-029-006 8293-050-900, 8293-050-002 Gateway Corp. Center OB 8293-050-003, 8293-050-005 (Office, Business Park) 8293-050-010, 8293-050-011 8293-050-012, 8293-050-013 8293-050-017, 8293-050-018 8293-050-019, 8293-050-021 8293-050-022, 8293-050-023 8293-050-031, 8293-050-032 8293-050-035, 8293-050-036 8293-050-037, 8293-050-038 8293-050-039, 8293-050-040 8293-051-001, 8293-051-002 8293-051-003, 8293-051-004 8293-051-005, 8293-051-006 8718-005-005, 8718-005-006 North of Sunset Crossing/ REC 8718-005-007, 8718-005-008 South of Happy Hallow (Recreation) 8718-005-011, Rd. (Little League Field) 8719-003-807 (union Pacific RR) 8719-010-015, 8719-010-014 Washington St./East of RMH 8719-010-013 (mobile home park) Brea Canyon Rd. (Medium/High Density Residential) APN # I GENERAL LOCATION I RECOMMENDED ZONE 8719-010-009 (warehouse) 8719-010-008 (warehouse) 8719-010-007 (house on corner) Washington St./East of Brea Canyon Rd. 8760-021-005 (Shea Center) North of Lycoming St. 8760-027-001 (Pinefalls Ave.) between Lemon Ave. and 8760-027-002, 8760-027-003 Brea Canyon Rd. 8760-027-004, 8760-027-005 8760-027-006, 8760-027-007 8760-027-008, 8760-027-009 8760-027-010, 8760-015-003, 8760-015-004 8760-027-011 (Penarth Ave.) 8760-027-012, 8760-027-013 8760-027-014, 8760-027-015 8760-027-016, 8760-027-017 8760-021-018 8760-021-001 (warehouse) I North of Lycoming St. (Light Industrial) 8760-021-002 (warehouse) between Brea 8760-021-006 (industrial) Rd. and Lemo 8760-014-012, 8760-014-013 of West of Lemon8760-014-014, 8760-014-015 Ave./North of 6 T�ve 8760-014-802 (Union Pacific RR) City 8760-015-001, 8760-015-002 8760-015-003, 8760-015-004 8760-015-005, 8760-015-006 8760-015-007, 8760-015-008 8760-015-009, 8760-015-010 8760-015-011 Yellow Brick Road Industrial Park 8760-015-013, 8760-015-014 8760-015-015, 8760-015-018 8760-015-021, 8760-015-022 8760-015-023, 8760-015-024 8760-015-025, 8760-015-026 8760-015-027, 8760-015-028 8760-015-030, 8760-015-031 8760-015-901 North of 60 Fwy./South of I 8760-015-902 Lycoming St. between 8760-015-903 Lemon Ave. and Glenwick Ave. WVUSD MINUTES OF THE CITY OF DIAMOND BAR PLANNING COMMISSION STUDY SESSION JUNE 14, 2005 CALL TO ORDER: Chairman McManus called the study session to order at 5:40 p.m. in Room CC -2 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, California 91765. 1. ROLL CALL: Present: Chairman Joe McManus; Vice Chairperson Ruth Low, and Commissioners Dan Nolan, Jack Tanaka and Steve Tye. Also present: Nancy Fong, Planning Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Senior Administrative Assistant. PM/Fong stated that staff was not seeking a decision during tonight's study session because the decision would be made during a future public hearing. The purpose of tonight's study session was to familiarize the Commissioners with the proposed changes and to seek discussion and direction from the Commission. ZONE CHANGE NO.2005-01—AssocP/Lungu presented staffs report. 1) Sunset Crossing/Diamond Bar Boulevard: (Wienerschnitzel and vacant lot) The existing zoning is CM (Commercial Manufacturing) and the General Plan is General Commercial. Staff recommended a change to C-2 for consistency and because the site is adjacent to residential use. Chair/McManus said the off -ramp has serious geotechnical problems on the corner. C/Tye asked if the City would be opening itself to uses that were not compatible uses in Diamond Bar. AssocP/Lungu referred C/Tye to the Table 2-5 & 6 of the City's Development Code for uses allowed under C-2. Chair/McManus noted that there is a center median in the area and that in the event of a commercial project a left turn pocket would need to be included. VC/Low asked if staff followed objective standards when recommending C-1, C-2 or C-3. PM/Fong said it depended on the location and whether it is next JUNE 14, 2005 Page 2 PLANNING COMMISSION STUDY SESSION to a residential area or commercial area. If the location were next to a residential area staff would be very concerned about having compatible uses and the lowest intensity of uses. If the location were next to commercial and close to a freeway it could involve higher intensity of uses. C/Nolan said that under the General Plan definition it could not be zoned C-3. AssocP/Lungu responded that the General Plan called for the location to be C — General Commercial and the Development Code definition of the zoning districts tells staff more specifically whether a C-2 or C-3 zone would 2) Diamond Bar Blvd/Palomino Dr.: (Chevron Station) General Plan is C (General Commercial), the existing zoning is C-2 and the proposed zoning is C-3 (Regional Commercial) because the site is next to two freeways and staff believes that a change from C-2 to C-3 is appropriate for the site. The proposed zoning designation will provide a broader range of uses that will foster economic development. 3) Diamond Bar Blvd between Palomino Dr and Golden Springs Dr. (Von's/Savon/Mobil Station/Bank) Staff is recommending a C-3 Regional Commercial zone for the area because the designation will provide a broader range of uses that will foster economic development. The office building designated C (General Commercial) and zoned C-2 will remain C2 because the site is adjacent to a residential use. 4) Montefino and Diamond Bar Boulevard: Office Building designated CO and zoned C-3 is proposed to change to CO for General Plan consistency. 5) Diamond Bar Blvd/Cold Springs Dr/Fountain Springs: (Country Hills Towne Center) Existing is C-1 and staff recommends C-2 to provide for possible economic development and a wider range of uses than the existing zone. Due to the size of the sight it could be considered for C-3. The Office building designated OP (Office Professional) in the General Plan has an existing zoning designation of C-1 and is proposed to be changed to OP in compliance with the General Plan. C/Tye asked why the City would not consider CO or OP? AssocP/Lungu explained that C-2 would allow some uses in the CO or OP and General Plan consistency. JUNE 14, 2005 Page 3 PLANNING COMMISSION STUDY SESSION C/Nolan asked how staff arrived at recommending C-2 instead of C-3. AssocP/Lungu said she felt the defining point was the location. C-3 may be more appropriate due to the acreage of the shopping center. However, this site is located near residential. VC/Low argued that in reality every, commercial parcel resides in close proximity to residential. AssocP/Lungu said if a commercial center backed up to a freeway staff would most likely have recommended C-3 zoning. VC/Low asked if the parcel owner realized an economic benefit based upon the zoning. PM/Fong said the owner would benefit from permitted uses if he did not have to go through a re -zoning process. C/Nolan stated it as follows: The more flexible the code the easier it will be for the property owner to rent/lease the property. 6) Brea Canyon R&Diamond Bar Blvd. (EV Free Church) is designated C in the General Plan, the existing zoning is R-1-7,500 and staff is recommending C-1 (Neighborhood Commercial) for consistency with the General Plan and because C-1 is appropriate since it is adjacent to residential. 7) Brea Canyon Rd/Diamond Bar Blvd (Adjacent Flood Channel and Site "D") The General Plan designation is C and the existing zoning is CPD. Staff recommends C-1 for consistency with the General Plan. 8) Grand Ave between Montefino Ave and Diamond Bar Blvd. Existing zoning is C-3. General Plan designation if OP. Staff recommends zoning OP. 9) Golden Springs Dr/Grand Ave (Across the street from the proposed Target store) General Plan designation is OP. Existing zoning is C-3 and proposed zoning is OP; parking lot, offices, restaurant General Plan is CO, existing zoning C-3 and proposed zoning is CO for consistency with the General Plan. 10) Golden Springs DrlVia Sorella: (Walnut Pools, CalTrans yard)— General Plan CO, zoning comprised of a variety of zones (C-2, MPD -BE C-2, and R- 1-8,000). Staff recommends CO for consistency with the General Plan 11) Brea Canyon RdlVia Sorella: (two churches, architect's office, repair shop) General Plan CO with a variety of zones (C -H -PD, C-3, R-1-8,000, CPD, R-1- 8,000) staff recommends CO for General Plan consistency. JUNE 14, 2005 Page 4 PLANNING COMMISSION STUDY SESSION 12) Golden Springs between Lemon Ave./Brea Canyon Rd.: (McDonald's/Chevron to Charlie's Sandwich Shop) — At present, a General Plan designation of C. Zone was changed to C-2 for the Banning Way Project. The remaining parcels have a variety of zones (e.g., A-1-1-15,000, C -2 -BE, C -2 -DP, CPD and C -3 -DP). Because the site is adjacent next to the freeway, staff believes that C-3 zoning designation for the entire area is more appropriate and that the zoning. designation_ will provide a broader range of uses that will foster economic development. C/Nolan asked if there were any businesses in any of the areas that would no longer be compatible with the recommended zone changes. AssocP/Lungu responded that staff tried not to create any legal non- conforming issues. 13) Golden Springs/Lemon Ave: (Jubei Japanese Cuisine, Korean Restaurant) — General Plan designation of C with a zoning designation of C-2 DP -BE. Staff recommends changing it to C-2 only which is consistent with General Plan consistency and this designation will be consistent with the City's Development Code. 14) Pathfinder Rd./Brea Canyon Rd Mest of SR57: General Plan designation is OP. Staff recommends a zone change from C-2 and CPD to OP for General Plan consistency. 15) SW Corner of Pathfinder Rd/Brea Canyon Rd: General Plan designation of CO with zoning of GPD and staff recommended that the zone be changed to OP (Office Professional) to conform to the General Plan. 16) Gateway Corp. Center. General Plan designation is OP, existing zoning is C -M and proposed zoning is OB (Office, Business Park) for General Plan Consistency and because OB is consistent with the Development Code designation for large scale headquarters -type office facilities and business park development. 17) North of Sunset Crossing/South ofHappy Hollow Rd) : (Little League ball fields, YMCA) — General Plan designation is PR (Private Recreation), existing zoning is MPD -BE and for the Union Pacific RR the current zoning is M 1.5 & A-1-1. Staff recommended REC (Recreation) for consistency with the General Plan and the Development Code zoning designation for PR. JUNE 14, 2005 Page 5 PLANNING COMMISSION STUDY SESSION C/Tye pointed out that it appeared the map showed two sections, one forthe Little League fields and YMCA and one for the railroad tracks. AssocP/Lungu said she would research the matter. 18) Washington St./East of Brea Canyon Rd.: General Plan designation is RMH and I. Existing zoning is C -M -BE and M 1.5. Proposed zoning is RMH and I for consistency with the General Plan CITye pointed out that the berm at the end of Washington Street is gone and there is now clear access through the gate to City of Industry. The street no longer looks like a cul-de-sac as designated in the General Plan. AssocP/Lungu said that staff would look into it. Chair/McManus felt that trucks would look for the quickest access and if Washington Street is not blocked it will become a through street. 19) North of Lycoming between Lemon Ave. and Brea Canyon Rd.: (Shea Center) General Plan designation is I. Existing Zoning is M -1.513E. (Pinefalls Ave. and Penarth Ave.) General Plan designation is zoning MPD. Staff proposes that the entire area be zoned I for General Plan consistency. 20) North of Lycoming between Brea Canyon Rd. and Lemon Ave.: (warehouse and industrial) General Plan designation is 1. Existing zoning M 1.5 -BE. Staff recommends I for General Plan Consistency. 21) West of Lemon Ave./North of SR60 to CitV boundary: (Union Pacific RR and industrial development and Yellow Brick Road Industrial Park) General Plan designation is I. Existing zoning is M 1.5 -BE. Staff recommends I for General Plan consistency. 22) North of 60 FWY/South of Lycoming between Lemon Ave. and Glenwick Ave,: (WVUSD) General Plan designation is I. Existing zoning isR-A-8,000. Staff proposes I zoning for General Plan consistency. The Planning Commissioners concurred to direct staff to prepare for a public hearing to consider changing zoning classifications to comply with the City's General Plan. JUNE 14, 2005 Page 6 PLANNING COMMISSION STUDY SESSION ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the study session at 6:58 p.m. Respectfully Submitted, Nancy Fong, P r n ing anager IIF ! lif l`l7 `/ V Attest: (g) Develop a slope density ordinance which shall be applied to all land use designations in the City. Such slope density shall reduce the number of dwelling units otherwise designated for the property as a function of average slope of the land in question in excess of 25 percent. Average slope is defined as follows: I = Contour interval in feet Slope ='0.002296 I L L = Summation of length of all A contours in feet A = Area in acres of parcel considered 1.1.2 Ensure that the land use classification system provides adequate separation and buffering of less active residential uses from more intense land uses, major streets, and highways. 1.1.3 Identify commercial land use categories to provide for a range of retail and service uses to serve City needs and to guide development within the City and its Sphere of Influence. (a) Encourage active pursuit of commercial development in Gateway Corporate Center as a means of increasing City revenues. (b) Establish General Commercial (C) areas to provide for regional, freeway - oriented, and/or community retail and service commercial uses. Development of General Commercial areas will maintain a floor area ratio (FAR) between 0.25 and 1.00. (c) Designate Commercial Office (CO) land use areas on diverse, mixed use commercial retail, office and service properties. Development within Commercial Office areas will maintain an FAR between 0.25 and 1.00. (d) Designate Professional Office (OP) areas to provide for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. Development within Professional Office areas will maintain an FAR between 0.25 and 1.00. 1.1.4 Areas designated Light Industrial (1) on the General Plan Land Use Map are to provide for light'industrial, research and development, and office -based industrial firms seeking a pleasant and attractive working environment, as well as for business support services, and commercial uses requiring more land area than is available in General Commercial or Commercial Office areas. These areas will maintain a maximum floor area ratio of 0.25 to 1.00. 1.1.5 The Public Facilities (PF) designation is designed to identify existing or potential (future) sites for necessary public facilities or infrastructure improvements. The primary purpose of land designated as Public Facilities, is to provide areas for the conduct of public and institutionalactivities, such as public schools, parks and water facilities, including but not necessarily limited to local, State, and Federal agencies, special districts, and both public and private utilities. These uses maintain development standards which do not exceed that of the most restrictive adjacent designation. Diamond Bar General Plan Land Use Element July 25, 1995 I-11 1.1.6 Areas designated as Open Space (OS) provide recreational opportunities, preservation of scenic and environmental values, protection of resources (water reclamation and conservation), protection of public safety and preservation of animal life. This designation also includes lands which may have been restricted to open 40 spm by map restriction, deed (dedication, condition, covenant and/or restriction), by an Open Space Easement pursuant to California Government Code (CGC), Section 51070 et seq. and Section 64499 et seq. This designation carries with it a -- -maximum development potential of one single family unit per existing parcel, unless construction was previously restricted or prohibited on such properties by the County of Los Angeles. 1.1.7 Provide Park (PIC) designations for existing and future public parks. Designate the Diamond $ar Country Club as Golf Course (GC). Designate major private recreational facilities (e.g. Little League ball fields, YMCA) as Private Recreation (PR). The Private Recreation designation may be applied to lands required to be set aside for recreational use which have not been dedicated to or accepted by a public agency; no development may take place on these lands other than open space uses specifically permitted by the applicable Planned Unit Development and/or deed restrictions. 1.1.8 Areas designated as Planning Areas (PA) are designed to conserve open space resources and are to be applied to properties where creative approaches are needed to integrate future development with existing natural resources. All proposed development within these designated areas shall require the formation of a Specific Plan pursuant to the provisions of Government Code Section 65450. Land uses which may be appropriate within the planning areas shall be subject to public hearings and approval of the City Council. Each Specific Plan must incorporate innovation and superior design addressing the uniqueness of each area and create a more desirable living environment than could be achieved through conventional development. 1.1.9 Encourage the innovative use of land resources and development of a variety of housing and other development types, provide a means to coordinate the public and private provision of services and facilities, and address the unique needs of certain lands by recognizing Specific Plan (SP) overlay designation: (a) for large scale development areas in which residential, commercial, recreational, public facilities, and other land uses may be permitted; and, (b) large acreage property(ies) in excess of ten (10) acres that are proposed to be annexed into the City. At such time as development might be proposed, require formulation of a specific plan pursuant to the provisions of Government Code Section 65450 for the Sphere of Influence area that will protect its unique biological and open space resources, create fiscal benefits for the City and enhance its infrastructure, while min;mizing future adverse impacts to both the human and natural environment of the City, as well as the region (see Strategy 1. 1.4 of the Circulation Element). 1,1.10 Within the Agricultural (AG) designation, permit single family residential at a maximum density of 1.0 dwelling unit per 5 gross acres (1.0 du/5ac), agricultural and compatible open space, public facility, and recreation uses (see also Land Use Element Strategies 1.6.3 and 1.6.4). Diamond Bar General Plan Land Use Element July 25, 1995 1-12 (a) Planning Area 1 PA -1 is located within the incorporated City south of the Pomona Freeway west of Chino Hills Parkway. This 720± acre vacant area is part of the larger Tres Hermans Ranch property spanning Grand Avenue, including property within the City of Chino Hills. PA -1 incorporates the Agriculture (AG) land use designation permitting single family residential at a maximum density of 1.0 dwelling unit per 5 gross acres. Facilities appropriate for this site should be designed based upon a. vision for the future and not merely extend the patterns of the past. Such facilities may include educational institutions, reservoir for practical and aesthetic purposes, commercial developments which are not typical of those found in the area and a variety of residential, churches, institutional and other uses which are complimentary to the overall objective of having a master planned area. Development within the Tres Hermanos area should be designed so as to be a part of the Diamond Bar community as well as compatible with adjacent lands. (b) Planning Area 2 PA -2 is comprised of approximately 400 vacant acres located in two non- contiguous areas. Sub -Area A consists of approximately 325 acres located east of Diamond Bar Boulevard, north of Grand Avenue, south of Gold Rush Drive, at the terminus of Highcrest Drive. Sub -Area B consists of approximately 75 acres located east of Pantera Park. Appropriate land uses for this 400 ± acre non-contiguous area include a maximum of 130 single family detached residential dwelling units concentrated along the anticipated extension of Highcrest Drive, a minimum of 75 percent of the total 400 acre area set aside as dedicated open space. A two acre area located at the southeast comer of Diamond Bar Boulevard and Gold Rush Drive should be developed for public facility or commercial uses. In order to minimize environmental impacts and maximize clustering, residential lots shall range in size from 6,000 to 10,000 square feet. (c) '1 Planning Area 3 PA -3 located south of Grand Avenue and east of Golden Springs Drive incorporates approximately 55 acres of developed and undeveloped land. Appropriate land uses for this multiple ownership area include mixed use commercial retail and office professional uses. PA -3 is comprised of approximately 15 acres designated General Commercial (C) at the intersection of Grand Avenue at Golden Springs Drive and Professional Office (OP) uses for the remainder of the planning area. The maximum intensity of development for this planning area is a FAR of 1.00. (d) Planning Area 4 PA -4 consists of 82 vacant acres and is located west of Brea Canyon Road, north of Peaceful Hills Road and south of South Pointe Middle School. Land use designations appropriate for this planning area include Park (PS), Public Facilities (PF) and Open Space (OS). The most sensitive portion of the site shall be retained in permanent open space. The site plan shall incorporate the planning and site preparation to accommodate the development of Larkstone Park of a suitable size and Iocation to serve the neighborhood as approved by the City. Diamond Bar General Plan Land Use Element July 25, 1995 1-17 DEVELOPMENT CODE § 22.10.020 CHAPTER 22.10. COMMERCIAL/1NDUSTRIAL ZONING DISTRICTS Sec. 22.10.010. Purpose of chapter. This chapter provides regulations for development and new land uses in the commercial and industrial zoning districts established by section 22.06.020 (Zoning districts established). (Ord. No. 02(1998), § 2,11-3-98) Sec. 22.10.020. Purposes of commercial/industrial zoning districts. The purposes of the individual commercial and industrial zoning districts and the manner in which they are applied are as follows. (1) OP (office, professional) district. The OP zoning district is intended for areas appro- priate for office -based working environments for general, professional, and adminis- trative offices, and similar and related compatible uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The OP zoning district is consistent with the professional office, land use category of the general plan. (2) OB (office, business park) district. The OB zoning district is intended for areas appropriate for larger scale, headquarters -type office facilities and business park developments, and similar and related compatible uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The OB zoning district is consistent with the professional office land use category of the general plan. (3) CO (commercial office) district. The CO zoning district is intended for areas appropri- ate for a diverse mix of office, retail, and service -related uses, with office -type facilities being the primary uses. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The CO zoning district is consistent with the commercial office land use category of the general plan. (4) GI (neighborhood commercial) district. The C-1 zoning district is applied to areas appropriate for retail sales, offices, and services serving the daily needs of nearby residents. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C-1 zoning district is consistent with the general commercial land use category of the general plan. (5) C-2 (community commercial) district. The C-2 zoning district is applied to areas appropriate for a wide range of retail shopping and service uses, primarily intended to serve the needs of Diamond Bar residents. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C-2 zoning district is consistent with the general commercial land use category of the general plan: (6) C-3 (regional commercial) district. The C-3 zoning district is applied to areas appropriate for large-scale commercial uses serving residents and businesses within the region. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The C-3 zoning district is consistent with the general commercial land use category of the general plan. Supp. No. 6 CD22:29 § 22.10.020 DIAMOND BAR CODE (7) 1(light industry) district. The I zoning district is applied to areas appropriate for light industriaUmanufacturing uses including research and development, office -based in- dustrial uses in an "industrial park' setting, business support services, and commer- cial uses requiring larger sites than are available in the commercial zoning districts. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The I zoning district is consistent with the light industrial land use category of the general plan. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.10.030. Commercial/industrial district land uses and permit requirements. Tables 2-5 and 2 identify the uses of land allowed by this development code in the commercial and indus 'al zoning districts, and the land use permit required to establish each use, in compliance with _ eetion 22.06.040 (Zoning district regulations). Note: Where the last cobkmn in the tables ("See Standards in Section") includes a section number, the regulations in tl: referenced section apply to the use; however, provisions in other sections of this development coXe may also apply. TABLE 2-5 ALLOWED USES AND PERMIT kEQUIREMENTS FOR OFFICE -ZONING DISTRICTS Supp. No. 6 CD22:30 11 Permit Requirement by Dis- trict LAND USE (1) OP OB (3) CO See Standards in Section: MANUFACTURING & PROCESSING Electronics, appliance, and equipment manu- C (4) facturing Handcraft industries. CUP(4) Media production P Paper product manufacturing CUP(4) Research and development CUP RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Clubs, lodges, and private meeting halls P P P Community/cultural centers P P Cultural facilities, libraries and museums P P P Indoor amusement/entertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and playgrounds P P P Religious places of worship CUP CUP CUP Schools, public and private P P P Studios, art, dance, music, photography, etc. CUP Supp. No. 6 CD22:30 11 § 22.12.010 DIAMOND BAR CODE allowed density for new residential development within this zoning district will be one dwelling unit per parcel, unless construction was previously restricted or prohibited by Los Angles County. The OS zoning district is consistent with the open space land use category of the general plan. (3) REC (recreation) district. The REC zoning district is applied to areas appropriate for active and passive recreational uses including golf courses, public parks, and private, primarily outdoor, recreation facilities. The REC zoning district is consistent with the golf course, park, and private recreation land use categories of the general plan. (4) SP (specific plan) district. The SP zoning, district is applied to specific subareas identified in the general plan as planning areas (PA), where site characteristics require careful and creative design to integrate proposed development with existing natural resources. The type, amount, and mixture of land uses allowed within the SF district shall be determined through the specific plan process. The SP zoning district is consistent with the planning areas and specific plan overlay land use categories of the general plan. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.12.020. Purpose'sof special purpose zoning districts. Section missing Sec. 22.12.030. Special purpos�district land use and permit requirements (a) General requirements. Table 2-8 . entifies the uses of land allowed by this development code in each special purpose zoning distri and the land use permit required to establish each use, in compliance with section 22.06.040 ( ning district regulations). Note: Where the last column in the tables (' ee standards in section") includes a section number, the regulations in the referenced section a ly to the use; however, provisions in other sections of this development code may also apply. (b) Requirements for the SP (specific plan) distric Allowable land uses and permit requirements for the SP zoning district shall be deter ed by the council through the approval.of a specific plan, in compliance with chapter 22.60 Specific Plans). TABLE 2-8 ALLOWED USES AND PERMIT REE FOR SPECIAL PURPOSE ZONING LAND USE (I) PERMIT REQ U EMENT BY DISTRI AG OS REC e standards i Section: AGRICULTURAL USES Crop production and grazing P RECREATION, EDUCATION, PUBLIC ASSEMBLY USES Supp, No. 6 CD22:40 § 22.06.040 DIAMOND BAR CODE (d) Standards for parcels with multiple zoning districts. The following standards apply to the proposed development or subdivision of parcels that are or may be designated with more than one zoning district: (1) Existing parcel in multiple zoning districts. Where an existing parcel is zoned in two or more zoning districts, each portion of the parcel in a separate district shall be developed/used in compliance with the requirements of the applicable district. (2) Parcels proposed for consolidation. Where a lot line adjustment or tentative map application proposes the consolidation of two or more parcels, so that a single parcel would be covered by two or more zoning districts, the application for adjustment or map approval shall be accompanied by an application for rezoning the lot into a single zoning district, in compliance with chapter 22.70 (General Plan, Development Code, and Zoning Map Amendments). (e) Conflicts between provisions. Rules for resolving conflicts between different develop- ment code provisions may be found in section 22.04.020(f) (Rules of interpretation— Conflicting requirements). TABLE 2-2 ZONING CONSISTENCY MATRIX Supp. No. 6 CD22:22 Applicable Development General Plan Designation Existing Zoning District Code Standards Agriculture (AG) Light Agriculture A-1 Agriculture (AG) Max 1 DU/AC Heavy Agriculture A-2 Rural Residential (RR) R-1 40,000 Rural Residential (RR) Max 1 DU/AC R-1 20,000 Low Density Residential (RL) RPD 20,000 Low Density Residential (RL) Max 3 DU/AC R-1 15,000 R-1 10,000 RPD 10,000 R -A 10,000 R-1 9,000 R-1 8,500 PA -2 /SP Low Medium Residential R-1 8,000 Low Medium Residential (RLM) RPD 8,000 (RLM) Max 5 DU/AC R -A 8,000 R-1 7,500 R-1 6,000 R-2 Medium Density Residential R-3 up to 12U Medium Density Residential (RM) (RM) 12 DU/AC Supp. No. 6 CD22:22 DEVELOPMENT CODE § 22.08.010 (Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2000), 4-4-00; Ord. No. 02(2001), § 1, 11-6-01) CHAPTER 22.08. RESIDENTIAL ZONING DISTRICTS Sec. 22.08.010. Purpose of chapter. This chapter provides regulations for development and new land uses in the residential zoning districts. established by section 22.06.020 (Zoning districts established). (Ord. No. 02(1998), § 2,11-3-98) Supp. No. 8 CD22:23 Applicable Deuelopment General Plan Designation Existing Zoning District Code Standards Medium High Density Residen- R-3 up to 16U Medium High Density Residen- tial (RMH) tial (RMH) 16 DU/AC High Density Residential (RH) R-3, R-3, to 20U High Density Residential (RH) 20 DU/AC General Commercial (C) Commercial Planned Develop- Neighborhood Commercial Max 1.0 FAR ment (CPD) (C-1) Restricted Business Zone (C-1) Commercial Highway Zone (C -H) Commercial Recreation Zone (C-R) General Commercial (C) Neighborhood Business Zone Community Commercial (C-2) Max 1.0 FAR (C-2) General Commercial (C) Unlimited Commercial Zone Regional Commercial (C-3) Max 1.0 FAR (C-3) Office Professional (OP) Commercial Manufacturing Office Professional (OP) or Of - Mag 1.0 FAR Zone (CM) fice Business Park (OB) addi- tional uses for Gateway Cor- porate Center Light Industrial (1) Manufacturing -Industrial Light Industry (I) Max 1.0 FAR Planned Zone (MPD) Light Manufacturing Zone CM -1) Restricted Heavy Manufactur- ing Zone (M-1.5) Open Space Open Space Open Space/Conservation (OS) (Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2000), 4-4-00; Ord. No. 02(2001), § 1, 11-6-01) CHAPTER 22.08. RESIDENTIAL ZONING DISTRICTS Sec. 22.08.010. Purpose of chapter. This chapter provides regulations for development and new land uses in the residential zoning districts. established by section 22.06.020 (Zoning districts established). (Ord. No. 02(1998), § 2,11-3-98) Supp. No. 8 CD22:23 § 22.10.020 DIAMOND BAR CODE (7) I (light industry) district. The I zoning district is applied to areas appropriate for light industrial/manufacturing uses including research and development, office -based in- dustrial uses in an "industrial park" setting, business support services, and commer- cial uses requiring larger sites than are available in the commercial zoning districts. The allowable floor area ratio for nonresidential development shall be from 0.25 to 1.00. The I zoning district is consistent with the light industrial land use category of the general plan. (Ord. No. 02(1998), § 2, 11-3-98) Sec. 22.10.030. Commercial/industrial district land uses and permit requirements. Tables 2-5 and 2-6 identify the uses of land allowed by this development code in the commercial and industrial zoning districts, and the land use permit required to establish each use, in compliance with section 22.06.040 (Zoning district regulations). Note: Where the last column in the tables ('Bee Standards in Section") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this development code may also apply. TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS Supp. No. 6 CD22:30 Permit Requirement by Dis- trict LAND USE (1) OP OB (3) CO See Standards in Section: MANUFACTURING & PROCESSING Electronics, appliance, and equipment manu- facturing CUP(4) Handcraft industries CUP(4) Media production P Paper product manufacturing CUP(4) Research and development CUP RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Clubs, lodges, and private meeting halls P P P Community/cultural centers P P P Cultural facilities, libraries and museums P P P Indoor amusementlentertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and playgrounds P I P I P Religious places of worship CUP CUP CLT Schools, public and private P P P Studios, art, dance, music, photography, etc. CUP Supp. No. 6 CD22:30 DEVELOPMENT CODE §uz.1omaO Supp. Nm 6 CD22:31 Permit Requirement by Dis- trict See Standards Theaters, auditoriums, meeting halls CUP CUP CUP RETAIL TRADE USES Alcoholic beverage sales, off-site (5) P P P Alcoholic beverage sales, off-site, in conjunc- CUP CUP CUP tion with the sale of motor fuel (5) Alcoholic beverage sales, on-site MCUP MCUP MCUP Art, antique, collectable, and gift sales P Bars and nightclubs CUP Convenience stores P General retail stores P Pet shops P SERVICE USES Automated teller machines (ATMs) P P P Banks and financial services P P P Carwash, fully automated and accessory to CUP CUP CUP service station only Child day care centers CUP CUP CUP 22.42.040 Hotels and motels P P Medical services—Clinics and laboratories CUP P P Medical services—Hospitals CUP CUP CUP Personal services—Acupressure, massage ther- CUP CUP CUP Public utility or safety facilities P P P TRANSPORTATION AND COMMUNICATIONS USES Heliports CUP Radio and television antennas and wireless telecommunications antenna facilities (3) 22.42.130 Supp. Nm 6 CD22:31 § 22.10.030 DIAMOND BAR CODE KEY TO PERMIT REQUIREMENTS Symbol Permit Requirement Procedure is in Chapter P Permitted use, zoning clear- 22.46 C-3 ance required (2) See Standards in Section: MUP Conditional use, minor condi- 22.56 CUP tional use permit required (2) P CUP Conditional use, conditional 22.58 P use permit required (2) P Glass product manufacturing Use not allowed (see section Handcraft industries P 22.04.020(h) regarding uses not CUP Lumber and wood product manuf c- turing listed) Notes: (1) See article VI for definitions of each of the land uses listed. (2) See chapter 22.48 for development review requirements for all uses. (3) Radio and television antennas and wireless telecommunications antenna facilities shall be permitted pursuant to, the standards contained within Ordinance No. 04(1999). (4) Use allowed only when accessory to an office use. (5) Shall be a minimum of 150 feet from any school. TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIALIINDUSTRIAL ZONING DISTRICTS Supp. No. 6 CD22:32 Permit Requirement by District .LAND USE (1) C-1 C-2 C-3 I See Standards in Section: MANUFACTURING & PROCESSING Chemical product manufacturing CUP Electronics, appliance, and equip- went manufacturing P Fabric product manufacturing P Food and beverage manufacturing P Furniture and fixtures manufactur- ing, cabinet shops P Glass product manufacturing P Handcraft industries P Laundries and dry cleaning plants CUP Lumber and wood product manuf c- turing P Supp. No. 6 CD22:32 DEVELOPMENT CODE § 22.10.030 Supp. No. 8 CD22:33 Pern?,it Requirement by District LAND USE (1) C-1 C-2 C-3 1 See Standards in Section: �etal products fabrication, machine/ welding shops P Paper product manufacturing P Plastics and rubber product manu- facturing P Printing and publishing P Recycling—Reverse vending ma- chines P P P Recycling—Small collection facility P P P Research and develoDment (R&D) P Small scale manufacturing P Warehousing, wholesaling and dis- tribution P RECREATION, EDUCATION & PUBLIC ASSEM13LY USES Adult oriented businesses P 22.42.020 Clubs, lodges, and private meeting halls CUP CUP Community/cultural centers CUP Cultural facilities, libraries and mu- selims P P P HealthJfitness facilities CUP CUP Indoor amusement/entertainment fa- cilities CUP CUP Outdoor recreation CUP Religious places of worship CUP CUP CUP CUP Schools—Public and private P P Schools—Specialized education and training P P P P Studios—Art, dance, music, photog- raphy, etc. . .. ... . CUP CUP I CUP Theaters, auditoriums, meeting halls RETAIL TRADE USES Alcoholic beverage sales, off-site (3) P P P Alcoholic beverage sales, off-site, in conjunction with the sale of motor fuel (3) CUP CUP CUP Alcoholic beverage sales, on-site MUP MUP MUP Art, antique, collectable, and gift sales P P P Auto and vehicle sales/rental CUP Supp. No. 8 CD22:33 § 22.10.030 DIAMOND BAR CODE Supp. No. 8 CD22:34 Permit Requirement by District LAND USE (1) C-1 C-2 C-3 See Standards I in Section: Auto parts sales P P Auto sales, indoor only P Bakery, retail P P P Bars and night clubs CUP CUP CUP Building material stores P Certified farmers market P Convenience stores P P P P Drive-in and drive-through sales CUP CUP CUP Fueling stations, gasoline, diesel, and electric only P P P P Furniture, furnishings, and appli- ante stores P P General retail stores P P P Grocery stores P P Mobile home and recreational vehi- cle sales P Outdoor retail sales and activities P P 22.42.080 Pet shops P P P Plant nurseries and garden supply stores P P !Restaurants P P P Restaurants with outdoor dining MUP MUP MUP Second hand stores P P Service stations P P P Shopping center CUP CUP Warehouse retail stores CUP SERVICE USES Ambulance services P P P Automated teller machines (ATMs) P P P Banks and financial services P P P Bed and breakfast inns CUP CUP Business support. services P P P Car wash CUP CUP Child day care centers CUP CUP CUP 22.42.040 Drive-in and drive-through services CUP CUP CUP 22.42.050 Equipment rental (construction equipment, etc.) CUP CUP CUP Hotels and motels P P P Medical services—Clinics and labs P P P Supp. No. 8 CD22:34 DEVELOPMENT CODE § 22.10.030 KEY TO PERMIT REQUIREMENTS Symbol Permit Requirement Permit Requirement by District LAND USE (I) C -I C-2 C-3 I See Standards in Section: Medical services -Hospitals CUP CUP CUP tional use permit required (2) Offices—Accessory to primary use P P P use permit required (2) Offices—Business and professional P P P Personal services P P P Personal services—Acupressure, mas- sage therapy, tattoo parlors CUP CUP CUP Psychic readers CUP CUP Public safety facilities P P p P Public utility facilities P P P P Rc+nair c Service stations P P P P Storage, outdoor P P 22.42.090 Storage, indoor P P Vehicle services—Maintenance/—.A--------P nor repair P p Vehicle services—Major repairlbody work CUP P Veterinary clinics and animal hospi- tals iCUP P T_ TRANSPORTATION & COMMUNICATIONS USES Heliports CUP Parking facilities/vehicle storage CUP CUP Radio and television antennas and wireless telecommunications antenna facilities(4) 22.42.130 Transit stations and terminals P Utility lines P P P P Vehicle and freight terminals CUP CUP KEY TO PERMIT REQUIREMENTS Symbol Permit Requirement Procedure is in Chapter P Permitted use, zoning clear- 22.46 ance required (2) MUP Conditional use, minor condi- 22.56 tional use permit required (2) CUP Conditional use, conditional 22.58 use permit required (2) Supp. No. 8 CD22:35 � E \ E < § E k � k � d � � CO � c ƒ � Q Q � w � � O Q k � d 2 7 E N d 2 w 0 2 < _ 0 u 2 0 N - o E{ / E) \G)o §%( \\\ \\o \/ § J / -/\) -/\\ 2 ~� �-E - / \)$ )§# 2 wo w - \� \\\\« \�\\9 \ \ omo F° E;E@f LIcL[5E cL 3 2\ 2{/]\ ///\D \] ! ; \\ 3a6\« A4aj7 // ) 3 .. . 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South Coast Air Quality Management District/ Government Center - Conference Room CC -8 21865 Copley Drive Regular Meeting - 7:00 P.M. South Coast Air Quality Management District/ Government Center Auditorium 21865 Copley Drive Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regularbusiness hours. /n an effort to comply with the requirements of Title ll of the Americans with Disabilities Act of 9990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same Chairman Joe McManus Vice Chairman Ruth M. Low Commissioner ®an !Nolan Commissioner Kwang Ho Lee Commissioner Tony Torng Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regularbusiness hours. /n an effort to comply with the requirements of Title ll of the Americans with Disabilities Act of 9990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RALES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(a-)ci.diamond-bar.ca.us MNm gym; r-� w_ iso � sI —o ry;L :10ay5 ' L 10-Z00-£6ZB - 5003-400Z VO sada uy Sol � ,._w . , \� � � � j � . 1101, 17 i i`u 900-t'OOZ ' VO 'SolobuV Sol aoa Oo �o :�aay5 'SE0-400-E9L9 500Z -400Z' VO'sa�a6uy sod 30 W -F EE ate `9oQ`�•/� gyG[ 3Via• :1� X 00 ro hm N 0g9�n ttl [ `\k,.t SAL.StN [ l9t�tN rvM` 0 Z"U e mr ea a O N x J . 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(909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: REPORT DATE: CASEIFILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER: APPLICANT: 71 November 8, 2005 (Continued Public Hearing from October 25, 2005 meeting) October 31, 2005 Zone Change No. 2004-01, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02 West side of Diamond Bar Boulevard, between Cold Springs Lane and Fountain Springs Road 1. To change the zoning district from Neighborhood Commercial (C-1) to Community Commercial (C-2) consistent with the General Plan designation of Commercial. 2. To renovate the facade of the existing shopping center; to construct a new three story medical/office building and a two story retail/office building; and to include a drive-thru cafe. 3. To request an increase in the building height for the following: The towers of the main retail building from 35 feet to 49 feet; the new two story retail/office building from 35 feet to 40 feet and the new three story medical/office building from 35 feet to 54 feet. Country Hills, DB LLC 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 Michael McCarthy MCC Realty Management 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 STAFF RECOMMENDATION: Staff recommends the Planning Commission adopt for approval Zone Change No. 2004-01, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance 2004-02 to the City Council. BACKGROUND: A. October 25, 2005 Study Session and Public Hearing: At the study session, the Planning Commission questioned the more than 24 percent of floor area designated for food users and restaurants. The also questioned whether there are sufficient traffic mitigations, the type of tenants that would go into the center and who is the market tenant and pedestrian connections The applicant, Mike McCarthy, responded that he is working to get a grocery store for the major tenant space. He stated that he has strong interests from Asian markets and restaurants. Approximately more than a dozen residents or tenants attended the study session. Following the study session, the Commission held a public hearing and received public testimony. There were eleven speakers who are either surrounding residents or tenants of the center. Their concerns ranged from the deteriorated cosad'stions df the center, the needed buffering for the residential areas and the height of the three story medical building. The Commission continued the public hearing to November -8t meeting, which was requested by the applicant to allow him time to work with staff in refining the conditions of approval. B. Project Background Information: Country Hills Towne Center was constructed under Los Angeles County standards under one or more conditional use permits prior to City's incorporation. In April 1988, a Conditional Use Permit (CUP No. 87-002) including development plans were issued by the County, which confirmed the existence of the center. However, with the vacation of the Alpha - Beta supermarket caused by the merging of two supermarkets, the center has been on a downward spiral in its vitality since early 1990's. In October 2003, applicant, Mike McCarthy of Country Hills DB, LLC, purchased Country Hills Towne Center with the intent of renovating and revitalizing the shopping center. He initially submitted the application for the renovation proposal in May of 2004 and staff found it to be incomplete for processing. While the applicant was revising the development proposal, he continued to actively market the site for a supermarket tenant and other tenants. In October 2004, the applicant responded in a letter assuring the City that he is working diligently to sign a supermarket tenant and obtain the necessary City approvals for the renovation and revitalization of the Country Hills Towne Center. In March 2005, the applicant submitted a revised proposal for review. Staff has been working with the applicant and his professional team to prepare the application and the development plans ready for Planning Commission and City Council review. To date, the applicant is not ready to announce the supermarket tenant or other new tenants for the center. ZC 2004-01/CUP 2005-01/DR 2004-19/VAR 2004-01 October 25, 2005 ANALYSIS: A. Existing Site Conditions: The project site is 18.36 acres in size and fully developed, with the exception of a small vacant graded lot on the northern side of the site. The existing gross floor area of the center is 169,777 square feet. The car wash at the corner of Fountain Springs Road and Diamond Bar Boulevard and the two story office at the corner of Cold Springs Lane and Diamond Bar Boulevard as well as the existing AAA office building are not part of the project site and have separate property owners. Vacancies in the center are high. Complaints have been received about the site's property conditions, which could use improvements and upgrades. Also, the site is constrained by a grade difference of more than 20 feet below the street grade, which negatively affects the visibility of the shopping center. B. Project Descriptions: The proposed project includes the renovations of the facade of a 45,031 square feet supermarket building; the existing 21,400 square feet Ride Aide store; and the 65,154 square feet of existing in-line buildings for retail and restaurant users with outdoor dinning area. The proposed project also includes the demolition of the existing child care center and a retail building at the south side of the site in order to allow for the construction of a new 49,100 square feet three story office/medical office building. The vacant graded pad at the north side of the site will allow the construction of a 12,408 square feet two story building for office and restaurant. Upon project completion, Country Hills Towne Center will have a total of 221,083 square feet of gross floor area. The following table compares the existing with the proposed square feet: USE EXISTING SQ. FT. PROPOSED SQ. FT. Market 25,000 45,031 Rite Aid 21,400 21,400 Retail/Restaurants 63,948 65,154 Child Care 7,365 NA Theater 23,574 NA Fast Foods 7,990 7,990 AAA Office 20,000 20,000 3 -story Office NA 49,100 2 -story Office/Restaurant 6,838 sq. ft. (Restaurant) 5,570 sq. ft. (Office) NA 12,408 TOTAL 169,777 221,083 C. Site and Surrounding Uses: The General Plan and Zoning for the site is Commercial and Neighborhood Commercial District (C-1), respectively. The north, south and west sides of the site are predominately single family homes. The shopping center is physically separated from the westerly residential area by the existing Brea Canyon Channel. The east side of the site is existing condominiums. ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 D. Application and Review Authority: The proposed project requires four applications, namely Zone Change, Conditional Use Permit, Development Review and Variance. A Zone Change requires City Council approval, and the Conditional Use Permit, Development Review and Variance require Planning Commission approval: -According --to Section- 22,48.030 of the Development Code, all applications shall be processed simultaneously by the highest review authority. For this project, the Planning Commission is a recommending body and will forward a recommendation to the City Council. The City Council is the final highest review authority. E. Zone Change No. 2004-01: The current General Plan land use designation for the site is Commercial and the zoning is Neighborhood Commercial District (C- 1). The applicant requests to change the zoning from Neighborhood Commercial (C-1) to Community Commercial (C-2).. Under the. General Plan Land use designation of Commercial, it allows a range of commercial zoning from Neighborhood, Community to Regional. In this case, the change from Neighborhood to Community Commercial is acceptable and appropriate because of the location of the site, which fronts on to a major boulevard and the size (over 18 acres) of the shopping center. A Community Commercial zone will allow a wider range of use that may include computer stores, banquet facility, health club, indoor entertainment, auto parts sales, grocery stores, furniture and appliance stores, and garden supply stores. Typically, these stores and services would attract a broader range of population.. F. Conditional Use Permit No. 2004-01: The renovation of and the addition to the shopping center requires a Conditional Use Permit per Section 22.10.30 of the Development Code. Further the conversion of a portion of the existing building to a new drive-thru cafe requires a Conditional Use Permit. G. Development Review No. 2004-19: The purpose of Development Review is to implement the objectives of the General Plan which states, "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design." Site Design and Access: The main entry of the center is off Diamond Bar Boulevard and the proposal includes renovation with new entry monument signs, a wider landscape median and a water feature. At the recommendation of the City's traffic consultant, the entry will include two lanes for egress and ingress which provides a safer condition for pedestrian and vehicular traffic. The existing secondary access off Fountain Springs Road will remain with no changes. The secondary access off Cold Springs will be relocated further west and provide a smoother entrance to the shopping center and the medical office building. The loading/service driveway will remain toward the back of the shopping center. 4 ZC 2004-01/CUP 2005-01lDR 2004-19NAR 2004-01 October 25, 2005 in response to the Commission concerns regarding pedestrian connection, the applicant is willing to add pedestrian walkway from the public sidewalk to onsite. The applicant will be providing pedestrian connection from the three story medial office to the building that backs up to Diamond Bar Boulevard. 2. Landscaping: The main entry off Diamond Bar Boulevard with its wide landscape island and a water feature will provide an attractive aesthetic entry statement. No changes are proposed for the parking lot. The entire length of the frontage of the stores from the market building to the day spa/retail building does not include landscaping. The applicant fears that adding trees within the parking lot and along the store frontage will further negatively impact the visibility of the center because of the grade difference from the street. Staff believes that landscape treatment should be included to provide shade within the parking lot; improve the pedestrian environment; and enhance the aesthetic appearance of the center. Staff recommends the following changes, which can be conditioned. Staff is agreeable to work with the applicant to address the proposed conditions: a. Provide tree wells within the parking lot to include small and slow growing trees. b. Find locations along the storefronts for landscape areas where a cluster of trees could be planted. G. Provide vine pockets in front of building columns. d. Provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to the breezeway. 3. Building Design: The existing architectural style for the shopping center is contemporary with red tile roof, tower elements, a colonnade of square columns and stucco material. The applicant proposes to re -skin or renovate the existing buildings with the following elements: The main building from market to spa: Modify and add new towers for the east elevation (front). The towers are raised in height, and they vary from 40 feet to the highest at 49 feet. The towers are treated with decorative metal accents and stacked stone materials. Beside the traditional pitch roof towers, flat roof towers are added at various locations to provide a variety and interest. No upgrades or architectural treatment are proposed for the west (rear) elevation except for the addition of a pop -out element at the breezeway area. Staff believes architectural elements should be applied to all sides of the building to have a total design and that at a minimum the ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 entire length of the west elevation (rear) should have cornice treatment at the top of the parapet. A condition of approval is placed in the attached resolution. In response to the concern from the resident, the applicant is willing -to add -landscaping -along -the rear of the center and will provide new roof screen wall to screen existing roof equipment. b. The existing building that backs up to Diamond Bar Boulevard: The renovations include adding a drive thru lane for a cafe, which necessitates a retaining wall. Again, traditional towers are added to the building. Staff recommends that a flat roof, tower element be added over the pick up window. The added tower with fascia area will allow for the placement of .a sign and provide more visibility from Diamond Bar Boulevard for a future cafe tenant. A condition of approval is placed in � the attached resolution and staff is agreeable to work with the applicant in the final design. C. The two story office/retail/restaurant building and three story medical office building: The architectural style of the two new buildings is similar. They consist of flat roof treated with cornice elements, stucco walls with stacked stones as a wainscot. Staff believes that the design is compatible and adds aesthetic value to the entire center. 4. Parkinq Analysis: According to Section 22.30.050 of the Development Code, a Shared Parking analysis, is required if the total number of required parking spaces is more than the number of parking spaces provided. A Shared Parking Analysis was submitted to City's consultant for review and the results were summarized in the following table: USE SQ. FT. PARKING PARKING PARKING RATIO REQUIRED PROVIDED Supermarket, retail, 90,614 1/300 302 office, spa Restaurants 53,397 1/75 plus 11300 519 (service areas) (16,014) for service areas (outdoor dinning) (4,000) plus 1/100 for out -door dinning Fast Food 7,990 1/100 80 AAA Office 20,000 1/400 50 Medical Office 49,100 1/250 196 TOTAL 221,083 1,219 1,012 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 According to the results of the shared parking analysis, the total number of parking spaces needed at peak time, which is defined as a weekday at 1:00 pm or weekend at 8 pm, is 1,003 spaces (Exhibit "E"). According to our consultant, the practice under Urban Land Institute for shared parking is to have a minimum of 5 percent above the peak demand with a total of 1,053 spaces. The site has 1,012 parking spaces. The applicant has submitted a letter (Exhibit "D") stating that the 1,012 parking spaces provided on site are more than adequate to support the center. The applicant stated that the traditional shopping experiences have evolved to be more of life style centers where shoppers patronize as opposed to one retailer per trip. Staff agrees that 1,012 parking spaces are adequate to support the center. To ensure that the center would not have a parking problem, the Planning Commission could place a cap on the total square footage for restaurant use. Also, a condition could be in place where the applicant would submit a plan to address the issue subject to staff review should there be a parking problem. 5. Signs: A condition of approval in the attached draft resolution requires a new Planned Sign Program for the shopping center. The Planned Sign Program will include monument signs, tenant signs and directory signs. There is an existing pylon sign at the entry off Diamond Bar Boulevard which is legal conforming. It is recommended that the existing pylon sign at the entry off Diamond Bar Boulevard be removed, or a variance application process is required to leave it in place, which can be addressed at a later date. 6. Lot Line Adjustment: The property consists of 20 parcels. The property lines for the market building and the three story office building must be adjusted so that they do not traverse the buildings. H. Variance No. 2004-02: The proposed towers for the main building range from 40 feet to 49 feet. The two story office and restaurant building adjacent to Fountain Springs Road is 36 feet high at the setback line and 40 feet at the parking lot. The three story medical building is 54 feet high at the top of the equipment screen wall. The maximum building height allowed is 35 feet, hence the variance application. The site is unique because it is constrained by a grade difference of more than 20 feet from the street grade of Diamond Bar Boulevard which deters visibility of the center from the street. The existing car wash at the corner of Cold Springs Lane and Diamond Bar Boulevard and the two story office building at the corner of Fountain Springs Road and Diamond Bar Boulevard also contribute to poor 7 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 visibility of the center. No other existing centers in the City have this visibility problem. The various towers at the main building are more than 200 feet away from the westerly residential area. The two story building at Fountain Springs Road sits 5 feet below street grade. Therefore, the view from the northerly residential area would see only 30 feet in height of the building. The three story - medical -office building behind the car wash site is 28 feet below DiamondBar Boulevard street grade and only the third story of the building would be seen from Diamond Bar Boulevard. Staff believes the site is unique because of the grade constraints that no other shopping centers in the city experiences. The strict application of the code would deny the property owner of the same privileges enjoyed by other property owners of shopping centers. Staff recommends the Planning Commission grant the building height variance. Environment oe^View and Proposed Mitigated Negative Declaration: The project has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15070. The Mitigated Negative Declaration's review period began September 23, 2005, and ends October 25, 2005. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. Therefore, staff recommends the issuance of a Mitigated Negative Declaration. NOTICE OF PUBLIC HEARING: On September 23, 2005, notice of public hearing for this project was published in the Inland Valley. Daily Bulletin and the San Gabriel Valley Tribune. In addition, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. Further, the project site was posted with a display board and the public hearing was posted in three public places. RECOMMENDATION: Staff recommends that the Planning Commission conduct a public hearing to review the project; upon conclusion of the public hearing, forward a recommendation of approval to the City Council through the adoption of the attached resolutions. Prepared by: Nancy Fong, AICP Interim Community Development Director ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2D04-01 October 25, 2005 Attachments: 1. Draft Resolution Recommending Approval of Zone Change No. 2004-01 to City Council 2. Draft Resolution Recommending Approval of Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 to City Council 3- Exhibit "A" — Development Plans 4. Exhibit "B" — Proposed Mitigation Program 5. Exhibit "C" - Applicant's response letter to Parking Analysis 6. Exhibit "D" — Summary of Traffic Impact & Shared Parking Analysis 9 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 PLANNING COMMISSION RESOLUTION NO. 2005 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY -- --COUNCIL -APPROVE_ _ZONE CHANGE NO. 2004-01 FOR PROPERTIES LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA; APN: 8285-020-31 THROUGH 51. A. RECITALS. The applicant, Michael McCarthy of Country Hills DB, LLC, has filed an application for Zone Change No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject zone change request shall be referred to as the "Application." 2. On September 23, 2005, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application, received public testimony and continued the public hearing to November 8, 2005 regular meeting. 4. At the continued public hearing of November 8, 2005, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to the Planning Commission during the above referenced meeting on October 25 and November 8, 2005 including written and oral staff reports, this Commission hereby specifically finds as follows: a. The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. b, Concurrent with the Zone Change request is the request to renovate the entire shopping center and to add two new office buildings. The renovation will revitalize the shopping center which implements the economic goals of the General Plan. C. The change from Neighborhood Commercial to Community Commercial will allow a wider range of use that implements the City's economic goals and policies. d_ The Planning Commission hereby finds that the Application identified above in this Resolution, has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070 and guidelines promulgated thereunder. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. A Mitigated Negative Declaration will be issued. e. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed Zone Change set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds and recommends as follows: (a) The City Council adopt Zone Change No. 2004-01 attached hereto as delineated on the City's Zoning Map identified as Exhibit "A" and incorporated herein by reference: Planning Commission Resolution No. 2005 -XX (1) That the existing commercial area located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane, Assessor Parcel Nos. 8285-020-31 through 8285-020-51 shall be zoned Community Commercial (C-2). The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. - APPROVED AND ADOPTED THIS 8TH OF NOVEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, Nancy Fong, Acting Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25th day of October 2005, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary 3 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY PLANNING COMMISSION RESOLUTION NO. 2005 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 TO THE CITY COUNCIL. THE REQUEST IS FOR THE RENOVATION OF THE EXISTING SHOPPING CENTER AND THE CONSTRUCTION OF A TWO-STORY OFFICE/RESTAURANT BUILDING AND A THREE STORY MEDICAL OFFICE BUILDING TOTALING 221,083 SQUARE FEET; THE VARIANCE IS TO INCREASE THE BUILDING HEIGHT FOR THE MAIN RETAIL BUILDING FROM 35 FEET TO 40 FEET, THE TWO STORY BUILDING FROM 35 FEET TO 40 FEET AND THE THREE STORY BUILDING FROM 35 FEET TO 54 FEET; AND MAKING FINDINGS IN SUPPORT THEREOF; THE SITE IS 18.36 ACRES, IN THE COMMERICAL DISTRICT, AND LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA; APN: 8285-020-31 THROUGH 51. A. RECITALS The applicant, Michael McCarthy of Country Hills DB, LLC, has filed applications for Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and Variance requests shall be referred to as the "Application." 2. On September 23, 2005, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, received public testimony and continued the public hearing to November 8, 2005 regular meeting. REVISED DRAFT COPY 4. At the continued public hearing of November 8, 2005, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission durina the above referenced meeting on October 25, 2005 including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. (b) To the north and south of the property are existing single family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and the Zone is Neighborhood Commercial. Concurrent with the Application, a Zone Change No. 2004-01 from Neighborhood Commercial to Community Commercial is requested_ (d) The Application with its site plans, building design, landscaping, and grading together with the conditions of approval and the mitigation are in conformance with the General Plan, the Development Code and the Design Guidelines. (e) The Application and the intended use together with all conditions of approval and the mitigation will not be detrimental to the health, safety, or welfare or materially injurious to properties and improvements in the vicinity. (f) The Application has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) section 15070. The Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY Mitigated Negative Declaration review period began September 23, 2005, and ended October 25, 2005. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. 3. The Planning Commission hereby specifically finds and determined that having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the proposed project herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Conditional Use Permit (a) The proposed use is allowed within the subject zoning district with approval of a conditional use permit and complies with all other applicable provisions of this development code and the Municipal Code. Concurrently with the Application, the applicant requested fora Zone Change from Neighborhood Commercial (C-1) to Community Commercial (C-2). The development and renovation of the shopping center requires a Conditional Use Permit. The existing and proposed uses for the shopping center such as the future market, existing drug store, restaurants, retail uses, spa, medical office and office uses, are all allowed under the Community Commercial (C-2) zone. The existing and proposed Uses in the shopping center will comply with all applicable provisions of the Development Code and the Municipal Code. (b) The proposed use is consistent with the General Plan and the Development Code. Economic Development is a goal of the General Plan. The proposed project will implement this goal. The proposed project is consistent with the Diamond Bar Development Code. Planning Commission Resolution No. 2005 -XX [7 176-347 77_1A]UPISI '1 (c) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The shopping center was originally constructed in the 1970's and - renovated in -the late 1980:sbefore _the incorporation of the City. The existing businesses such as the drug store, the restaurants, retail shops, etc., will remain in place. The proposed new uses such as a market for the major tenant, medial offices, offices, more restaurants and retail uses will add to the diversity of shopping and services for the surrounding residents. The existing and proposed uses will be compatible with the existing and future land uses in the vicinity. The proposed project will promote the aesthetics of the physical environment and adds to the economic and social character of the City. (d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The subject site is an existing shopping center with access off Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. The site with its renovation of the shopping center and the development of the two new buildings continued to be physically suitable for existing uses and the types of uses being proposed. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting this conditional use permit will improve the property and add value to the City in general. (f) The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQA) 15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, a/I potential impacts would be mitigated to a less than 4 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY significant level. A copy of the mitigation program is attached hereto and incorporated herein. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The design and layout of the proposed project, the new design of the facade for the existing buildings are consistent with the General Plan, Development Code and Design Guidelines. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed project is to renovate an existing shopping center and the construction of two new office buildings. The design and layout of the existing buildings and the two new office buildings will not interfere with the use and enjoyment of existing surrounding uses. However, the two new office buildings will have an increase in traffic. Based on the mitigation program, the applicant is required to improve the southbound approach on Diamond Bar Boulevard at the intersection of Cold Springs Lane with a re -striping of a third through lane and a contribution of $79,593 for the project's share of the cost in funding future road improvements needed to alleviate cumulate impacts to traffic. The existing access for the shopping center will be improved further to provide for safe pedestrian walkway and address handicap accessibility. (i) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed renovation together with the new buildings will create an aesthetically pleasing environment. (j) The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY The proposed design of the building will provide a desirable environment for its occupants and visiting public. The design will encourage the public to visit often, shop and enjoy the aesthetically pleasing environment. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed project will improve the value of the properties and provide positive impact to the City. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. Variance (m) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. The site is unique because it is constrained by a grade difference of more than 20 feet from the street grade of Diamond Bar Boulevard which deters visibility of the center from the street. The existing car wash at the corner of Cold Springs Lane and Diamond Bar Boulevard and the two story office building at the corner of Fountain Springs Road and Diamond Bar Boulevard also contribute to poor visibility of the center. No other existing centers in the City have this visibility problem. The various towers at the main building are more than 200 feet away from the westerly residential area. The two story building at 6 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY Fountain Springs Road sits 5 feet below street grade. Therefore, the view from the northerly residential area would see only 30 feet in height of the building. The three story medical office building behind the car wash site is 28 feet below Diamond Bar Boulevard street grade and only the third story of the building would be seen from Diamond Bar Boulevard. (n) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. As referenced above in Item (m), granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts. (o) Granting the Variance is consistent with the General Plan and any applicable specific plan. Due to the constraints of the project site being more than 20 feet below Diamond Bar Boulevard street grade, approving this Variance will be consistent with the General Plan. The project area does not have a specific plan. (p) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Approval of the Variance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspection process. (q) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommend approval subject to the following Special 7 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY Conditions, Standards Conditions and Mitigation attached hereto and incorporate herein: A. General/Planning Division (1) The approval is__for._Country__Hills Town Center totaling 221,383221,083 square feet. The approval includes the renovations of the fagade for a 45,031 square feet supermarket building; a 21,400 square feet Ride Aide store; 65,154 square feet of existing in-line buildings for retail and restaurant users; a 4;88-4,000 square feet of outdoor dinning area; a drive-thru cafe; a new 49,100 square feet three story office/medical office building and anew 12,408 square feet two story building for office and restaurant; the demolition of the existing child care center and a retail building at the south side of the site. (2) Variance 2004-02 is approved to increase the building height for the towers of the main retail building from 35 feet to 49 feet; the new two story retail/office building from 35 feet to 40 feet and the new three story medical/office building from 35 feet to 54 feet. (3) The final design of the project entry off Diamond Bar Boulevard shall be subject to Community Development and Public Works Directors review and approval prior to issuance of building permits. The design shall include small flowery trees next to tall palm trees. The palm tree species shall be of canary island date, date palm or king palm. The size of the palm trees shall be betWeeR 15 to 20 feet and ^fa minimum of 10 feet brown trunk. (4) Provide sufficient number of trash enclosure areas subject to the Community Development Director's review and approval prior to issuance of building permit. (5) All shopping carts shall be collected at the end of the business hours and stored inside the building of the supermarket and/or Rite Aide or in an approved outdoor screened area. (6) The maximum square footage for restaurants and outdoor dinning shall not exceed 53,397 square feet. The square footage does not include: the two existing drive-thru fast food restaurants and the 5,000 food court users within the market building. Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY (7) The keeping of the existing non -conforming pylon sign shall require a new variance application. (8) A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be used and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval priorto the issuance of building permits. (9) Landscaping:The site shall provide as close to 15 percent of the site area for landscaping as possible. Provide tree wells within the parking lot and planted with a small slow growing tree. Provide landscape areas along store frontage for planting of trees. Provide vine pockets in front of building columns. Provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to a breezeway. Detailed design shall be submitted for Planning Division review and approval prior to issuance of building permits. (10) For the tier of parking spaces located north of the central median landscape area, it shall be modified to show landscape areas. Final design subject to Community Development Director review and approval. (11) Add a flat roof tower over the new drive-thru pick up window for the future cafe tenant. Final design subject to Community Development Director review and approval prior to issuance of building permits. (12) The entire length of the west elevation (rear) shall have cornice treatment at the top of the parapet consistent with the design at the east (front) elevation. (13) The renovation of the existing building shall be in substantial construction prior to issuance of building permits for the two- story or the three-story building, whichever occurs first. The market tenant shall have occupancy prior to release of occupancy for the shell building of the two-story or three-story buildings, whichever occur first. (14) (a) The roof screen parapet wall for the two-story and three- story buildings shall be integrated in the design of the buildings. Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY (b) New roof screen wall for screening existing and new roof equipment shall be provided. Design, materials and color of the new screen wall shall be submitted for Community Development Director review and approval prior to issuance of building permits. New screen wall shall -be installed -prior -to occupancy. (15) Submit color and material samples for the project prior to issuance of building permits. (16) All a ental FnitigatiGR shall ho G ple+ed .eferenee.d hero' d ttad ,ed hereto rr�Tc..iii--aira-�ar� �­ri�ru-cv: (16) The applicant shall redesign and reconstruct the existing community bulletin board within the shopping center. ina! desicxn and placement of the community bulletin board shah be subject to Community Development Director review and approval. The community bulletin board shall be completed prior to release of occupancy. (17) Environmental mitigations: (a) The following measures shall be implemented to reduce equipment emissions and limit exposure to diesel particulate emissions: all diesel tucks should be fitted with particulate filters or traps; all construction workers should be advised to wear masks when working near diesel equipment or diesel trucks. (b) If during grading archaeological resources are encountered, construction activities in the area of the find smut be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. (c) if during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Las Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the coroner determines that the remains are not recent the coroner will notify the Native American Heritage Commission for consultation. 10 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY (d) Prior to commencement if demolition, a complete asbestos and lead paint survey shall be conducted on structures to be demolished at Country Hills Towne Center if they have the potential to contain asbestos or lead paint. if asbestos or lead paint materials are present, they will be handled by a trained and licensed asbestos or lead paint abatement contractor and disposed of in compliance with all applicable regulations. (e) Demolition, grading and construction operations shall be in accordance with Development Code section 22.28.120 (1a) - 7 am and 7 pm Monday through Saturday. If there are complaints regarding noise or other negative impact to the surrounding residents the demolition, grading and construction operation shall be restricted to within the hours of 7:30 am to 5:30 pm Monday through Friday. (f) Prior to the completion of construction activities, the southbound approach on Diamond Bar Boulevard at the intersection with Cold Springs Lane shall be re -striped to provide a third through lane. (g) Prior to the final certificate of occupancy, the project shall assist the funding of road improvement needed to alleviate cumulative impacts to traffic. A contribution of $79,593.79 represents the project's share of the costs based on it relative contribution to worsening traffic condition. (18) Provide pedestrian connection from the public sidewalk to on-site for Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. (19) Decorative textured pavement shall be provided at project entries (Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road) and across circulation aisles where there is a pedestrian pathway. Decorative textured pavement shall be provided at the terminus of the center landscape median island. Location, design materials and colors for the textured pavement are subject to Community Development Director review and approval. 11 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY B. Engineering/Public Works (1) A Lot Line Adjustment shall be recorded prior to issuance of building permits for the three story medical office building and the supermarket building. (2) Upgrade the following driveways to current ADA standards: Cold Springs Lane, Diamond Bar Boulevard and Fountain Springs Road. (3) Remove concrete from parkway at Cold Springs Lane and replace with landscaping to match existing parkways to east and west of the project. (4)_ Eliminate all storm drain/irrigation water discharge through all retaining walls. All on site storm water shall be drained to underground drainage facilities. A drainage plan shall be submitted for Public Works Director review and approval prior to issuance of any permits. (5) Evaluate pavement conditions of the parking lot and implement improvements. Detailed plans shall be submitted for Public Works and Community Development Directors review and approval prior to issuance of any permits. (6) Provide protective fencing or barrier to the property frontage along Diamond Bar Boulevard at the top of the slope (7) Provide separate ADA pedestrian access on Diamond Bar Boulevard and Sugar Pine due e4, e steep-skge4h oto the shopping center. The entrance shall be posted to identify the location for ADA accessibility. The final design shall be subject to City Engineer and Community Development Director review and approval prior to issuance of building permit. All eRtF ,RGGS +„ facilities shall be ADA n r.Gnn+ I Ir, radGWh.-„-lGhai .+ Poo d Bar BC) 1'eVa Fd and Sugar Pineshall-be-euffent to nnn stay Ards (8) Show all utilities on the plans (i.e., Edison power poles along the westerly side of the property.) (9) All parcels within the subdivision shall be annexed into the City Lighting and Landscaping Assessment District No. 38. 12 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY (10) Submit on-site striping and signing plans for City Engineer review and approval prior to issuance of building permits. The striping for the parking spaces shall consider 90 degree parking angle subject to Community Development Director review and approval. (11) Post signs for No Truck Delivery at the project entry of Fountain Springs Road. C. Fire (1) All required fire hydrants shall be installed and tested and accepted prior to construction. (2) The required fire flow for this development is 5,000 gallons per minute for 5 hours. The water mains in the street fronting this property must be capable of delivering this flow at 20 pounds per square inch residual pressure. (3) Provide the occupancy, type of construction, extent of fire lanes (indicated on the plans by shading or cross hatching), locations and sizes of all fire hydrants within 300 feet of all property lines. (4) Project subject to Fire Code Access Standards. (5) Fire Protection facilities including access must be provided prior to and during construction. (6) Submit architectural drawings, including site plan, floor plan, elevations, door and window schedules to Fire Prevention Engineering at 590 S. Park Avenue, Pomona, CA 91766. D. Building and Safety (1) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. (2) Fire Department approval is required. 13 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY (3) Submit code analysis and justification showing the following: • Each building square foot • Each building height • Type of construction Sprinkler system: ---- ___ _ • Each group occupancy • Property line location in relation to each building (side yard) • Exit analysis for each building (occupant load/corridor rating/exit width/exit signs) • Accessibility analysis for the entire site and for each building • Shaft rating/exterior walls construction/opening protection (4) The minimum design load for wind in this area is 80 M.P.H. exposures "C'' and the site is within seismic zone four (A) The applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature. (5) This project shall comply with the energy conservation requirements of the State of California Energy Commission. (6) This project shall comply with all Title 24 accessibility requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. (7) The project shall be protected by a construction fence and shall comply with the NPDES and BMP requirements. (8) Surface water shall drain away from building at a 2 percent minimum slope. (9) Specific location of tempered glass as required by code. (10) Spedfy 1 /A in h feet-sle e far all flat surfa Ges/decks reri+h t rv7—�Pv�r'Y-'''-r'-rr'cn-"pew p ap ffGyed water mateFial. Alun previde guard nntien. detail (height spaGiRg, etc.) (10) All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. (11) Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 14 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212 APPROVED AND ADOPTED THIS 8th DAY OF NOVEMBER, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Iffli Joe McManus, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of November, 2005, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary 15 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT STANDARD CONDITIONS (DEVELOPMENT) PROJECT #: CUP 04-01, DR 04-19 and VAR04-02 SUBJECT:--- Country Hills Towne Center APPLICANT: Country Hills DB, LLC/Michael McCarthy LOCATION: West of Diamond Bar Blvd., between Fountain Springs Rd and Cold Springs Ln. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 brought within the time period provided by Government Code Section 66499.37. In the event the City and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 16 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. Signed copies of Planning Commission Resolution No. 2005 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the City within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety, Public Works and Engineering Divisions and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and 17 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY processing fees prior to the map's recordation or issuance of building permits, whichever come first. 2. All deposit accounts for the processing of this project shall have no deficits. C. _ TIME LIMITS This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval shall expire if building permits are not issued or approved use has not commenced within two years from the date of approval. The applicant may request for a one year time extension subject to Planning Commission approval - D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the City Council collectively attached hereto as Exhibit "A" including: site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein and Development Code regulations The Mitigation Monitoring Program approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. A property management association (HOA) shall be formed. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, parking areas and landscaping shall be provided by CC & R's or deeds and shall be recorded, prior to issuance of building permit. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently prior to the issuance of building permits. 4. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or 18 Planning commission Resolution No. 2005 -XX REVISED DRAFT COPY masonry walls, berms, andlor landscaping to the satisfaction of the Planning Division. 5. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 6. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Detailed landscape and irrigation plans shall be ,prepared. by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the landscaping and irrigation comply with the approved landscape and irrigation plans. F. SOLID WASTE The site shall be maintained in.a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 19 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY 3. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE ENGINEERING/PUBLIC WORKS DIVISION, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL/SUBDIVISION 1. Prior to final map approval or issuance of building permit, whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. 2. Prior to final map approval or issuance of building permit, whichever comes first, applicant shall submit to the City Engineer the detail cost estirnates for bonding purposes of all public improvements. 3. Prior to final map approval or issuance of building permit, whichever comes first, if any public or private improvements required as part of this nap project have not been completed by applicant and accepted by the City, applicant shall enter into an agreement with the City and shall post the appropriate security. 4. Cost Estimates for all bond or surety amounts shall be provided by the applicant and approved by the City Engineer. 5. Prior to final map approval or issuance of building permit, whichever comes first, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 6. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. neva rave 20 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY 7. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the detailed site plan and grading plan, as approved by the City Engineer. 8. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Division in addition to any other permits required. 9. Applicant shall label and delineate on detailed site plan any private drives or fire lanes to the satisfaction of the City Engineer. 10. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 11. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 12. Applicant shall provide digitized information in an Auto CADD format defined by the City for all related plans, at no cost to the City. 13. All activities/improvements proposed forthis project shall be wholly contained within the boundaries of the project. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING No grading or any staging or construction shall be performed prior to issuance of building permits. final map approval nd 2. R.eta:ni ., ,an d ;.c r�_a.i^....,!wt:.GR-s-�e submitted to +ho Publin gF@diR to Building and Safety Division) 2. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be 21 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY limited to between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, _. all_ construction_equipment_shall_be_ properly_ muffled to red.uce_noise levels. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance and acceptable grading practices. 5. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prier to the issuanoe of a _c, f:hereport shall address h,.+ .,9+ be limited to the felle' iRg: a Stability @R2!YSGS of daylight shear keys with a 1 :'I n i n+'n frn. daylight tslide plane• a nrnien+inn plane shall have a safety fantnrnf 4-.5-. b. All soils -see+^^« eat GeRStfaiRtS (i.e., landslides, shear k locations,,-et6.,) shall be delineated in deta'I wi+h re&PeGtt9_p.rOposed. �IIdinn G stk-ted rl trr,rt Ural se+ha Gks nvrr�-u-Try"eiOpcS—r�ce...>nicc��-aG�arre.��-sacra ... ... .... ... hall be GE)Rsidered and delineated prier. +o r erlda+ion of the final map. G. Sail r diatien measures shall be deesig.r ed for a rot s geel0giG interpretation subjeGt to-verif;Gatien-in the -field -dWiRg grading-. d. The eXte. t of any remedial grading into natural areas shall be lead„ e_ Areas f potential fpr debris flew shell be defined .,n.d nr per remedi- measures -�I nlemen+ed a approved by the City Engine-.. f. GrGss stability of arIrI - ff3pPS shall be- analyzed �ov-rt ofr e +eeh n'nal report, including remedial fill that rn lanes Rat gyral slepe C+ahil•t f all prepesed SlepeS shall be GGRfirmed by al h aPP'-41 r vert +hCn .,� �e . Git :.�, ginoer h All I e data insludinn landslides and expinra+en. excavations rrUst be shn,.,n GR a GGnsoNdat kcal map using the ^r sPa;e-f;nui-gn�din plan as a ha�n• 22 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY 6. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 7. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans. shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 8. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 9. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. C. DRAINAGE All tprr;;� s an drainage channels shall be constructed in muted earth . tones so as not to impart adverse visual impacts. TerFaG-d,am"� 4e4er: e faEe. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the County of Los Angeles and all fees required shall be paid by the applicant. 23 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY D. UTILITIES Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. E. SEWERS 1. Prior to final man anprovai applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. F. TRAFFIC MITIGATIONS All traffic signals plans and traffic mitigations shall be implemented aR4 ed in accordance with the Traffic Impact Analysis Report by Linscott, Law & Greenspan engineers dated July 25, 2005, prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time the application was approved. 24 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. The buildings shall be inspected for compliance prior to occupancy. The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. Fire Department approval is required. 6 This eReFgy atilt requirements of the 7. This prejoGt shaj sn +h of I I., a+ stpeems, d ini� g f .,+.,'.,c eta +ho A101'1CC .+ R11AD niromoni� 10. ...rdcc s-YAth ap^pnrv^-, e ateF it (height, o 5. All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. 6. Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. Retaining wall design and calculations shall be submitted to the Public Works/Engineering division for review and approval concurrently with the grading plan check. 25 Planning Commission Resolution No. 2005 -XX REVISED DRAFT COPY APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements: All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 26 Planning Commission Resolution No. 2005 -XX EXHIBIT "A"— DEVELOPMENT PLANS Development plans were previously distributed to the Planning Commission. Lu F- § \ § § LLI 0z – k §ca \ _ CL 5$ \ m z z . . [ ® / \/7 \\ ( { z cu } 1:: % c¥o,n § &DIDr- o o GJ) j cu = §cv = E / $ �4 (_ )� z L % ca % ƒ) E e= 2/a \) G2 tL $/ \\ \\ #\ of \0 \\ . §� �3 \) - _ _ \ <) � \\ \\ e « a: <m ) < \ 3 < y 2 S 3 Exhibit "B" – Proposed Mitigation Program CUP 2 ±1mR 2004-19/VAR 200w2 Q W C p O ti O LLC O .y. a :3OJ @ N @ O U >u N @ a) y O ra m �Em @ tU0 @ @ ui a Q a ¢ Q Q a d a ¢ E m i z aEiEw0 ca CL a, z z z E z E F m Call CD w Z m 'D m m � U_ LU w m 'Om am •Cm �m o 'om 'O CO to o C 0 0 mcg, 0 0 0 0 0 o mew O N(n C E0 E o 0 m 0 m O m E» ro o E» LEaI'D ro o E� co ac): ro pE'D Co oE° @ oEoa o °ra E- m of@o - N mm omco omlq om(o a� a) E > o mfo o 0 W a-° 0 ala @ C 0- -0 N C a -o .Z` a7 C a) C UD@ Y N O N UOU❑ ° y C UD@U ... U0c U0@ U❑@ N C y d C a) -0 c N C ..01+ N 0 41 N a) 0 0 O @ O 3 2m �rn o d 0. r- o Eo>'o CL CL ro.� 2 oai V o 2 � E°� = off .0 UL'a) I.Dl ym � �L m >�E m Q2d• y C o O.0 O L� @ T� C O .J O� O @ @.-Oy] O U '2 N U ?i N C (A N O @ N O.0w 'O -(n a) U L y N a) Q. 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Q CD Com_ G W O C@ p O W p O N 0 Z O Q -O N c m U c C •O NE o c 5 L) c c -USE o c 5° c N LM m jW gc acio�EEc 0o)p)Ec '- LU a' _CD 5 a)Ca E= 3 oca E� c oL a �0 E@3- •O N dE0 a N 'o y mEch0� O. to •O N Q y0 fA N O E m_m N E r E m° N E w E �. �_ _ ._ z m r Z c UUJ m m m m 111 J �] 'O 4. 'o d C •O m C mC O 0 O O E O E O p f 0E°' N E� @ o15 O@ Y o O m O@ U W co o.•o D m o.o U�•'S co ° o UCS U0 m N V C uj N@ '0 p U� tG N p a3 y0 �� �mO_ E oN a) @° Sf U yC o @ m O a N 2 c, Q i CO N E U° N pEp _N E In `1 O N m O N a) ` U C @E 3 a) =o y g oC � Lm �E-5 cUc a% N - O C �UZ U O MQ NO E a)@ ) O N •C NO ca V5 t5 �3`mo o p�m c°°)ac°i 0 rL O 7 U c J O Z@ m W CA p C m 6 00 U m L 3 O) Y O U G O cu m a) M U (ED d .L@.. C a) O 'O a) IO •S N Q VL•' N L O Q d@ O G h•.N_. d N v7 O N L d e O C'5 Z O U m C O m a N O- E N C w c @C D O D U N @ o moc N CE @ ` a3L r .oc 7) oaa))a'° �. ° N O o> v c N N OlL = LL O O � O O ,11J` 4) r U 0.9 C 0.0— G N 75 O a> U a) 0.O m m cc N N.- `d N U N C O`Q OU @ C U O .L..E E L. G w 2.n U T—w @ N @ UI "O w w C :5 OP C d N E 3 OID E °-^ m CD >�m�oaN)� m � m� @ °E 3 a w mL aw yCL o p° CU rn�� NC: = rm@3mq UQa RC 'No2 ) � aca om c �� m v O a)p LU @ d 16 O a) N@ O' U oE am os� 5m Eam vt w>a@rn. �Qc d F-U°�aL @c U i m y0 m C @ F W-76 > a) C N wo w'@o U° O 0� U E: (D N C"5 C' _ = 7 r D N M M U D M O Cn O CE07 @ U) 14 October 2005 Nancy Fong City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA, 41765-4178 RE: Country Hills Town Center, Diamond Bar Dear Nancy: Kindly accept this letter as MCC's formal response to an outstanding issue related to the parking, and traffic study completed by Linscott Law & Greenspan and independently reviewed by Sasaki Transportation Services. MCC is excited about the prospects of commencing construction in the i near future and revitalizing Diamond Bar's largest neighborhood shopping center. Linscott Law & Greenspan has concluded that the proposed uses and total rentable areas are balanced with the available parking. Sasaki Transportation Services has suggested that an additional 5.0% to 10.0% buffer over peak demand periods should be provided. MCC would like to suggest that the city planners approve Linscott Law & Greenspan's conclusion without any modification. MCC's suggestion is based on the following 1. Linscott Law & Greenspan's conclusion is that the site is `balanced'; and should not be subject to a subjected parking penalty as it should not be subject to a subjective parking bonus. 2. Even if during peak periods, portions of the parking field are full and customers must park and walk to their final shopping destination, this is a preferred shopping experience that both developers and city planners have created in 'life style' centers. The Country Hills Town Center's tenant mix, above standard design elements and layout exemplifies an Asian themed 'life style' center, and would ideally realize a park and walk shopping experience. 3. Traditional shopping experiences have evolved into urban shopping experiences that encourage shoppers to patronize more than one retailer per trip. For instance, shoppers will pick-up a cappuccino prior to heading to the market, bakery and drugstore. Or, by way of another example, a doctor within the medical.office building might invite its staff for lunch at a restaurant within the shopping center. These shopping patterns maximize the efficiency of the existing parking and provides for a parking surplus not accounted for in Linscott Law and Greenspan study. 4. Generally, the Country Hills Town Center is a market/drug anchored neighborhood shopping center with over 1,000 car parking situated on over 18 acres of land. A neighborhood shopping center with over 1,000 car parking is considered to have an abundance of parking (its one of Country Hills Town Center's most attractive features). Most neighborhood shopping centers are situated on 8 to 12 acres of land with parking counts ranging between 450 to 600 cars. Exhibit "C" — Applicant's response letter CUP 2004-01/DR 2004-1 WAR 2004-02 Nancy Fong City of Diamond Bar 14 October 2005 page 2 Kindly let me know if the above reasons to accept and support Linscott Laws & Greenspan's parking conclusion are satisfactory with the planners of the City of Diamond Bar. Respectfully yours, Michael D. McCarthy MCC Realty Investments Copy: Glenn Pierce (both via email) Richard Barretto Exhibit "D" — Summary of Traffic Impact & Shared Parking Analysis CUP 2004-01/DR 2004-19NAR 2004-02 14.0 SUMMARY OF FINDINGS AND CONCLUSIONS Project Description —Country Hills Towne Center is an existing mixed-use center with approximately 169,777 square -feet (SF) of retail/commercial/entertainment floor area. The existing retail center is located west of Diamond Bar Boulevard, between Cold Springs Lane and Fountain Springs Road in the City of Diamond Bar, California. As of January 2004, the occupied development at Country Hills Towne Center consists of approximately 114,795 SF of GLA (68% occupied), consisting of 83,856 SF of retail/commercial space, a 23,574 SF theatre and 7,365 SF day care center. The vacant floor area totaled 54,982 SF of GLA (32% vacant). The proposed expansion project includes the construction of a four-story, 49,100 SF medical office building, a new two-story 12,408 SF restaurant/office building, and demolition of a 7,365 SF day care center and 10,034 SF retail building. At completion of the proposed project, the Country Hills Towne Center will have an overall floor area of 221,083 SF and 1,003 parking spaces, with approximately 4,000 SF of outdoor dining area. ® Study Scope — The following intersections were selected for detailed peak hour level of service analyses under Existing (Year 2003) Traffic Conditions, Year 2006 Cumulative Traffic Conditions without and with Project Traffic, and Year 2016 Cumulative Traffic Conditions without and with Project Traffic: 1. Brea Canyon Road (West) at Pathfinder Road 2. SR -57 SB Ramps at Pathfinder Road (CMP intersection) 3. SR -57 NB Ramps at Pathfinder Road (CMP intersection) 4. Brea Canyon Road (East) -Fern Hollow Drive at Pathfinder Road 5. Diamond Bar Boulevard at Pathfinder Road 6. Diamond Bar Boulevard at Shadow Canyon Drive 7. Diamond Bar Boulevard at Fountain Springs Road 8. Diamond Bar Boulevard at Sugarpine Place 9. Diamond Bar Boulevard at Cold Springs Lane 10. Brea Canyon Road at Diamond Bar Boulevard The analysis is focused on assessing potential traffic impacts during the morning and evening commute peak hours (between 7:00-9:00 AM, and 4:00-6:00 PM) on a typical weekday. ® Level of Service (LDS) Standards and Significant Impact Criteria - Impacts to local and regional transportation systems are considered significant if: ➢ An undesirable peak hour Level of Service (LOS) (i.e. LOS E or F) at any of the key intersections is projected. The City of Diamond Bar considers LOS D (ICU = 0.801 - 0.900) to be the minimum desirable LOS for all intersections; and ➢ The project increases traffic demand at the key signalized study intersection by 2% of capacity (ICU increase >— 0.020), causing or worsening LOS E or F (ICU > 0.901). LiNScon, LAW & GREENSPAN, engineers 42 LLG Ref. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar K 250) 1042536 Rq,un 2336 Fig l c ­.n, inn, T.,,, �, r.,I«, TIA t:_2cc,5 d.,,: Existing Traffic Conditions — Three of the 10 key study intersections currently operate at an adverse service level during the AM and/or PM peak hour based on the City's LOS standards. This intersection is are reported below: Key Intersection AM Peak Hour PM Peak Hour 1. Brea Canyon Road (W)/Pathfinder Rd — LOS E Brea Canyon (E)-Fem Hollow/ LOS E 4" Pathfinder Rd 10. Brea Canyon Rd/Diamond Bar Blvd LOS E The remaining seven key study intersections currently operate at LOS D or better during the AM and PM commuter peak hours. • Project Trip Generation - The Country Hills Towne Center Expansion project, when compared to the.trip generation potential of exiting occupied floor area at the center, is expected to generate an additional 3,275 daily trips, with 99 more trips produced in the AM peak hour and 262 more trips produced in the PM peak hour on a "typical" weekday. • Year 2006 Cumulative Traffic Conditions — An analysis of future (Year 2006) background traffic conditions indicates that cumulative traffic will impact the following four intersections. Key Intersection AM Peak Hour PM Peak Hour 1. Brea Canyon Road (W)/Pathfinder Rd -- LOS E 4. Brea Canyon (E)-Fem Hollow/Pathfinder LOS E -- 5. Diamond Bar Blvd/Pathfinder Rd LOS E — 10. Brea Canyon Rd/Diamond Bar Blvd LOS E LOS E The remaining six key study intersections are expected to continue to operate at adequate service levels (LOS D or better) during the weekday AM and PM peak commute hours. • Year 2006 Cumulative Traffic Conditions Plus Project — The results of the traffic analysis indicates that the project traffic will not significantly impact any of the 10 study intersections when compared to the City's LOS standards and significant impact criteria defined in this report. • Year 2016 Cumulative Traffic Conditions — Five of the 10 study intersections are projected to operate poorly under Year 2016 cumulative traffic conditions. These intersections, reported below, are forecast to operate at a poor LOS during the peak hour indicated. Key Intersection 1. Brea Canyon Rd (W)/Pathfinder Rd Brea Canyon Rd (E)/Fem Hollow - Pathfinder Rd 5. Diamond Bar Blvd/Pathfinder Rd 9. Diamond Bar Blvd/Cold Spring Lane 10. Brea Canyon Rd/Diamond Bar Blvd AM Peak Hour PM Peak Hour -- LOS F LOS E -- LOS F LOS F - LOS E LOS F LOS F tJNSCOTT, taW & Gnlllspm, engineers 43 LLG Ref. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar N_,350p._Yi42536%R,I n 2.536 Fi-I Glum,} Hin. T--t'--TIA--.i-.4D5 J,e The remaining five key study intersections are forecast to operate at LOS D or better during the commuter peak hours. ® Year 2016 Cumulative Traffic Conditions Plus Project — The results of the traffic analysis indicates that project traffic will contribute to the degradation of the following five intersections forecast to operate at apoor LOS in the Year 2016, -but only significantly impact one, Diamond Bar Boulevard at Cold Springs Lane. Key Intersection 1. Brea Canyon Rd (W)/Pathfinder Rd Brea Canyon Rd (E)/Fem Hollow - 4' Pathfinder Rd 5. Diamond Bar Blvd/Pathfinder Rd 9. Diamond Bar Blvd/Cold Spring Lane 10.Brea Canyon Rd/Diamond Bar Blvd , AM Peak Hour PM Peak Hour -- LOS F LOS E - LOS F LOS F -- LOS E LOS_F LOS F However, the implementation of recommended cumulative improvements at the five impacted intersections will ensure acceptable service levels are achieved. ® Project Fair -Share Contribution: Per the City of Diamond Bar requirements, the Country Hills Towne Center Expansion project can be expected to pay a proportional "fair -share" of the improvement costs of these intersections to offset its long-term cumulative traffic impacts. The project's "fair -share" contribution towards the costs to construction of improvements recommended at the five intersections listed below totals $79,593.79. Totals $1,476,313.00 $79,593.79 a CMP Compliance Assessment. No significant transportation impacts are expected to occur on the Los Angeles County Congestion Management Program roadway network due to the development and full occupancy of the proposed expansion project. Lwscom LAw & GREENSPAN, engineers 44 LLG Per, 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar N :?5(@i'M'5%6 R,po,f_556 Fine (':,.n,iry Hill, To -,c TIA ; -u05 M,c Project Fair - Cost of Share Key Intersection Improvement Contribution 1. Brea Canyon Rd (W)/Pathfinder Rd $258,875.00 $6,471.88 Brea Canyon Rd (E)/Fern Hollow- 4 Pathfinder Rd $37,500.00 $3,225.00 5. Diamond Bar Blvd/Pathfinder Rd $520,813.00 $33,332.03 9_ Diamond Bar Blvd/Cold Spring Lane $18,750.00 $2,625.00 10. Brea Canyon R/Diamond Bar Blvd $640.375.00 $33.939.88 Totals $1,476,313.00 $79,593.79 a CMP Compliance Assessment. No significant transportation impacts are expected to occur on the Los Angeles County Congestion Management Program roadway network due to the development and full occupancy of the proposed expansion project. Lwscom LAw & GREENSPAN, engineers 44 LLG Per, 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar N :?5(@i'M'5%6 R,po,f_556 Fine (':,.n,iry Hill, To -,c TIA ; -u05 M,c • City Code Parking Requirements — The required number of parking spaces for the Country Hills Towne Center after completion of the proposed expansion plan, based on City parking code, total 1,219 spaces. With a proposed parking supply of 1,003 parking spaces, the Country Hills Towne Center project does not meet the parking code requirement of 1,219 spaces resulting in a total theoretical parking deficiency of 216 spaces. • Shared Parking Analysis Results — The results of the shared parking analysis, which is based on the ULI Shared Parking methodology, validate that the proposed parking supply will provide adequate parking at the Country Hills Towne Center during the peak hours of a "typical" weekday and weekend day. During the weekday peak hour, a peak -parking requirement of 1,002 parking spaces is projected; the peak -parking requirement during the weekend peak hour totals 844 parking spaces. With a planned parking supply of 1,002 parking spaces, a surplus of 1 parking space and 159 parking spaces is projected at the project site during the weekday and weekend peak hour, respectively. LINSCOTT, LAW & GREENSPAN, engineers 45 LLG ReE 2-04-2536 Country Hills Towne Center Expansion. Diamond Bar N..,5G4'_Oa_5 W Reil— 1536 Fi„ai ('6- 11,1 Hills T,...u. (l,ncr TI \ :-5-21r, d„c 9.0 AREA -WIDE TRAFFIC IMPROVEMENTS For those intersections where future traffic volumes are expected to result in poor operating conditions, this report identifies planned/recommended roadway improvements that change the intersection geometry to increase capacity. These capacity improvements involve roadway re - striping to reconfigure (add Lanes) to specific approaches of a key intersection. The identified improvements are expected to: mitigate the impact of area -wide deficiencies, and/or improve Levels of Service to an acceptable range. 9.1 Recommended Cumulative Improvements The improvements summarized in Table 9-1 are recommended to mitigate the cumulative traffic impact of existing traffic, future non -project (ambient growth and cumulative projects) traffic and project traffic (discussed in detail in Section 8.2.2). The Country Hills Towne Center Expansion project can be expected to pay a fair -share of the construction costs to_implement these mitigation measures. Review of Table 9-1 shows that the improvements necessary for the long-term (Year 2016) at the intersections of Brea Canyon Road (West) at Pathfinder Road, Brea Canyon Road (East) -Fern Hollow at Pathfinder Road, Diamond Bar Boulevard at Pathfinder Road, Diamond Bar Boulevard at Cold Springs Lane, and Brea Canyon Road at Diamond Bar Boulevard will cost roughly $1,476,313.00 to constructlimplement. Appendix D includes the cost estimate calculation worksheets prepared for each of the recommended cumulative improvements. LJNScorr, LAW & GREENSPAN, engineers 28 LLG Rer. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar 25'00 • 42.,16%Rel. st 2510 Fi,,A ('omni) Hill; r1.1 7-+5_1pp5 J,,c TABLE 9-1 SUMMARY OF RECOMMENDED IMPROVEMENTS AND COST ESTIMATES Key Intersection Improvement Description tCost Estimate 1. Brea Canyon Road (West) at Widen andior restripe Pathfinder Road to provide a second $258,875.00 Pathfinder Road eastbound left -turn lane and a second westbound right -turn lane. The implementation of this improvement may require some modification to existing traffic signal equipment (i.e. re-cut/install new vehicle loop detectors, modification to traffic signal controller). 4. Brea Canyon Road (East) Fern Restripe westbound approach and departure on Pathfinder $37,500.00 Hollow at Pathfinder Road Road to provide a third through lane. Restripe southbound approach on Fern Hollow to provide an option left -through - right -turn lane and a separate right -turn lane. The implementation of this improvement may require some modification to existing traffic signal equipment (i.e. re- cuttinstall new vehicle loop detectors, modification to traffic signal controller), as well as the restriction of on - street parking. 5. Diamond Bar Boulevard at Restripe northbound approach and departure on Diamond $520,813.00 Pathfinder Road Bar Boulevard to provide a third through lane, and restripe existing bike lane as necessary. Widen and restdpe southbound approach and departure on Diamond Bar Boulevard to provide a second right -tum lane and a third through lane. The implementation of this improvement may require some modification to existing traffic signal equipment (i.e. re-cut/install new vehicle loop detectors, modification to traffic signal controller), as well as the termination of the existing bike lane. 9. Diamond Bar Boulevard at Restripe northbound approach and departure on Diamond $18,750.00 Cold Spring Lane Bar Boulevard to provide a third through lane. The implementation of this improvement may require some modification to existing traffic signal equipment (i.e. re- cutlinstall new vehicle loop detectors, modification to traffic signal controller), as well as the termination of the existing bike lane. 10. Brea Canyon Road at Diamond Widen and/or restripe northbound approach on Brea $640,375.00 Bar Boulevard Canyon Road to provide a second right -tum lane. Widen and/or street eastbound approach and departure on Diamond Bar Boulevard to a third through lane. Restripe westbound approach on Diamond Bar Boulevard to provide a second left -tum lane. The implementation of this improvement may require some modification to existing traffic signal equipment (i.e. re-cut/install new vehicle loop detectors, modification to traffic signal controller), as well as the termination of the existing bike lane. Total Costs of Recommended Improvements $1,476,313.00 29 LLG Ref. 2-04-2536 LINSCe'ff, LnW & GflEENSPAN, engineers CountryCountry Hills Towne Center Expansion, Diamond Bar 15 !6 final (',.unlry Hill: To,— Corm T1.% 10.0 PROJECT FAIR -SHARE CONTRIBUTION The transportation impacts associated with the Country Hills Towne Center Expansion project were determined based on both a near-term (Year 2006) and long-term (Year 2016) traffic analysis. As summarized in Tables 8-1 and 8-2, the proposed expansion project will significantly impact only one intersection, but contribute, on a cumulative basis, to the forecast poor service levels at four additional intersections. As such, the Country Hills Towne Center Expansion project can be expected to pay a proportional "fair -share" of the improvement costs of the impacted intersections where improvements are recommended to mitigate area -wide deficiencies. Table 10-1 presents the project's fair -share contribution of the cost to construct the recommended improvements at the five study intersections projected to operate at LOS E or F in the Year 2016. These fair share calculations are based on the recommended methodology contained in the City of Diamond Guidelines for the Preparation of Traffic Impact Analysis Report. As presented in this table, the first catunin (a) presents the project -related peak hour traffic. The e second column (2) presents total related project's traffic:- The third column (3) represents what percentage of total new peak hour (project plus related projects) traffic is project -related traffic. Columns (4) and (5) present the cost of the recommended improvements, and the project's fair -share contribution. Review of Table 10-1 shows that the Country Hills Towne Center Expansion project's fair share contribution towards recommended intersections improvements totals $79,593.79. LINSGOn', Law & GREENSPAN, engineers 30 LLG Ref. 2-04-25M Country Hills Towne Center Expansion, Diamond Bar 2100 2041iM Rg,at''--SSS Fi-I Co -t,, Hilt To—, ('c, a Tl.\ : 2;-'_G05 dt 00 CD O rl) O CD O 0o DO T [ C v N v O � M o NM Vi bD ' m •� o 0 0 SCC io 10 64 M FH til M N Ff? Cl) M Q� t� 7 m 69 a� b b 69 H4 C. �i n+ 5 fii .c 0 W m 0 fA U L � Ol �U 0 0> a � p O O O O cz O m Cl In m Coo vi Y00'1 cr*l h O. b O 7 U O d 69 51 69 � d "d ,bo � aH 0 o Vi bD ' m •� o 0 0 o a A C v ri1 vi �O 7 m b a� b b V N ,0 �i n+ 5 fii .c 0 W m 0 fA U L � Ol 0> � a U o m o r v w cc C W r�.r H Vl d' M M �+ p O W � OC e^y et y co V rn r M .�-i A M W d ...+ ^y u a r N V .--i ,� if W �en ." 2 a. a LL a U LU u V ON CD C�4 N U1 C>SON "d ,bo 0 m o b vH A C Wm o •i b a� b b ami a�>i ,0 �i n+ 5 fii .c 0 W m 0 fA 0 py .d 0> U o 13.0 PARKING SUPPLY -DEMAND ANALYSIS Analyzing the supply -demand relationship of Country Hills Towne Center involves determining the parking needs in relation to the existing and/or future parking supply. In general, there are two methods that can be used to determine the parking demand. These are: 1) application of City code parking requirements (which typically treats each use as a "stand alone" use at maximum demand); and 2) analysis of shared parking usage patterns over time (which recognizes that the parking demand for each use varies by time of day, day of week, and month of year). The shared parking methodology is certainly applicable to a development such as the Country Hills Towne Center, as the individual land uses (i.e., retail, restaurant, office, etc.) experience peak demands at different times of the day. 13.1 City Code Parking Analysis As a veinhi ,ark, *he .umber of parking spaces required to support the. Country Hills Towne Center; after completion of the propose expansion plan, was first conducted by using the parking codes per Chapter 22.30 Off -Street Parking and Loading Standards of the City of Diamond Bar Municipal Code and comparing it to the proposed parking supply provided by the project as indicated in the site plan. 13.1.1 Proposed Parking Supply Based on information provided in the proposed project site plan, a total of 1,003 parking spaces would be provided on surface lots located throughout the site. 13.1.2 Proposed Project Parking Requirements The City's parking code (Section 23.30.040) for existing and proposed land uses of the Country Hills Towne Center is as follows: ® Shopping centers (shall use unsegregated parking area): 1 space for each 200 SF of gross floor area for centers of less than 20,000 SF and 1 space for each 250 SF of gross floor area for centers of 20,000 to 50,000 SF, and 1 space for each 300 SF of gross floor area for centers over 50,000 SF, plus 1 space for each 1,000 SF of outdoor display area. ® Restaurants (except fast-food): 1 space for each 75 SF of gross floor area for patrons, plus 1 space for each 300 SF of service area, plus 1 space for each 100 SF of outdoor dining area. ® Restaurants, fast-food: 1 space for each 100 SF of gross floor area, plus 1 space for each 100 SF of outdoor dining area. ® Offices, administrative, corporate: 1 space for each 400 SF of gross floor area. ® Clinics, medicat/dental offices: 1 space for each 250 SF of gross floor area Limon, LAw & GREENSPAN, engineers 35 LLG R.E. 2-04-2534 CountTy Hills Towne Center Expansion, Diamdnd Bar N _;qp _04`i3o Rq-,-_5�6 Finvl ('�,unu, Hills T, ., ('c T I A 7-23-20C,3 dv� The City parking codes were applied to the proposed project development tabulation and Table I3-1 summarizes the parking requirements for the Country Hills Towne Center after completion of the proposed expansion plan. As shown, direct application of the City's code to the proposed development results in a code -parking requirement of 1,219 spaces. With a proposed parking supply of 1,003 spaces, the Country Hills Towne Center project exceeds the parking code requirement of 1,219 spaces resulting in a total potential deficiency of 216 spaces. These parking requirements reflect the total parking demand of the center assuming each use is a "freestanding" development at maximum demand and does not consider the "sharing" of parking spaces or time of day parking demand needs. UNSCCTT, LAW & GREENSPAN, engineers 36 LLG ReE 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar N .+iC^N'liJ?ji6.Rela�rt .: tp Finul C'.i,nui u Hill.; T--('[,- TI:\ i..j.?oU5 d.•c TABLE 13-1 CITY CODE PARKING REQUIREMENTS13 Source: City of Diamond Bar Municipal Code, Section 22.30.040. — Number of Parking Spaces required. 14 Restaurant floor area consists of approximately 37,365 SF of gross floor area dedicated to patrons, and 16,014 SF of service area. Approximately 4,000 SF of outdoor dining area is provided/proposed. LINSeoTT, LAW & GREENSPAN, engineers 37 LLG Ref. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar N: 2j1)q._p4:535 Rgoa 25:6 Fhul ('.,u Hills T,,—� (o-. T1:1 dx Square -feet of Gross Floor City of Diamond Bar Spaces Project Description Area (SF—GFA Code Parking Ratio Required Major Tenants, Retail Shops, Office/ 1 space per 300 SF — GFA for centers Medical Suites, Bank, etc. 90,614 SF over 50,000 SF, plus 1 space for each 302 1,000 SF of outdoor display area 1 space per 75 SF — GFA for patrons, Restaurants with 4,000 SF of outdoor 53379 SF 14 plus 1 space per 300 SF of service area, 591 dining g area , plus 1 space per 100 SF of outdoor P P dining area Fast -Food 7,990 SF 1 space per 100 SF — GFA, plus 1 space 80 for each 100 SF of outdoor dining area AAA DB District Office 20,000 SF 1 space per 400 SF - GFA 50 Proposed Medical Office Building 49,100 SF 1 space per 250 SF - GFA 196 Total Floor Area: 221,083 SF Total Code Parking Requirement: 1,219 Proposed Parking Supply: 1,003 Parking Surplus/Deficiency (+/-): -216 Source: City of Diamond Bar Municipal Code, Section 22.30.040. — Number of Parking Spaces required. 14 Restaurant floor area consists of approximately 37,365 SF of gross floor area dedicated to patrons, and 16,014 SF of service area. Approximately 4,000 SF of outdoor dining area is provided/proposed. LINSeoTT, LAW & GREENSPAN, engineers 37 LLG Ref. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar N: 2j1)q._p4:535 Rgoa 25:6 Fhul ('.,u Hills T,,—� (o-. T1:1 dx 13.2 Shared Parking Analysis 13.2.1 Shared Parking Rationale and Basis Accumulated experience in parking demand characteristics indicates that a mixing of land uses results in an overall parking need that is less than the sum of the individual peak requirements for each land use. Due to the proposed mixed-use characteristics of the Country Hills Towne Center, opportunities to share parking can be expected. The objective of this shared parking analysis is to project the peak parking requirements for the project based on the combined demand patterns of different land uses at the site. Shared Parking calculations recognize that different uses often experience individual peak parking demands at different times of day, or days of the week, or even months of the year. When uses share a common parking footprint, the total number of spaces needed to support the collective whole is determined by adding parking profiles (by time of day, week, and year), rather than individual peak ratios as represented in Chapter 22.30 Off -Street Parking and Loading Standards of the City of Diamond Bar Municipal Code. There is an important common element between the traditional "code" and the Shared Parking calculation methodologies; the peak parking ratios, or "highpoint" for each land use's parking profile, typically equals the "code" parking ratio for that use. The analytical procedures for Shared Parking Analyses are well documented in the. Shared Parking publication by the Urban Land Institute (ULI). Shared parking calculations for the Country Hills Towne Center utilize peak parking ratios and hourly parking accumulations developed from field studies of single developments in free-standing settings, where travel by private auto is maximized. These characteristics permit the means for calculating peak parking needs when land use types are combined. Further, the shared parking approach will result, at other than peak parking demand times, in an excess amount of spaces that will service the overall needs of the Country Hills Towne Center. 13.2.2 Shared Parking Analysis Procedure The proposed Shared Parking calculation procedure for the Country Hills Towne Center is as follows: 1. Identify the land uses and quantities (floor area, theater seats, restaurant square -footage etc.), within the Country Hills Towne Center to be utilized in the Shared Parking model. 2. Determine the peak -parking requirement for each land use component based on factors from the City's Parking Code. 3. If necessary, adjust parking demand component for seasonal variation (i.e. different use peak at during different months of the year). LWscom Law & GREENSPAN, engineers 38 LLG W. 2-04-2536 Country Hills Towne Center Expansion, Diamond Bar N 25,)(204'516 Rq,o-2536 Fin 1 C-1111. Hill: T,,.,,, l'nnn TLl _i-'Cn?i.dnc 4. Adjust for any parking supply component that will be unavailable for sharing. Examples are spaces that will be exclusively dedicated and/or accessible by only one use type. 5. Determine the total demand for the site, by time of day, based on the summation of the demand profiles developed by the Urban Land Institute (ULI) and published in Shared Parking. Isolate the maximum demand level between 6:00 AM and Midnight. This maximum demand level is the minimum standard for sizing (in terms of spaces) the parking supply for that study area. 13.2.3 Shared Parking Analysis Results Tables 13-2 and 13-3 present the weekday and weekend parking demand for the Country Hills Towne Center, respectively. Columns (1) through (5) of these tables present the parking accumulation characteristics and parking demand of the Country Hills Towne Center project for the hours of 6:00 AM to midnight. Column (6) presents the expected joint -use parking demand for the entire site on an hourly basis, while Column (7) summarizes the hourly parking surplus/deficiency for the proposed project compared to a parking supply of 1,003 spaces. Note that the sizing (floor area or number of seats) of each component, and recommended parking ratios are included in the tabular headings of each type. Based on our experience, the shared parking approach summarized in Tables 13-2 and 13-3 are believed to be the most appropriate in evaluating the parking supply -demand relationships for the Country Hills Towne Center. The results in these tables are the focus of this parking investigation and recommendations. As shown in Table 13-2, the peak midday use parking requirement for the proposed project during a weekday totals 1,002 spaces and occurs at 1:00 PM. The peak evening parking demand during a weekday, which occurs at 7:00 PM, totals 945 spaces. Based on the proposed parking supply of 1,003 spaces, a surplus of 1 space would result during the peak hour of a "typical' weekday. Table 13-3 presents the hourly shared parking demand forecast on a weekend day at completion of the project. As shown, the peak weekend midday use parking demand for the project is expected to occur at 2:00 PM, when a parking demand of 673 spaces is forecast. The peak weekend night use parking demand, which occurs at 8:00 PM, is 844 spaces. With a proposed parking supply of 1,003 spaces, a surplus of 159 spaces is forecast during the peak hour of a "typical' weekend. LINscm, LAW & GREENSPAN, engineers 39 LLC Ref. 2.04-2536 Country Hills Towne Center Expansion, Diamond Bar `7::1,300 3942D61R pon'536 Final Co -try Hills T,-- C:.— TI.A 7-25= UV.i,ax u N N J Z a 0 Z tu w 0 O Y W W 7 ^� m O c N m ti (� � q uXi U F x 0 U u L+ d I'D _M • ON�O T b M �D N W W N O N Q\ r N Ch M .-+ N �. U r -• r 00 7 O r 00 Q, N O N O O O,0. ,O W N .-• M d' ,O c yGy 2 M M M M M M M M M M M M M M M M M M U d 0 ca o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ci 0 C C 0 0 0 0 0 0 �y tl a� — .-— — — .-i .-i .--� — — UJ 00 tC GN-. ON Cf M N O O M ♦p �y y+ r LN N d• N ,O 00 N O r O\ O, r o0 00 O, O\ OO h N M H N Q aA r/MMt0 ,O O ON Nmry Fo. 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A O a N N N N m to vl vl �n M 'd v CQ R 01 d �aM� MO[ R d R iA, E o 0 o e o 4 0 0 0 0 0 0 0 n n noon opv, 0 0 0 no U 'n 4, u oNm c0000v m<r7trv�ornC2, 6% r- � o A u w Uj O 0 � R O 7.. 4 zpym O� (� O ['� I" N vl Mvl V' V' N N N N 0 0 0 0 N b y O V G V R o D O O O 9 O O O O O O O O O o O D O V V �..� d �My M M m M 0 0 0 0 N R y ry)N M W � V d O "�' V p yR O O h h N N N h 10 .--� O U "� M N N 00 O O C- N m 00 M ' 'O _ � O� N O M p �y ❑. -+ N N N M M N N +-� �-+ .-. .-. y i 'yy E O O M kn Vi p C:, O N vl O to O m M d •R y „7y cn 0 R O M SRL oq qw R W a paaaaaaNawaacx7 �va� Hw00000000S0000000��a a N O �D h DO Ql 'Z ^' N c�i V �„ b h GG Q, -- I� E2 PLANNING COMMISSION RESOLUTION NO. 2005-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 TO THE CITY COUNCIL. THE REQUEST IS FOR THE RENOVATION OF THE EXISTING SHOPPING CENTER AND THE CONSTRUCTION OF A TWO-STORY OFFICE/RESTAURANT BUILDING AND A THREE STORY MEDICAL OFFICE BUILDING TOTALING 221,083 SQUARE FEET; THE VARIANCE IS TO INCREASE THE BUILDING HEIGHT FOR THE MAIN RETAIL BUILDING FROM 35 FEET TO 40 FEET, THE TWO STORY BUILDING FROM 35 FEET TO 40 FEET AND THE THREE STORY BUILDING FROM 35 FEET TO 54 FEET; AND MAKING FINDINGS IN SUPPORT THEREOF; THE SITE IS 18.36 ACRES, IN THE COMMERICAL DISTRICT, AND LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA;—APN: 8285-020-31 THROUGH 51. A. RECITALS The applicant, Michael McCarthy of Country Hills DB, LLC, has filed applications for Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and Variance requests shall be referred to as the "Application." 2. On September 23, 2005, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, received public testimony and continued the public hearing to November 8, 2005 regular meeting. 4. At the continued public hearing of November 8, 2005, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above referenced meeting on October 25, 2005, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. (b) To the north and south of the property are existing single family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and the Zone is Neighborhood Commercial. Concurrent with the Application, a Zone Change No. 2004-01 from Neighborhood Commercial to Community Commercial is requested. (d) The Application with its site plans, building design, landscaping, and grading together with the conditions of approval and the mitigation are in conformance with the General Plan, the Development Code and the Design Guidelines. (e) The Application and the intended use together with all conditions of approval and the mitigation will not be detrimental to the health, safety, or welfare or materially injurious to properties and improvements in the vicinity. (f) The Application has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) section 15070. The 2 Planning Commission Resolution No. 2005-37 Mitigated Negative Declaration review period began September 23, 2005, and ended October 25, 2005. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. The Planning Commission hereby specifically finds and determined that having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the proposed project herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Conditional Use Permit (a) The proposed use is allowed within the subject zoning district with approval of a conditional use permit and complies with all other applicable provisions of this development code and the Municipal Code. Concurrently with the Application, the applicant requested for a Zone Change from Neighborhood Commercial (C-1) to Community Commercial (C-2). The development and renovation of the shopping center requires a Conditional Use Permit. The existing and proposed uses for the shopping center such as the future market, existing drug store, restaurants, retail uses, spa, medical office and office uses, are all allowed under the Community Commercial (C-2) zone. The existing and proposed uses in the shopping center will comply with all applicable provisions of the Development Code and the Municipal Code. (b) The proposed use is consistent with the General Plan and the Development Code. Economic Development is a goal of the General Plan. The proposed project will implement this goal. The proposed project is consistent with the Diamond Bar Development Code. Planning Commission Resolution No. 2005-37 (c) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The shopping center was originally constructed in the 1970's and renovated in the late 1950's before the incorporation of the City. The existing businesses such as the drug store, the restaurants, retail shops, etc., will remain in place. The proposed new uses such as a market for the major tenant, medial offices, offices, more restaurants and retail uses will add to the diversity of shopping and services for the surrounding residents. The existing and proposed uses will be compatible with the existing and future land uses in the vicinity. The proposed project will promote the aesthetics of the physical environment and adds to the economic and social character of the City. (d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The subject site is an existing shopping center with access off Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. The site with its renovation of the shopping center and the development of the two new buildings continued to be physically suitable for existing uses and the types of uses being proposed. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting this conditional use permit will improve the property and add value to the City in general. (f) The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQA) 15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and 4 Planning Commission Resolution No. 2005-37 traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The design and layout of the proposed project, the new design of the facade for the existing buildings are consistent with the General Plan, Development Code and Design Guidelines. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed project is to renovate an existing shopping center and the construction of two new office buildings. The design and layout of the existing buildings and the two new office buildings will not interfere with the use and enjoyment of existing surrounding uses. However, the two new office buildings will have an increase in traffic. Based on the mitigation program, the applicant is required to improve the southbound approach on Diamond Bar Boulevard at the intersection of Cold Springs Lane with a re -striping of a third through lane and a contribution of $79,593 for the project's share of the cost in funding future road improvements needed to alleviate cumulate impacts to traffic. The existing access for the shopping center will be improved further to provide for safe pedestrian walkway and address handicap accessibility. (i) The architectural design. of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed renovation together with the new buildings will create an aesthetically pleasing environment. Q) The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its Planning commission Resolution No. 2005-37 neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed design of the building will provide a desirable environment for its occupants and visiting public. The design will encourage the public to visit often, shop and enjoy the aesthetically pleasing environment. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed project will improve the value of the properties and provide positive impact to the City. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. Variance (m) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. The site is unique because it is constrained by a grade difference of more than 20 feet from the street grade of Diamond Bar Boulevard which deters visibility of the center from the street. The existing car wash at the corner of Cold Springs Lane and Diamond Bar Boulevard and the two story office building at the corner of Fountain Springs 6 Planning Commission Resolution No. 2005-37 Road and Diamond Bar Boulevard also contribute to poor visibility of the center. No other existing centers in the City have this visibility problem. The various towers at the main building are more than 200 feet away from the westerly residential area. The two story building at Fountain Springs Road sits 5 feet below street grade. Therefore, the view from the northerly residential area would see only 30 feet in height of the building. The three story medical office building behind the car wash site is 28 feet below Diamond Bar Boulevard street grade and only the third story of the building would be seen from Diamond Bar Boulevard. (n) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. As referenced above in Item (m), granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts. (o) Granting the Variance is consistent with the General Plan and any applicable specific plan. Due to the constraints of the project site being more than 20 feet below Diamond Bar Boulevard street grade, approving this Variance will be consistent with the General Plan, The project area does not have a specific plan. (p) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Approval of the Variance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspection process. (q) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Planning Commission Resolution No. 2005-37 Program, all potential impacts will be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommend approval subject to the following Special Conditions, Standards Conditions and Mitigation attached hereto and incorporate herein: A. General/Planning Division (1) The approval is for Country Hills Town Center totaling 221,083 square feet. The approval includes the renovations. of the fagade for a 45,031 square feet supermarket building; a 21,400 square feet Ride Aide store; 65,154 square feet of existing in-line buildings for retail and restaurant users; a 4,000 square feet of outdoor dinning area; a drive-thru cafe; a new 49,100 square feet three story office/medical office building and a new 12,408 square feet two story building for office and restaurant; the demolition of the existing child care center and a retail building at the south side of the site. (2) Variance No. 2004-02 is approved to increase the building height for the towers of the main retail building from 35 feet to 49 feet; the new two story retail/office building from 35 feet to 40 feet and the new three story medical/office building from 35 feet to 54 feet. (3) The final design of the project entry off Diamond Bar Boulevard shall be subject to Community Development and Public Works Directors review and approval prior to issuance of building permits. The design shall include small flowery trees next to tall palm trees. The palm tree species shall be of canary island date, date palm or king palm. The size of the palm trees shall be a minimum of 10 feet brown trunk. (4) Provide sufficient number of trash enclosure areas subject to the Community Development Director's review and approval prior to issuance of building permit. (5) All shopping carts shall be collected at the end of the business hours and stored inside the building of the supermarket and/or Rite Aide or in an approved outdoor screened area. Planning Commission Resolution No. 2005-37 (6) The maximum square footage for restaurants and outdoor dinning shall not exceed 53,397 square feet. The restaurants square footage does not include the two existing drive-thru fast foods and the drive-thru cafe, the 5,000 square feet designated for food court within the market building, and the in- line food users. In-line food users are defined as "express" fast food with limited seating of up to 14 seats and examples are ice cream shops, bagel shops, donut shops, delicatessens and similar type of fast foods. (7) The keeping of the existing non -conforming pylon sign shall require a new variance application. (8) A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be used and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. (9) Landscaping: The site shall provide as close to 15 percent of the site area for landscaping as possible. Provide tree wells within the parking lot and planted with a small slow growing tree. Provide landscape areas along store frontage for planting of trees. Provide vine pockets in front of building columns. Provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to a breezeway. Detailed design shall be submitted for Planning Division review and approval prior to issuance of building permits. (10) For the tier of parking spaces located north of the central median landscape area, it shall be modified to show landscape areas. Final design subject to Community Development Director review and approval. (11) Add a flat roof tower over the new drive-thru pick up window for the future cafe tenant. Final design subject to Community Development Director review and approval priorto issuance of building permits. (12) The entire length of the west elevation (rear) shall have cornice treatment at the top of the parapet consistent with the design at the east (front) elevation. 9 Planning Commission Resolution No. 2005-37 (13) The renovation of the existing building shall be in substantial construction prior to issuance of building permits for the two- story or the three-story building, whichever occurs first. The market tenant shall have occupancy prior to release of occupancy for the shell building of the two-story or three-story buildings, whichever occur first. (14) (a) The roof screen parapet wall for the two-story and three- story buildings shall be integrated in the design of the buildings. (b) New roof screen wall for screening existing and new roof equipment shall be provided. Design, materials and color of the new screen wall shall be submitted for Community Development Director review and approval prior to issuance of building permits. New screen wall shall be installed prior to occupancy. (15) Submit color and material samples for the project prior to issuance of building permits. (16) The applicant shall redesign and reconstruct the existing community bulletin board within the shopping center. Final design and placement of the community bulletin board shall be subject to Community Development Director review and approval. The community bulletin board shall be completed prior to release of occupancy. (17) Environmental mitigations: (a) The following measures shall be implemented to reduce equipment emissions and limit exposure to diesel particulate emissions: all diesel tucks should be fitted with particulate filters or traps; all construction workers should be advised to wear masks when working near diesel equipment or diesel trucks. (b) If during grading archaeological resources are encountered, construction activities in the area of the find smut be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. 10 Planning Commission Resolution No. 2005-37 (c) If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Las Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the coroner determines that the remains are not recent the coroner will notify the Native American Heritage Commission for consultation. (d) Prior to commencement if demolition, a complete asbestos and lead paint survey shall be conducted on structures to be demolished at Country Hills Towne Center if they have the potential to contain asbestos or lead paint. If asbestos or lead paint materials are present, they will be handled by a trained and licensed asbestos or lead paint abatement contractor and disposed of in compliance with all applicable regulations. (e) Demolition, grading and construction operations shall be in accordance with Development Code section 22.28.120 (1 a) — 7:00 am and 7:00 prn Monday through Saturday. If there are complaints regarding noise or other negative impact to the surrounding residents the demolition, grading and construction operation shall be restricted to within the hours of 7:30 am to 5:30 pm Monday through Friday. (f) Prior to the completion of construction activities, the southbound approach on Diamond Bar Boulevard at the intersection with Cold Springs Lane shall be re -striped to provide a third through lane. (g) Prior to the final certificate of occupancy, the project shall assist the funding of road improvement needed to alleviate cumulative impacts to traffic. A contribution of $79,593.79 represents the project's share of the costs based on it relative contribution to worsening traffic condition. (18) Provide pedestrian connection from the public sidewalk to on- site for Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. 11 Planning Commission Resolution No. 2005-37 (19) Decorative textured pavement shall be provided at project entries (Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road) and across circulation aisles where there is a pedestrian pathway. Decorative textured pavement shall be provided at the terminus of the center landscape median island. Location, design materials and colors for the textured pavement are subject to Community Development Director review and approval. B. Engineering/Public Works (1) A Lot Line Adjustment shall be recorded prior to issuance of building permits for the three story medical office building and the supermarket building. (2) Upgrade the following driveways to current ADA standards: Cold Springs Lane, Diamond Bar Boulevard and Fountain Springs Road. (3) Remove concrete from parkway at Cold Springs Lane and replace with landscaping to match existing parkways to east and west of the project. (4) Eliminate all storm drain/irrigation water discharge through all retaining walls. All on site storm water shall be drained to underground drainage facilities. A drainage plan shall be submitted for Public Works Director review and approval prior to issuance of any permits. (5) Evaluate pavement conditions of the parking lot and implement improvements. Detailed plans shall be submitted for Public Works and Community Development Directors review and approval prior to issuance of any permits. (6) Provide protective fencing or barrier to the property frontage along Diamond Bar Boulevard at the top of the slope (7) Provide separate pedestrian access on Diamond Bar Boulevard and Sugar Pine to the shopping center. The entrance shall be posted to identify the location for ADA accessibility. The final design shall be subjectto City Engineer and Community Development Director review and approval prior to issuance of building permit. (8) Show all utilities on the plans (i.e., Edison power poles along the westerly side of the property.) 12 Planning Commission Resolution No. 2005-37 (9) All parcels within the subdivision shall be annexed into the City Lighting and Landscaping Assessment District No. 38. (10) Submit on-site striping and signing plans for City Engineer review and approval prior to issuance of building permits. The striping for the parking spaces shall consider 90 degree parking angle subject to Community Development Director review and approval. (11) Post signs for No Truck Delivery at the project entry of Fountain Springs Road. C. Fire (1) All required fire hydrants shall be installed and tested and accepted prior to construction. (2) The required fire flow for this development is 5,000 gallons per minute for 5 hours. The water mains in the street fronting this property must be capable of delivering this flow at 20 pounds per square inch residual pressure. (3) Provide the occupancy, type of construction, extent of fire lanes (indicated on the plans by shading or cross hatching), locations and sizes of all fire hydrants within 300 feet of all property lines. (4) Project subject to Fire Code Access Standards. (5) Fire Protection facilities including access must be provided prior to and during construction. (6) Submit architectural drawings, including site plan, floor plan, elevations, door and window schedules to Fire Prevention Engineering at 590 S. Park Avenue, Pomona, CA 91766. D. Building and Safety (1) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. (2) Fire Department approval is required. 13 Planning Commission Resolution No. 2005-37 (3) Submit code analysis and justification showing the following: • Each building square foot • Each building height • Type of construction • Sprinkler system o Each group occupancy • Property line location in relation to each building (side yard) • Exit analysis for each building (occupant load/corridor rating/exit width/exit signs) • Accessibility analysis for the entire site and for each building • Shaft rating/exterior walls construction/opening protection (4) The minimum design load for wind in this area is 80 M.P.H. exposures "C and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature. (5) This project shall comply with the energy conservation requirements of the State of California Energy Commission. (6) This project shall comply with all Title 24 accessibility requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. (7) The project shall be protected by a construction fence and shall comply with the NPDES and BMP requirements. (8) Surface water shall drain away from building at a 2 percent minimum slope. (9) Specific location of tempered glass as required by code. (10) All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. (11) Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 14 Planning Commission Resolution No. 2005-37 BY: The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. APPROVED AND ADOPTED THIS 8th DAY OF NOVEMBER, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Ruth M. Low, Vice Chairperson I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted bythe Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of November, 2005, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Torng, Lee, Nolan, V/C Low None Chair/McManus None Nancy Fong, Secretary 15 Planning Commission Resolution No. 2005-37 DLAXOND BAR rt COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT STANDARD CI (DEVELOPMENT) PROJECT #: CUP 2004-01, DR 2004-19 and VAR 2004-02 SUBJECT: Country Hills Towne Center APPLICANT: Country Hills DB, LLC/Michael McCarthy LOCATION: West of Diamond Bar Blvd., between. Fountain Springs Rd. and Cold Springs Ln. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 brought within the time period provided by Government Code Section 66499.37. In the event the City and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 16 Planning Commission Resolution No. 2005-37 (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. Signed copies of Planning Commission Resolution No. 2005 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the City within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. & Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEESIDEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety, Public Works and Engineering Divisions and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. 17 Planning Commission Resolution No. 2005-37 School fees shall be paid priorto the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permits, whichever come first. 2. All deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval shall expire if building permits are not issued or approved use has not commenced within two years from the date of approval. The applicant may request for a one year time extension subject to Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the City Council including: site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein and Development Code regulations 2. The Mitigation Monitoring Program approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 3. A property management association (HOA) shall be formed. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, parking areas and landscaping shall be provided by CC&R's or deeds and shall be recorded, prior to issuance of building permit. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently prior to the issuance of building permits. 4. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or 18 Planning Commission Resolution No. 2005-37 masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 6. r All lighting fixtures adjacent to interior property lines shall be approved bythe Planning Division as to type, orientation and height. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. 2. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the landscaping and irrigation comply with the approved landscape and irrigation plans. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 19 Planning Commission Resolution No. 2005-37 4. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE ENGINEERING/PUBLIC WORKS DIVISION, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAUSUBDIVISION 1. Prior to final map approval or issuance of building permit, whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. 2. Prior to final map approval or issuance of building permit, whichever comes first, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 3. Prior to final map approval or issuance of building permit, whichever comes first, if any public or private improvements required as part of this project have not been completed by applicant and accepted by the City, applicant shall enter into an agreement with the City and shall post the appropriate security. 4. Cost Estimates for all bond or surety amounts shall be provided by the applicant and approved by the City Engineer. 5. Prior to final map approval or issuance of building permit, whichever comes first, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 6. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 7. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the detailed site plan and grading plan, as approved by the City Engineer. 8. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Division in addition to any other permits required. 20 Planning Commission Resolution No. 2005-37 9. Applicant shall label and delineate on detailed site plan any private drives or fire lanes to the satisfaction of the City Engineer. 10. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 11. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 12. Applicant shall provide digitized information in an Auto CADD format defined by the City for all related plans, at no cost to the City. 13. All activities/improvements proposed forthis project shall be wholly contained within the boundaries of the project. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING 1. No grading or any staging or construction shall be performed prior to issuance of building permits. 2. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday. Dust generated by grading and construction ,activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance and acceptable grading practices. 5. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. 21 Planning Commission Resolution No. 2005-37 6. Priorto issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 7. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 8. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities- respectively. ctivitiesrespectively. 9. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. C. DRAINAGE All drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the County of Los Angeles and all fees required shall be paid by the applicant. D. UTILITIES Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 22 Planning Commission Resolution No. 2005-37 E. SEWERS Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. F. TRAFFIC MITIGATIONS All traffic signals plans and traffic mitigations shall be implemented in accordance with the Traffic Impact Analysis Report by Linscoft, Law & Greenspan engineers dated July 25, 2005, priorto issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909)839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time the application was approved. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. The buildings shall be inspected for compliance prior to occupancy. 3. The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. 4. Fire Department approval is required. 5. All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. 23 Planning Commission Resolution No. 2005-37 6. Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. Retaining wall design and calculations shall be submitted to the Public Works/Engineering division for review and approval concurrently with the grading plan check. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 24 Planning Commission Resolution No. 2005-37 v_ PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 — TEL. (909) 839-7030 — FAX (909) 861-3117 -- w .Cityofl)iamondBarxom AGENDA ITEM NUMBER: 7.4 MEETING DATE: March 28, 2006 REPORT DATE: March 14, 2006 CASETILE NUMBER: Conditional Use Permit No. 2004-01(1) PROJECT LOCATION: West side of Diamond Bar Boulevard, between Cold Springs Lane and Fountain Springs Road APPLICATION REQUEST: To modify conditions of City Council Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01, Development, Review No. 2004-19, and Variance No. 2004-01 to allow: 1. Issuance of a building permit for the two-story retail/office building before the renovation of the existing buildings; and 2. The issuance of a building permit for the three-story medical office building before the occupation and operation of the market PROPERTY OWNERS: Country Hills, DB LLC 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 APPLICANT: Michael McCarthy MCC Realty Management 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 STAFF RECOMENDATION: Recommend for approval to the City Council BACKGROUND: At the November 8, 2005, public hearing, the Planning Commission recommended approval of Conditional Use Permit No. 2004-01, Development Review No. 2004-19, and Variance No. 2004-02 to the City Council for renovation of an existing shopping center and construction of two new buildings on a site located at the intersection of Cold Springs Road and Diamond Bar Boulevard. At the December 6, 2005, public hearing, the City Council adopted Resolution No. 2005-60 approving the project. The Conditional Use Permit approved the renovation of a 45,031 -square -foot supermarket building, 21,400 -square -foot Rite Aide, and 65,154 square feet of in- line buildings for retail and restaurant uses with outdoor dining. The Conditional Use Permit also approved the conversion of an existing building to allow for a new drive- through cafe, demolition of an existing child care center and a retail building at the south side of the site to allow for the construction of a new 49,100 -square -foot three- story medical office building in the same location. Lastly, the Conditional Use Permit approved construction of a 12,408 -square -foot two-story building for office and restaurant uses on the vacant pad at the north side of the site. Variance No. 2004-02 allowed an increase of the height of the proposed towers of the main building from the maximum 35 feet up to 49 feet. Development Review was approved for the project layout, landscaping, design of the facade renovation on the existing main building, the architectural design of the two-story office restaurant building, and the architectural design of the three-story medical/office building. For more information, see the attached Planning Commission and City Council staff reports. ANALYSIS: A. Proposed Amendment: The applicant is proposing to amend Condition No. 5.A (3) of City Council Resolution No. 2005-60. The condition was placed in the resolution to ensure that the anchor market space was occupied before start of construction of the new buildings. The applicant proposes to modify the condition to remove the timing constraints for construction of the two-story office/restaurant building and allow issuance of building permits for construction of the three-story building once the market tenant submits plans for interior remodel. He stated that removing the timing constraints would allow him to relocate existing tenants into the two-story building during renovation of the main in-line building and to speed up the development process to allow completion of the project in 2007. Staff believes that the request to allow construction of the two-story office building before completion of the fagade renovation is reasonable. This would allow for less disruption of the operation of businesses of the existing tenants during the construction process. However, staff recommends that the renovation of the existing buildings from the market tenant through the retail PA building to the building with the new drive-through cafe should be substantially complete before issuance of the final Certificate of Occupancy for the market. Staff recommends that Condition No. 5.A (3) be revised as follows: Existing condition components Revised condition components The renovations of the existing The market building, the inline retail buildings from the market tenant and restaurant buildings, and the drive- through the retail building to the through cafe building shall be submitted building with the new drive- for plan check prior to issuance of through cafe shall be completed permits for the new two-story and prior to issuance of building three-story buildings. permit for the new two story building. The market building, the inline retail and restaurant buildings and the drive- through cafe buildings shall be in substantial construction prior to release of occupancy of the new two-story building. Substantial construction shall mean tower elements are framed and ready for applying surface materials such as stucco and stone veneer. The market tenant shall occupy The market building shall be occupied the building and be in operation and in operation and all site prior to issuance of building improvements completed prior to permit for the new three story release of occupancy for the three-story building. building. Staff believes that the revised condition will allow the existing tenants to occupy the two-story building during construction and allow the construction of the three-story building to begin sooner. At the same time, the revised condition of approval will ensure that the proposed facade and site improvements will be completed and market occupied before the occupancy of the three-story building. B. Environmental Review: The City Council approved a Mitigated Negative Declaration for this project on December 6, 2005. The proposed Modification to the conditions of approval will not create additional environmental impacts over those reviewed in the Mitigated Negative Declaration and will not change the project description from that in the approved Mitigated Negative Declaration. 3 NOTICE OF PUBLIC HEARING: On March 17, 2006, notice of public hearing for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune. In addition public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. Further, the project site was posted with a display board and the public hearing was posted in three public places. RECOMMENDATION: Staff recommends that the Planning Commission conduct a public hearing to review the project and upon conclusion of the public hearing, forward a recommendation of approval to the City Council through the adoption of the attached resolution. Prepared by: Reviewed by: Sandra Campbell Nancy Fong, AICP Senior Contract Planner Interim Community Development Director Attachments: 1. Draft Amended Resolution Recommending Approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19, and Variance No. 2004-01 to City Council. 2. Planning Commission Agenda Report dated November 8, 2005. 3. City Council Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19, and Variance No. 2004-01. 4. Exhibit "A" — Development Plans 5. Exhibit "B" — Proposed Mitigation Program 4 I'DI�hIOlD BAR PLANNING COMMISSION IBENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765 -,TEL (909) 839-7030—FAX (909) 861-3117—www.cityofdiamondbaz.com AGENDA ITEM NUMBER: 7.2 MEETING DATE: September 22, 2009 CASE/FILE NUMBER: Development Review No. 2009-06 and Amendment to Comprehensive Sign Program No. 2006-04 PROJECT LOCATION: Diamond Hills Plaza 21835 and 21335 Cold Spring Lane and 2751 Diamond Bar Blvd. (APN 8285-020-032, 8285-020-033, 8285-020-034 and 8285-020-044) APPLICATION REQUEST: To renovate two existing commercial buildings; to demolish the existing theater building and replace it with a new 14,700 square -foot retail building; and amend the existing Comprehensive Sign Program. ZONING DESIGNATION: Community Commercial (C-2) GENERAL PLAN General Commercial (C) DESIGNATION: PROPERTY OWNERS: Country Hills Holding LLC Bob Poyner 8115 Preston Road, Ste. 400 Dallas, TX 75225 APPLICANT: Ware Malcomb Michael Martin 10 Edelman Irvine, CA 92618 STAFF RECOMMENDATION: Approve, subject to conditions BACKGROUND: A. Site Description Diamond Hills Plaza is located on the west side of Diamond Bar Boulevard, between Cold Spring Lane and Fountain Springs Road. On December 6, 2005, the City Council approved entitlements for a facade renovation and construction of two new buildings for the shopping center. On February 6, 2007, the City Council approved a Comprehensive Sign Program and associated entitlements. The staff reports and resolutions approving the Development Review and Comprehensive Sign Program are provided under Attachment 4. B. Project Description The applicant requests approval for the following: • Development Review: o Renovation of the two buildings on the south end of the Diamond Hills Plaza which was not part of the center's recent renovation (day care building and adjacent multi -tenant building). Originally these buildings were proposed to be demolished and replaced with two new 2 and 3 -story buildings. o Demolish the existing theater building at the north end of the center and construct a new 14,700 square foot multi -tenant retail building in its place. • Comprehensive Sign Program Amendment: o Subdivide the lower sign panels on the freestanding entry sign to increase the number of tenants that can be identified o Increase the height of the freestanding monument signs along Diamond Bar Boulevard twenty (20) inches so that all sign panels are visible to the street o Change the background color of the freestanding signs to off-white to allow for improved readability o Replace the existing 48 inch high directional signs that identify five (5) tenants with new 70 inch high direction signs that identify up to 18 tenants ANALYSIS: A. Review Authority (Diamond Bar Municipal Code Chapter 22.48 and Section 22.36.060) Commercial development projects require Planning Commission approval of a Development Review application. Revisions to an approved comprehensive sign Page 2 DR 2009-06 and CSP 2009-06AMD program that deviate from the original approval required planning commission approval. B. Development Review (Section 22.48): New Construction: The theater building located at the north end of the shopping center will be demolished to allow for the construction of a new multi -tenant building. Although the exterior shell of the theater body was remodeled, its reuse was ultimately found to be infeasible. The new building will incorporate the colors and materials of the existing center, including a new tower on the north end that is proportionate to the building and complimentary to the design of the towers on the existing buildings. The area in front of the theaterwill have seating areas and landscaping to provide an outdoor space for the public. 2. Renovations: The two buildings located on the south end of Diamond Hills Plaza will be renovated to match the renovations that were completed throughout most of the center in 2006. The renovations to the day care building involve the construction of a new tower on the north elevation, adding stone veneer to the facade, changing the roofing material to match the existing center and matching all colors of the newly renovated center. The multi -tenant building will also be renovated to match the existing center, including colors, materials and a tower on the east elevation. The north elevation of the multi -tenant building requires additional architectural relief, such as a spandrel glass panel on the blank wall, and additional stone wainscot. A condition of approval has been included requiring the applicant to work with the Planning Division to provide these necessary details. Once complete, these renovations will finalize the renovation of the shopping center. 3. Pedestrian Access: The renovations to the existing buildings will entail construction of new pedestrian pathways to provide easy access throughout the center. The new pedestrian pathways will make it easier for the public to access all areas of the center, creating a more walkable and pedestrian friendly shopping center. 4. Landscaping: The existing landscaping will be enhanced to compliment the landscaping throughout the center. The increase of landscaping along Cold Spring Lane and around the two buildings to be renovated, including new trees, shrubbery and ground cover; will assist in screening the playground of the day care area from the street. Additionally, the increase in landscape density along Cold Spring Lane will lessen the impact of the day care building to the street. The proposed renovations to the building do not include the removal of the mansard roof, but rather the replacement of roof materials. While the mansard roof is not the best design feature, the landscape screening reduces the visibility from the street, and maintains a lower profile building. Page 3 DR 2009-06 and CSP 2009-06AMD 5. Parking Analysis: The renovation of the center that was approved in 2006 included a shared parking analysis. The analysis found that adequate parking was provided to support the center. The renovation of the day care building and muti-tenant building result in a smaller parking demand that was originally needed when new medical and office buildings were proposed in their place. Therefore, staff continues to find that the parking that is provided meets the demands of the center. C. Comprehensive Sign Program Amendment (Section 22.36.060) The amendment to the sign program will allow for additional business identification along Diamond Bar Boulevard and provide more wayfinding signage to assist vehicles in navigating the center. The increase in height of the monument signs along Diamond Bar Boulevard will allow for the signage to be visible over the landscaping that has matured around the signs, and provide additional visibility to vehicular and pedestrian traffic. E. General Plan Design Guidelines and Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The proposed project will not negatively affect the existing surrounding land uses, and the design and appearance of the proposed commercial development and renovation is compatible with the existing shopping center and surrounding community. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site, and the notice was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on September 11, 2009. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301 (Existing Facilities) and Article 19 Section 15302(b) (Replacement or Reconstruction) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Development Review No. 2009-06 and the Amendment to Comprehensive Sign Program Page 4 DR 2009-06 and CSP 2009-06AMD No. 2006-04 based on the findings set forth under Section 22.48.040 and Section 22.48.060 of the Development Code, subject to conditions. Prepared by: Reviewed by Katherine Laufenburger Senior Planner Attachments: Greg Gubman, AICP Community Development Director 1. Draft Resolution of Approval for DR 2009-06 2. Draft Resolution of Approval for Amendment to CSP 2006-04 3. Aerial Photo 4. City Council Staff Reports and Resolutions for Development Review 2004-19 and Comprehensive Sign Program 2006-04. 5. Site plan, floor plans and elevations 6. Amended Comprehensive Sign Program 2006-04 Page 5 DR 2009-06 and CSP 2009-06AMD PLANNING COMMISSION RESOLUTION NO. 2006-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF A MODIFICATION TO CONDITION NO. 5.A(3) OF CITY COUNCIL RESOLUTION NO. 2005-60 APPROVING CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 TO THE CITY COUNCIL. A. RECITALS The applicant, Michael McCarthy of Country Hills DB, LLC, has filed an application for a Modification to condition no. 5.A(3) of City Council Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject request to modify the conditions of approval of City Council Resolution No. 2005-60 shall be referred to as the "Application." 2. On March 17, 2006, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. In addition, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. At the public hearing of March 28, 2006, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW; THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above referenced meeting on March 28, 2006, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. (b) To the north and south of the property are existing single-family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and the Zone is Community Commercial. (d) The Application is in conformance with the General Plan, the Development Code, and the Design Guidelines. (e) The Application will not. be detrimental to the health, safety, or welfare or materially injurious to properties and improvements in the vicinity. (f) The Application has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) section 15070. A Mitigated Negative Declaration was approved for the project on December 6, 2005. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Conditional Use Permit (a) The proposed use is allowed within the subject zoning district with approval of a conditional use permit and complies with all other applicable provisions of this development code and the Municipal Code. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the use as approved by City Council Resolution 2005-60. Therefore, the proposed modification is consistent with the subject zoning and complies with the zoning district and all other applicable provisions of the development code and Municipal Code. Planning Commission Resolution No. 2006-13 (b) The proposed use is consistent with the General Plan and the Development Code. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the use as approved by City Council Resolution 2005-60. Therefore, the proposed modification not affect the project's consistency with the General Plan and Development Code. (c) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the use as approved by City Council Resolution 2005-60. Therefore, the proposed modification not affect the design, location, size and operating characteristics of the uses approved under City Council Resolution No. 2005-60. (d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the project approved by City Council Resolution 2005-60. Therefore, granting the modification not affect the physical suitability of the project for the proposed site. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting the modification will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting this modification will improve the operation of the existing businesses by allowing them to relocate into the new two-story building while construction is taking place and will ensure that all of the project improvements approved under City Council Resolution No. 2005-60 will be completed in a timely manner. 3 Planning Commission Resolution No. 2006-13 (f) The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQA) 15070. A Mitigated Negative Declaration for the project was previously approved by the City Council. The granting of the modification will not change the project description or cause additional environmental impacts over those reviewed in the approved Mitigated Negative Declaration. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The proposed modification to City Council Condition no. 5.A(3) will not change the design and layout of the proposed project, the design of the facade for the existing buildings as approved under City Council Resolution No. 2005-60 and, therefore, is consistent with the General Plan, Development Code and Design Guidelines. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not affect the design and layout of the project approved by City Council Resolution 2005-60. Therefore, the proposed modification will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. (i) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed modification will not result in a change to the architectural design of the development project approved by City Council Resolution No. 2005-60. 4 Planning Commission Resolution No. 2006-13 Q) The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed modification will not result in a change to the architectural design of the development project approved by City Council Resolution No. 2005-60. Therefore, the proposed modification will not conflict with the requirement to provide a desirable environment for occupants and visiting public. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule that will allow the continued operation of the existing on-site business with less disruption from the proposed construction. Therefore, the proposed modification will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. A Mitigated Negative Declaration was approved for the project on December 6, 2005, finding that with mitigation the project, with the implementation of mitigation measures, will not result in potentially significant impact to air quality, cultural resources, hazardous materials, noise and traffic/transportation. The proposed modification will not change the approved project description or create additional environmental impacts. Variance (m) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. 5 Planning Commission Resolution No. 2006-13 The proposed modification will result in a change in the timing of construction of the approved project and will not change the circumstances applicable to the site or the project description. Therefore, proposed modification will not be contrary to the finding that there are special circumstances applicable to the property as determined by City Council Resolution No. 2005-60. (n) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. The proposed modification will result in a change in the timing of construction of the approved project and will not change the project description. Therefore, proposed modification will not be contrary to the finding that the. variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance was granted. (o) Granting the Variance is consistent with the General Plan and any applicable specific plan. The proposed modification will result in a change in the timing of construction of the approved project and will not change the project description or the circumstances applicable to the site. Therefore, granting of the modification will not be contrary to the finding that the variance is consistent with the General Plan. The project area does not have a specific plan. (p) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Approval of the Modification affects only the timing of the construction and not the circumstances which warranted the variance. Therefore, the proposed modification would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspection process. (q) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. Planning Commission Resolution No. 2006-13 A Mitigated Negative Declaration was approved for the project on December 6, 2005, finding that the project with the implementation of mitigation measures, will not result in potentially significant impact to air quality, cultural resources, hazardous materials, noise and traffic/transportation. The proposed modification will not change the approved project description or create _additional environmental impacts. 4. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends approval of the following revision to City Council Condition No. 5.A(3) approved under and subject to all of the other Special Conditions, Standard Conditions, and Mitigated in attached City Council Resolution No. 2005-60: A. General/Planning Division (3) The market building, the inline retail and restaurant buildings, and the drive-through cafe building shall be submitted for plan check prior to issuance of permits for the new two-story and three-story buildings. The market building, the inline retail and restaurant buildings and the drive-through cafe buildings shall be in substantial construction prior to release of occupancy of the new two-story building. Substantial construction shall mean tower elements are framed and ready for applying surface materials such as stucco and stone veneer. The market building shall be occupied and in operation and all site improvements completed prior to release of occupancy for the three-story building. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. 7 Planning Commission Resolution No. 2006-13 APPROVED AND ADOPTED THIS 8th DAY OF NOVEMBER, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of March 2006, by the following vote: AYES: Commissioners: VC/Nelson, Everett, Lee, Torng, Chair/McManus. NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: None. 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