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Home My WebLink About04/22/19967:Oo P.M. South -Coast Air Quality Management Auditorium 21865 East Copley Drive Diamond Bar, California District Mike Gbldenberg Joe Ruzicka FhnkHn Fong • McManus - o Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title II 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 accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bax uses recycled paper and encourages you to do the same. CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA Monday, April 8, 1996 Next Resolution No. 96-2 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE-. 1. ROLL CALL: COMMISSIONERS: Chairman Mike Goldenberg, Vice Chairman Joe Ruzicka, Franklin Fong, Joe McManus and Don Schad 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. 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: 3.1 Minutes of April 8, 1996 4. OLD BUSINESS: 4.1 Planning Commission Policies & Procedures Manual 5. NEW BUSINESS: . 6. PUBLIC HEARING: None 7. PLANNING COMMISSION ITEMS: 8. INFORMATIONAL ITEMS: 8.1 Development Code Status Report 9. ADJOURNMENT: May 13, 1996 1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION 40- APRIL Be 1996 A& A t$ CALL TO ORDER: 40t Chairman Goldenberg called the meeting to order at 7:02 p.m. at the South Coast Air *Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. I PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by C/Schad. ROLL CALL: - Present: Chairman Goldenberg, Vice Chairman Ruzicka, Commissioners. Schad, and McManus. Also Present: Community Development Director James DeStefano; Senior Planner Catherine Johnson; Assistant Planner Ann Lungu, and Recording Secre tary Carol Dennis. Commissioner Fong arrived at 7:07 p.m. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Al Rumpilla, 23895 Golden Springs Drive, congratulated the Commissioners on their appointments and stated he looks forward to their continuing good work. Craig Clute, 21217 Fountain springs Road, requested an update on the LA Cellular installation at Diamond Bar High School. He further requested information regarding the enforcement of possible Conditional Use Permit violations. He asked for an update on the formulation of 'the City's Development Code. Mr. Clute responded to Chair/Goldenberg that he would rather not comment on specific CUP violations at this time. CDD/De8tefano responded to Mr. Clute that the LA Cellular tower monopole project was approved approximately six months ago by the previous. Planning commission for installation along Brea Canyon Road adjacent to the Diamond Bar High School football stadium. He indicated this item will not be returned to the Planning commission for further review. LA Cellular is presently finalizing their work with the Walnut- Valley Unif ied School District'. LA Cellular is awaiting approval from the California State Architects office in or ' der to place the antenna on the site utilizing the proposed design. Upon installation, LA Cellular will deal with the landscape issues on Brea -Canyon Road and around the corner and back up to some of the homes along Fountain Springs Road. LA Cellular has responded to staff that they want to relandscape the hill along.Brea Canyon Road as requested by Mr. Clute. They wish to accomplish this landscaping in the most cost efficient and maintenance free manner as possible. The school district is responsible for, the maintenance and upkeep of the. school April 8, 1996 property.- CDD/DeStefano indicated the receiving device will be placed on one of the approximate 100 foot light poles which is currently used for lighting the football field. He indicated there are plan drawings on file with the City if the Commission wishes to further review the project. CDD/DeStefano responded to Mr. Clute that the City staff is responsible for Conditional Use Permit compliance. The staff regularly follows up to determine that the conditions of a CUP are being met by the applicant. If compliance does not occur, staff notifies the applicant/owner of the apparent violation. If the violation is not brought into compliance within a reasonable time period, staff can seek modification to the CUP or, depending upon the grievance, seek revocation of the Conditional Use Permit. In most cases, the applicant will make the corrections at the demand of the Planning Commission. In addition, the Planning Commission has the authority to modify the conditions. If a citizen perceives non- compliance, he/she can bring the matter before the Planning Commission or to the City's staff. In either event; the City's staff is responsible for implementation and compliance of all conditions. CDD/DeStefano responded to Mr. Clute that Diamond Bar adopted the Los Angeles County Development Code upon incorporation in 1989. The City has not been able to create a Development Code because the City has not had a General Plan from which to implement the City's development philosophy. With the defeat of Measure D, the City has some assurance that the development philosophy as set forth by the adopted General Plan can now be invoked. Therefore, the City is now embarking upon a process to craft a new Development Code. The City recently issued a Request for Proposal which was distributed to 14 consulting firms which are known to be well qualified in the creation of development codes for communities like, Diamond Bar. The proposal is for a joint collaborative with the City staff. The process for creation of a Development Code will likely take 18 months to conclude and will include a public hearing process and a public workshop process. The process will include legal and technical .staff participation. The proposals are due back to the City by April 15. An Award of Project recommendation is proposed for the City Council meeting of May 21 and, upon approval, the City staff will immediately commence the project. CDD/DeStefano responded to C/McManus that the creation of the Development Code will be a joint effort between the consultant, the City staff, the Planning Commission and the City Council. The process will be similar to the process utilized for the creation of the General Plan. CDD/DeStefano responded to Mr. Clute that the LA Cellular project will be reviewed by the City's Building and Safety April 8, 1996 Page 3 Planning Department for- construction plan check and construction inspection. The second phase of the approval is the implementation of the Conditional Use Permit which was approved by the previous Planning Commission. The implementation of the CUP which will incorporate the conditions (' including landscaping) of installation and compliance in accordance with the Commission approval. C/Schad stated that other cellular companies wish to utilize the LA Cellular tower for communications. He indicated that, as he recalled, multiple use by different companies was included in the approval of the tower. The difficulty with the LA Cellular project is due to the curvature of the SR 57 and the hills blocking the line of site transmission. CONSENT CALENDAR: 1. Minutes of March 25, 1996. VC/Ruz icka requested that the first sentence of Paragraph 5 on Page 2 be changed to include the following: "of their own school work" so that the sentence now reads: IIVC/Ruzicka -feels additional time spent on Commission work would be detrimental to high school student's performance of their own school work unless their participation was prescribed by, and guided by, the school district." VC/Ruzicka stated that he understands that the minutes of the Planning Commission should not be verbatim, however, he requested that his verbatim response to the City Council request regarding the "Discussion of ex -officio youth members on city Commissions" be included with the minutes. C/Fong requested that the second paragraph, Page 3 be changed to read as follows: "C/Fong stated he was not involved in the prior discussion involving an ex -officio youth member participating on the Planning Commission. He feels it is not practical to have a Planning commission, City Council or other Commissions attempt to be made up of different -people to' represent all respective groups of society." Chair/Goldenberg stated he would like to have a.copy of his verbatim comments regarding the discussion of ex - officio youth members on City Commissions attached to the minutes. VC/Ruzicka made a motion, seconded by C/McManus to approve the minutes as changed. The -motion was approved 5-0. 'pril s, 1996 Page 4 Planning Commission OLD BUSINESS -,None NEW BUSINESS Cont. . 1. Discussion Of meeting day and time. CDD/DeStefano stated the Planning Commissioners have indicated a desire to discuss the possibility of changing the Planning Commission meeting day. If the Commission wishes to change the meeting day or time, a resolution will have to be passed. SCAQMD has responded to City staff that beginning in may, the 'auditorium is available the second and fourth Tuesdays from 7:00 p.m*. to 11:00 p.m. If the Planning Commission wishes to retain the second and fourth Monday meeting day and change the time, a resolution would be required. C/Schad requested the Planning commission continue with the second and fourth Monday meeting schedule.. He indicated he has other commitments which would conflict with a change in the meeting day. VC/Ruzicka state -he hat by moving the meeting day from Monday to Tuesda he staff would have more time to compile materials for the proposed Development Code and the Commissioners would have extra time to study the material prior to the meeting day. C/Fong stated he prefers the Planning commission remain as it is currently scheduled. He indicated he has a prior commitment for Tuesday evenings. In his opinion, a Monday night meeting is not a problem for the City staff. CDD/DeStefano responded to Chai r/Goldenberg that the Planning commission is required to hold at least one meeting per month. When and' where is the decision of the Planning commission. With respect to the staff, Monday nights are difficult only in the sense that with the delivery of the packets on Thursday night, there may be a limited amount of time for the Commissioners to review the material since weekends are usually devoted to family events. He indicated that, in, his experience, Commissions have more commonly held meetings on Tuesdays or Wednesdays which gives participants additional time to review packet materials. However, if the Commission wishes to have additional time to review material, staff can move packet delivery up a day or so earlier. Chair/Goldenberg suggested that because some x Commissioners*havA1or commitments, that the Planning commission revis he eeting day and time issue prior to the fourth quart the year. W'ma April 81 1996 Page 5 Planning Commiszi�-V.- Chair/Goldenberg requested the meeting day and time discussion be tabled to the.fourth quarter of 1996 and requested staff to again agendize the matter for a later meeting. Without objections, the Commission concurred. PUBLIC HEARING - None pLANNING.coMMISSION ITEMS - None INFORMATIONAL ITEMS: A. Update on Code Enforcement Issues - Emerald Point Apartments. dDD/DeStefano referred the Commissioners to the memorandum contained in the packet updating the Code Enforcement status. He indicated the Code Enforcement staff is working with the property owner to resolve the compliance issues for removal of signs and banners from the property. B. Traffic Study for Quail Summit Drive/Rolling Knoll Drive/Country View Drive. CDD/DeStef ano stated that the Neighborhood Traffic Study process will begin at the Traffic and Transportation Commission level on April 11. The matter will come before the Planning Commission for review and then be referred to the City Council for ultimate disposition. This study may or may not result in additional stop signs and other* traffic mitigation devices which have been requested by the residents. C. Water line on Brea Canyon Road between Pathfinder Road and Golden Springs Drive. CDD/DeStefano stated the water line was designed for the Arciero project and the school district project. CDD/DeStefano responded to C/McManus that the City responds to Code Enforcement issues. Complaint forms are completed and filed by staff. CDD/DeStefano responded to C/McManus that in November or December of 1995, the City Council allocated $10,000 toward the 'traffic study for Quail Summit Drive/Rolling Knoll Drive/Country View Drive.. Chair/Goldenberg reiterated his suggestion that the Diamond Bar Community Volunteer Patrol members could be trained to look for code violations and report to the City or to the Sheriff's Department. He stated he has made this suggestion to the city Council numerous times and would like a response. A.-ril 8l 1996 CDD/DeStefano responded to Chair/Goldenberg that he does not know the City's philosophy regarding the utilization of the Volunteer Patrol. He stated he will find out and report back to the Commission. C/Schad suggested the City provide better, communication tools for the Volunteer Patrol. Chair/Goldenberg responded to C/Schad that the Volunteer Patrol has a portable cellular telephone and a permanent cellular telephone installed in one vehicle. There was a problem with the portable- cellular telephone battery which has been cured. ANNOUNCEMENTS - None _r f Os) "t �,,, I VC/Ruzicka made a motion, seconded by C/McManus to adjourn the meeting. There being no objections, the motion was so ordered. Chairman Goldenberg declared the meeting adjourned at 7:50 p.m. Respectfully Submitted, James DeStefano Community Development Director Attest: Michael Goldenberg Chairman INTEROFFICE MEMORANDUM TO: Chairman and Planning commissioners FROM: Ann J. Lunqu, Assistant Planner SUBJECT: Revised Planning commission Policies and Procedures Manual DATE: April 16, 1996 At the March 11, 1996 meeting, the Commission, received a Planning Commission Policies and Procedures Manual dated December, 1993 and City of Diamond Bar Planning Commission Handbook dated March, 1996 from City Attorney Michael Jenkins. Attached is a revised Planning commission Policies and Procedures Manual dated April 22; 1996. This revised manual incorporates sections (Limits on Collecting Evidence Outside the Hearinct, California Environmental Quality Act Reauired Procedures, Importance of Findings in Quasi -Judicial Action, Preparation of Findings: A Question of Timing, Summary: Bridging the Gap, Specific Action, and Compensation I Travel Expenses) and other general language throughout the manual from the City Attorney's handbook and the Commission's manual dated. December, 1993. Although not all-inclusive, the revised manual contains information that will be helpful to the you during your tenure. Please review the revised manual which will be considered for adoption at the April 22, 1996 Planning Commission meeting by resolution. Attachments: 1 Draft Resolution adopting the Planning Commission Policies and Procedures Manual; 2. Planning Commission Policies and Procedures Manual. April 22,19% SUBJECT PAGE Introduction ............................................... 1 Community Development ................................. 1 General Information ........................................ 3 History of Diamond Bar .......................:........ 3 Diamond Bar Form of Government 3 CityAdvisory Bodies .................................. 4 CityStaff ............................................. 4 Planning Commission Membership and Operations .............. 5 Purpose ............................................... 5 Responsibilities ..... ................................ : 5 Membership ............................................ 5. Effectiveness......................................... 6 Officers ............................................... 8 Quorum...... ..................................... 8 Agendas For Meetings .................................. 9 Meetings .............................................. 10 Motions .... .. ....... ........ 11 Limits on Collecting Evidence Outside the Hearing ..... 13 Adjourned Meetings .................................... 13 SpecialMeetings ... ............ ....................... 13 Study Sessions 13 Minutes .... .... 14 Planning Commission Recommendations ...... ............14 Relations With City Council, Other Commissions, Committees, and Staff ................... 14 Relations With Public 15 Brown Act ... .... 16 California Environmental Quality Act Required Procedures ............................... 17 Importance of Findings in Quasi - Judicial Action ... 23 Topanga: The Cornerstone for Findings ............ 23 Circumstances Requiring Findings 24 Preparation of Findings: A Question of Timing ..... 25 Summary: Bridging the Gap 26 April 1996 Specific Action ...................................... 27 .Conditional Use Permit ............ 27 Variance ........................... ...... 27 Tentative Tract Map or Parcel-Map ................. 28 ZoneChange ...................................... 28 Compensation/Travel Expenses .......................... 28 Conflict.Of Interest .............. 29 Disqualification From Commission Decisions ............ 32 Summary .................................................... 33 Apr i L 1996 0441)ZION 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 City Council on specific issues and problems. In certain situations, the commissions are empowered to make decisions, subject to appeal to the City Council. The primary objective of this manual 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 tar 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 towardscommon 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. Community Development The Community Development Department is responsible , for the functions related to current and advanced planning, building and safety, code enforcement, economic development and Community Development Block Grant (CDBG) administration. Two divisions constitute the Community Development Department - Planning Division and Building and Safety 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 also responsible for the advancement and April 1996 1 administration. of economic development and CDBG programs. it updates and.maintains records for the general public and coordinates projects and programs with other governmental agencies. 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. J April 1996 2 GENERAL INFORMATION History of Diamond Bar. As with many southern California communities, Diamond Bar's recorded history began with a 4,340 acre Spanish land 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 to establish 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 of some 74,000 people. The first model homes were built at the north end of town 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 miles. Diamond Barts Form of Government The City of Diamond Bar was incorporated April 18, 1989 as, a general- law city with a I 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 Barts organizational structure consists of a mayor and a mayor pro -tem selected by the City Council. The mayor is the presiding officer of the City Council for a period of one year, with the mayor pro -tem as the positions backup. Due to the complexity, diversity, and quantity of issues facing. the City Council, commissions are asked for input in the decision making process. Apri t 1996 3 City Advisory Bodies 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, weigh public opinion, and examine issues thoroughly in order to make a recommendation to the City Council. Citv Staff 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 department heads and employees to provide services to the community. City Clerk has the responsibility of conducting a municipal election, providing administrative support to the City Council, and recording their actions and maintaining records for review. The City Clerk is also the Records Supervisor. Departments consist of Finance, Community Development, Public Works,. Building and safety, and Community Services. The City contracts for Police, Fire, and Building and Safety Services. Department Directors and contractors Manager. The City Manager guides the the City Council's direction. April 1996 4 are responsible to the City work of all departments by PLANNING COMMISSION MEMBERSHIP AND OPERATIONS I a Mf*= The purpose of the Planning Commission, generally, is to set board policy in preparation of the 'General Plan which is a comprehen- sive, 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. Responsibilities 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, reversions 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. i 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 functions and area of responsibility of the Planning Commission; a readiness to devote time and effort to carrying out the duties and responsibilities of a commissioner; a willingness to be aware of and understand the policies of the City Council. Each commissioner is appointed by one member of the City Council and confirmed by a City Council majority vote. However, should a April 1996 5 Council member fail to make an appointment within 30 days of the vacancy in question, a Council majority vote shall appoint to fill the vacancy. 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 the 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 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. Effectiveness 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. Apositive climate encourages member involvement and responsibility to take action., optimum participationis 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 April 1996 6 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 adversaries in one room, the possibility of uncontrolled conflict is very high. As Commissioners your role is to guide conflict to positive results, not to eliminate it. The following suggestions should help manage conflict and confrontation effectively. 1. 2. 3. 4. Study your agenda and do your homework prior to the meeting so you can concentrate on the dynamics of the meeting. Treat all sides fairly. Set the rules of the hearing early and make sure everyone follows them without exception. Explain carefully the purpose of the public hearing and what action is expected at the conclusion of the hearing. Insistence on playing by the rules is your best tool for.conflict management in the public hearing. 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 information, 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. The purpose of a hearing 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 i ' ndividual desires concerning the proposal. Commissioners.should not express their views on the proposal until after testimony has ended. Comments and questions should not suggest a bias position. 11. 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 April 1996 7 goal to have a successful public hearing. Everyone should feel fairly treated and believe the Commission had all the facts, was open in its deliberations and acted accordingly. No one person dominated the meeting and there was sufficient time for all to speak. No one will leave the meeting feeling disenfranchised. Officers The Planning Commission should, at its first regular meeting in March of each calendar year, elect a chairperson and vice chairperson from among its members for a term of one year. The Commission may create 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 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/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 Rules of Order. If necessary 4 Sergeant of 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. uorum 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 April 1996 8 regular or special 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, he/she 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 Prior to cancelled or rescheduled date;. 2. Send out written notices to all affected 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. Aaendas for Meeting 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 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. f. Every agenda must provide an opportunity for the public to address the April 1996 9 commission. Meetings All Planning Commission meetings must be open to the public in ac cordance with the Brown Act, thelocalgovernment open meeting law. Every regular - � i deting'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 Monday of each month at 7:00 p.m. in the Auditorium at the offices of the South Coast Air Quality Management. District located at 21865 Copley Drive. The meeting time and place may be changed with 24- hour notice duly given to the public and media (to accommodate specific needs). 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 time and place of the hearing and a reasonable opportunity to be'heard. They maybe represent 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 ain 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 present the staff report, followed by Commissioners' questions relating to the report. Proponents 'should then be given the opportunity to present their case first. this is followed by an Apr i 1 1996 10 opportunity for opponents to present their case.* Proponents can then present their rebuttal to those points present 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 hearing is reopened at the same .meeting it was closed and before the Commission has taken up another matter. Commissioners may, then discuss the proposal and take action on the proposal.. Motions When'.a Commiss . ion6r 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 motion with "I move ...... If;, 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 11 Are.you ready for the question?" or VVIS 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 motion, the Commissioner making themotion may rephrase or withdraw it. The consent of the second is not required. After. the motion has been stated by the Chairpersont 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. 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 on. 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 April 1996 11 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 step is 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 one of the Commissioners 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 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. April 1996 12 Limitations on Collecting Evidence outside 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 hearing. For example, the Commissioners may find it desirable to visit the site that is the subject of an application before the Commission. So long as the Commissioner indicates on the record that he/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. Theymay 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 and place of the special meeting Only matters specified in the notice may be considered pursuant to Section .54956 of the California Government Code. StudySessions Study sessions or "work sessions" are usually informal, though public. They are usually scheduled as Adjourned regular meetings and have a separate agenda. April 1996 13 Minutes 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 then kept as, the official record -for the Plannin -9 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 action of the Commission. Additions and corrections of the minutes may be,made only in public meetings, with the approval of the body and not by the private request of individual members. Planning Commissions 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, Other Commissions, Committees, and Staff 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 to 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 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. April 1996 14 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 Or its members 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 allocatetheir time and efforts. However, the Commission should set priorities for their own agendas. It is not exp . ected that every staff recommendation will be approved. Based - on the technical knowledge of staff, consideration should be given to their recommendations. After a staff recommendation is made, the Commission may or may not agree. 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 withthePublic 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. 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 ally interests, attitudes and differences of opinion. Members should take care. to observe the appearance and the principle of impartiality. April 1996 15 The Commission should ensure that rules and procedures are clear to the public in public meetings. Commissioners will defer to the Chair and try to avoid speaker -to -audience conversation. .The purposed of hearing the public is usually to help the Commission, act, not to 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 to * the public on matters that have not been presented before the, entire Commission. They should be aware that any statements or opinions made to members of'the media 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 to be members of and spokesperson for the official city family. Since policy decisions are the sole responsibility of the City Council, 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 Commissionerfs responsibility to advocate his or her position on a policy matter prior to the decision on an official policy. Brown Act The stated requirements for a regular meeting time and a well. publicized notice of any special meeting are necessary to implement the right of citizens 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 commissionst 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 an 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 April 1996 16 informed so that they may retain control over the instruments they have created." (Government Code, Title 5. Section 54950) The provisions of the Brown Act may apply to meetings of less than qu . orum committees of boards or commissions but not to social gatherings where no action is taken or commitment made related to City affairs. Responsibility to know current Brown Act revisions rests with each Commissioner. California Environmental Quality Act Required Procedures In I 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. . X. Project application received. (a) Staff decides whether *the proposed activity is subject to CEQA or exempt. (1) "Exempt"' means' within the definition of "project"' or that it is ministerial, and emergency project or categorically exempt. (b) An exempt project requires on further action.under the CEQA. (1) The applicant should be notified of the determination. (State Guidelines, 815374 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. 2. Project is subject to CEQA. (a) To determine if a project may . have a I significant effect on the environment, staff conducts and prepares a written Initial Study. (1) Initial Study consist of a completed Environmental Checklist plus staff's analysis of environmental effects. (b) After determining that an Initial Study is to be prepared, staff consults informally with -other agencies having jurisdiction over the project as to whether an Environmental Impact Report (EIR) or April 1996 17 Negative Declaration declaring the project will not have significant environmental impacts should be prepared. .(I) 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 y 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 appli- .cation 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 than an EIR or Negative Declaration will be required. 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, following procedures in number 4. (b) If the project may still result in one or -more significant environmental effects after mitigation measures are added, following procedures in number 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. 4. Initial Study indicates that the project will not have a significant effect on the environment: April 1996 18 5. (a) Staff.prepares a proposed.Negative Declaration (in accordance with State Guidelines SS150701 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) 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 at least 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 must send a copy of the proposed Negative Declaration to these agencies. (d) If the project is of statewide, regional, or area wide significance, the proposed Negative Declaration must be sent. " to the State 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 develop/ applicant agrees) .from the date the project application was determined "complete". Negative Declaration preparation. (a) Planning Commission or Council must review and consider the Initial Study, proposed Negative April 1'996 19 Declaration, any comments received and staff's analysis of those comments and approve or disapprove the Negative Declaration or 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 'certif ied.-- (2) If the Commission finds thait 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 agrees) from the date the Negative Declaration is adopted; otherwise the project may be automatically approved by operation of law. .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. 7. There is or may still be a significant effect. (a) A draft EIR must be prepared (State Guideline §15064). (-b) A drift 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). 8. EIR preparation. (a) The City must sent, by certified mail, a Notice of Preparation (NOP). to each agency with jurisi- dicti6n.dver 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 April 1996 20 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 in which to respond and the draft EIR cannot be circulated for review and comment until that time has lapsed' (State Guidelines S15082). 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. If the project . is one of statewide, regional or area wide significance, the draft EIR must also be sent to the State Clearinghousafor review. (1) A minimum 45 day public review period is required. lo. 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 S§15087 and 15202). 11. Final EIR. (a) Staff assembles the final EIR. (1) Draft EIR plus public and other comments and responses to significant issues raised in the comments. Apr i 1 1996 21 (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. 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 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 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 3 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 outweighs the unavoidable adverse environmental effects. This finding is commonly referred to a 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 Apri L 1996 22 application within -six months of the date the EIR is certified or the proJect may be approved by operation of law. 13. If Commission approves a project for which and EIR was prepared. (a) If the Commission approves 'the project, 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 approvaly , from a state agency * c the NOD must also be filed with the Secretary for, Resources (State Guidelines §15094). 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 is appropriate for a 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. 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. Purpose The Topanga court outlined four purposes for making findings, two of which are relevant mainly to the, decision-making process, and the other two relevant to judicial review functions. April 1996, 23 Findings should: 1. Provide a framework for making principled decisions, enhancing the integrity of the administrative process; 2.1 Help make analysis orderly and reduce the likelihood that the agency will randomly leap from evidence to conclusions; 3. Enable the parties to determine whether and on what basis they should seek judicial review and remedy; and, 4. Apprise a reviewing court of the basis for the agency's action. 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 (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 I or general plan amendment may be specific to a particular parcel, it is still, a legislative egislative 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 April 1996 24 Costa Mesa [1980] 28 Cal.3d 511, 514; Karlson v. City of Camatilto [1980] 100 Cal.App.3d 789, 799). Preparation of Findincrs: A Question of Timincf 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 fare 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 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 ime 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. April 1996 25 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 staffs 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 decisi6n-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 reasonable manner, based upon articulated reasons which in turn are based upon the evidence in the record. summary: 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 April 1996 26 S21081 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 decidion-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 I of regulating land use. specific 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. 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 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 April 1996 27 .1 1 vicinity and the same zone Variance will not constitute district; and (3) 'granting of the 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 generaland 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. 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 act , ion 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. CompensationlTravel 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 April 1996 28 seminars., conferences or training courses approved by the City Council. The expenses may be advance to Commissioners or otherwise paid to them, in accordance with. established City Council policies. Conflict of Interest Government Code Sections 87100, at 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 atinancial interest in a decision within the meaning of section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on: (a) Any business entity in which the public official has a direct or indirect investment worth more than $1,000.001 (b) Any real property in which the public official has a direct or indirect interest worth more than $1,000.00; (c) Any source of income, other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $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; (d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management; for purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a - business entity or trust in which the official, the official's agent, spouse, or April 1996 29 dependent children own directly, indirectly, or beneficially a 10 percent interest or greater. , 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 o adecision that in indirectly affected by a decision; . (e) The effect of a decision is material as to real property in which an official has a direct,. indirect or beneficial ownership interest (not including a leasehold interest), if any of the following applies: (1) The real property in which the official_ has an interest, or any part of that real property, is located within a 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; (2) The decision involves construction of, or improvements to, streets, water, sewer, storm drainage or similar facilities, and the real property in which the 'official has an interest will receive new or substantially improved services; (3) The real property in which the official has an interest is located outside a radius of 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:. (A) $10,000.00 or more on the fair market value of the real property in which the official has an interest; or (B) Will affect the rental value of the property ' by $1,000.00 or more per 12 month period. ' (f) The reasonably foreseeable effect of a decision in 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 April 1996 30 boundaries (or the proposed boundaries) of the property which is the subject of the decision; unless: (1)' 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 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 (2) Either of the following apply: (A) 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 (B) There are not at least 10 properties under separate ownership within a 2,500 foot radius of the property in which the official has and 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 Commission 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 whoare required by Government Code Section 87200 to file a state. disclosing investments and interests in real property. The City Clerk will Apr i L 1996 31 provide the Commissioners with the disclosure report forms. These disclosure statements ments must be filed shortly after a commissioner is sworn into office and by April Ist of each following year that the commissioner remain in office. The originals of these forms are then forwarded by the City Clerk to the Fair Political Practices Commission. Disqualification From Commission 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 a Commissioner 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. April 1996 32 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 ri 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 I appropriate representation. April 1996 33 A. INT PLANNING COMMISSION lop RESOLUTION NO. 96-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR ESTABLISHING A PLANNING COMMISSION POLICIES AND PROCEDURES MANUAL. 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, responsibil- ities, 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. 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 and Procedures Manual adopted December 13, 1993. 3. The adoption of the Planning Commission -Policies and Procedures Manual dated April 22, 1996 shall supersede, the Planning Commission Policies and Procedures Manual dated December 13, 1993. 4. The Planning Commission shall following the policies and procedures listed within the manual dated April 22, 1996. ii APPROVED AND ADOPTED THIS THE 22ND DAY OF MAY, 1996, BY TIME° PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:' Mike Goldenberg, Chairman I, James DeStefano, Planning Commission Secretary do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting by the Planning Commission of the City of Diamond Bar, held on the 22nd day of May 1996: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefano, Secretary INFORMATIONAL ITEM Development Code Status Report Verbal update will be provided by Staff File rev w d by on and is ready for ening File reiew d by on 4 and is ready for dostnaction by City Clerk