HomeMy WebLinkAboutPC 96-07PLANNING COMMISSION
RESOLUTION NO. 96-7
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR ESTABLISHING A PLANNING
COMMISSION POLICIES AND PROCEDURES MANUAL.
A. Recitals
1. It is important to the successful operation of any public
organization that standards be established to define
roles, responsibilities, and expectations of the
governing board and staff in an organization's operation.
2. The establishment of standards by the Planning Commission
will promote understanding and trust among members of the
Commission and staff concerning their roles, 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.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Commission is operating under a Planning
Commission Policies and Procedures Manual adopted
December 131 1993.
3. The adoption of the Planning Commission Policies and
Procedures Manual dated June 10, 1996 shall supersede the
Planning Commission Policies and Procedures Manual dated
December 13, 1993.
4. The Planning Commission shall follow the policies and
procedures listed within the manual dated June 10, 1996.
(Exhibit "A")
. 1
APPROVED AND PTED THIS THE 10TH DAY OF JUNE 1996, BY THE
PLANGCOMM $SI OF THE CITY OF DIAMOND BAR.
f I
BY:
Mike Goldenber, 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 10th day of June 1996:
AYES: COMMISSIONERS:_Goldenberg, Ruaicka, Fong, McManus,
Schad,
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST: _
James DeStefano, Secretary
2
TABLE OF CONTENTS
SUBJECT
POLICIES & PROCEDURES MANUAL
EXHIBIT "A"
PAGE
Introduction ............................................... 1
Community Development .................................. 1
General Information ........................................ 2
History of Diamond Bar ................................. 2
Diamond Bar Form of Government ........................ 2
CityAdvisory Bodies .................................. 3
City Staff ............................................ 3
Planning Commission Membership and Operations .............. 4
Purpose ............................................... 4
Responsibilities ...................................... 4
Membership ............................................ 4
Effectiveness ......................................... 5
Officers ........................................... 7
Quorum ........ ...................................... 7
AgendasFor Meetings .................................. 8
Meetings.............................................. 9
Motions.... .... ......... ............... 10
Limitations on Collecting Evidence Outside
theHearing ...................................... 12
Adjourned Meetings ..................... 12
Special Meetings ...................................... 12
studysessions ........................................ 12
Minutes.... ............. ........................ 13
Planning Commission Recommendations ................... 13
Relations With City Council, Other
Commissions, Committees, and Staff ............... 13
Relations With Public ................................. 14
Compensation/Travel Expenses .......................... 15
Conflict Of Interest .... .. ...... ................ 15
Disqualification From Commission Decisions ............ 18
BrownAct ... ............. ......................... 19
California Environmental Quality Act
Required Procedures .............................. 20
June 10, 1996
Importance of Findings in Quasi -Judicial Action ........ 26
Topanga: The Cornerstone for Findings ............ 26 I,XII,I
Definitions ...... 26
Purpose .......................................... 26
Circumstances Requiring Findings ................. 27
Preparation of Findings: A Question of Timing ..... 28
Summary: Bridging the Gap ........................ 29
Specific Action ...................................... 30
Conditional Use Permit 30
variance ......................................... 30
Tentative Tract Map or Parcel Map ................ 31
ZoneChange ....................................... 31
Summary............................................... 32
June I0, 1996
INTRODUCTION
The City of Diamond Bar encourages and promotes participation by
citizens in the decision making process through a variety of
activities. Most notable is the appointment of citizens to a
number of standing commissions to advise the City Council on
specific issues and problems. In certain situations, the
commissions are empowered to make decisions, subject to appeal to
the City Council.
This manual's primary objective is to provide a guide for Planning
Commissioners in the conduct of meetings in accordance with City
laws and policies; to inform members of the responsibilities and
duties of the Planning Commission; to clarify relationships
between Commissioners and the City Council, City Manager, City
staff, and general public; and to provide general information that
might be useful in the conduct of public meetings.
The City of Diamond Bar is fortunate to have concerned citizens
give their time by serving on the Planning Commission. The level
of citizen involvement in local government is growing, and with it
the challenge and opportunities that will require the careful
attention of the Planning Commission, City staff, and City Council
working together towards common goals. It is hoped that this
manual will assist you as a member of the team. The City Council
and staff are most appreciative of your time and efforts.
Community Development
The Community Development Department is responsible for 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
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.
u 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.
June 10, 1996 1
_ a_
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 thebrand of
Diamond Bar,with the Department of Agriculture.
In 1956, Transamerica Corporation paid $10,000,000 to purchase
8,000 acres of the ,Diamond Bar ranch from the Bartholome Family.
Transamerica Corporation formed a master -planned community that
would eventually become home for some 74,000 people. The first
model homes were built at the town's north end in 1960 and began a
development "boom".
Diamond Bar is a.typical suburban bedroom community with limited
commercial and industrial land. Commercial acreage is primarily
developed with uses designed to serve residents. Today's Diamond
Bar is a young, upscale residential community with a population of
about 54,315 situated among meandering hills and valleys of Brea
Canyon. It is located at the junction of the Pomona (60) and
orange (57) freeways and spans 14.77 square miles.
Diamond Bar's Form of Government
The City of* Diamond Bar was incorporated April 18, 1989 as a
general law City with a City Council/City Manager form of
government.
The City Council is composed of five members elected by residents
for over -lapping four year terms. It is the governing body of the
City, vested with regulatory and corporate power. The City
Council establishes policy and is ultimately, responsible to the
people for its actions.
Diamond Bar's organizational structure consists of a mayor and a
mayor pro -tem selected by the City Council. The mayor is the
presiding officer of the City Council for a one year period, with
the mayor pro -tem as the position's backup.
Due to the complexity, diversity, and quantity of issues facing
the City Council, Commissions are asked for input in the decision
making process.
June 10, 1996
2
City Advisory Bodies
F 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.
City 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 are responsible to the City
Manager. The City Manager guides the work of all departments by
the City Council's direction.
June 10, 1996
3
PLANNING COMMISSION MEMBERSHIP AND OPERATIONS
Purpose
The purpose of the Planning Commission, generally, is to set broad
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, reversion of
acreage, vesting and tentative tract maps, entitlements on
specific plans, general plan amendments, development code
amendments, development agreements, surface mining, and land
reclamation plans.
Membership ' (Organization, Terms of Office, Filling of Vacancies)
The Planning Commission consists of five members that are
residents of the City of Diamond Bar. Selection to the Planning
Commission is based on the following: a broad perspective and
concern for the welfare and progress of the City; a familiarity
with the City's history, issues, and goals; an interest in the
Planning Commission's function and area of responsibility; a
readiness to devote time and effort to carrying out a
Commissioner's duties and responsibilities; a willingness to be
aware of and understand the City Council's policies.
Each Commissioner is appointed by one member of the City Council
and confirmed by a City Council majority vote. However, should a
Council member fail to make an appointment within 30 days of the
vacancy in question, a Council majority vote shall appoint to fill
the vacancy.
June 10, 1996
If a vacancy occurs other than by expiration of a term, it shall
be filled within 30 days, by appointment, for the term's
F unexpired portion by the Council member who appointed or had the
opportunity to appoint the Commissioner whose position has been
vacated. If the vacancy is effected by removal, the person so
removed may not be appointed to fill the vacancy. (Length and
expiration of terms are set by City Council Ordinance No. 25C
(19s9). 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
�a 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. A positive climate encourages member involvement and
responsibility to take action. Optimum participation.is achieved
when the commission's stated tasks are understood. Members should
keep the tasks visible and clearly-defined.
Effective commissions set clear objectives, prioritize tasks,
anticipate and analyze problems, develop actions/ options, identify
roadblocks, make decisions, actively listens supporting
colleagues, and utilize diagnostic skills.
Public- hearings or citizen input meetings may be difficult to
manage. Participants at public hearings are usually highly
motivated and often emotional. When there is a group of potential
adversaries in one room, the possibility of uncontrolled conflict
June 10, 1996 5
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
tll��
confrontation effectively.
1.
Study your agenda and do your homework prior to the
meeting so you can concentrate on the dynamics of the
meeting.
2.
Treat all sides fairly. Set the rules of the hearing
early and make sure everyone follows them without
exception.
3.
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.
4.
All persons speaking must clearly identify themselves,
not only for the record, but so the Commission can
address them by name.
5.
Set an acceptable time limit for testimony and stick to
it.
6.
Make decisions as promptly as.possible. Avoid becoming
bogged down in procedural distractions, petty details,
us,
and endless searches for more information, so that the
issue never seems to get resolved.
7.
Try to turn frustration into constructive avenues. Ask
questions. Be specific. Reinforce areas where you
agree. Do not return insults. Your insults can turn
j
the audience against you for your lack ' of control and
unfairness.
S.
Try to avoid speaker-to-audience conversation,. A
hearing's purpose is to help the Commission act, not
engage in debate.
9.
If other Commissioners have questions of the speaker,
permit these questions only during the speaker's time at
the podium.
10.
Be careful not to prejudge the action of the Commission.
Use the hearing to gather necessary information about
the project and individual desires concerning the
proposal. Commissioners'-should not express their views
on the proposal iuntil 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.
June 10, 1996
6
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12. View the public hearing as an example of basic democracy
in action at the local level. Make it your personal
goal to have a successful public hearing. Individuals
should feel treated fairly and believe the Commission
had all the facts, was open in its deliberations and
acted accordingly. An individual should not dominate
the meeting and there should be sufficient time for all
to speak. Individuals should not leave the meeting
feeling disenfranchised.
Officers
The Planning Commission should, at its first regular meeting in
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 a 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.
Quorum
A quorum consists of a majority of the members of the Planning
Commission and is sufficient to conduct business. A quorum is
required to conduct business at any meeting whether it is a
regular or special meeting. While a Commissioner is expected to
June 10, 1996
be present at all meetings, if he/she knows in advance that
his/her attendance is not possible, the Commissioner should notify
-the Commission Secretary.
The Brown Act requires that a regular meeting date and time be
established each month. If there are no items of business on the
agenda, it is not necessary to convene. There are two ways to
handle this situation. one, the Commission Secretary posts a
notice at the meeting place indicating that "for lack of a quorum,
the meeting will not be held." The other is to have the Secretary
actually show up at the regular meeting place and time and finding
no quorum, adjourn. In the second case, there is the advantage of
documentation. Minutes of the meeting would be prepared showing'a
lack of quorum. If a notice is used, a copy of the notice must be
kept in the minutes file for the record. Meetings need not be,
held unless sufficient business will -be discussed.
The following 'steps should be taken to ensure that a public
meeting is properly cancelled:
1. State the intention to cancel the meeting a minimum of
72 hours 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.
Agendas for Meetinqs
The Planning Commission Secretary is responsible for preparation
and distribution of the agenda and supporting documents prior to
each meeting. The agenda shouldIndicatethe 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
encumbered 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. Every
agenda must provide an opportunity for the public to address the
Commission.
June 10, 1996 8
Meetinqs
All Planning Commission meetings must be open to the public in
accordance with the Brown Act, the local government open meeting
law. Every regular meeting's agenda must provide an opportunity
for members of the public to directly address the Commission on
items of public interest that are within the Commission's
jurisdiction. Additionally, members of the public- must be
provided an opportunity to address the Commission on any agenda
item prior to or concurrently with, the Commission's consideration
of the item. The Commission may establish -its own procedures
relative to public participation, provided that the procedure does
not conflict with the Brown Act.
The Planning Commission meets on the second and fourth Monday of
each month at 7:00 p.m. in the South Coast Air Quality Management
District Auditorium located at 21865 Copley Drive. The meeting
time and place may be changed (to accommodate specific needs) with
24-hour notice duly given to the public and media.
An official notice of a public hearing shall be published in a
local paper of general circulation. Hearings held by the
Commission should be fair and impartial. If any member is biased
or has a personal interest in the outcome of the hearing, -that
member must disqualify himself/herself and not participate.
Persons and/or groups who may be affected by the subject of the
" hearing should -be given sufficient notice of the hearing's time
and place and a reasonable opportunity to be heard. They may be
represented by counsel if desired and may be permitted to present
oral and documentary evidence: They should also be permitted to
ask questions of any speaker to ensure a full and true disclosure
of the facts.
At the appropriate time, the Chairperson should open the hearing
and explain to the audience hearing procedures. The general
manner of conducting hearings is within the Chairperson's control
and discretion. If there are numerous persons who would like to
participate, and all represent the same view and opinions, the
Chairperson may ask that a spokesperson be selected to speak for
the group. If this arrangement cannot be made, the Chairperson
may restrict each speaker to a time limit so all may be heard.
Irrelevant and off -the -subject comments should be ruled out of
order by the Chairperson.
After the hearing is opened, the usual procedure is for staff to
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
opportunity for opponents to present their case. Proponents can
then present their rebuttal to those points presented by
opponents. Either side may ask questions through the Chairperson.
After all interested persons have had an opportunity to speak, the
hearing should be closed, ending audience participation. No
hearing that has been closed may be reopened without additional
June 10, 1996 9
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 Commissioner wishes to propose an idea for consideration,
the 'Commissioner must make a motion. This is the only way an idea
or proposal from a Commissioner can be presented to the body for
discussion and possible action. A motion is subject to the
following steps:
1. The Commissioner asks to be recognized by the
Chairperson;
2. After being recognized, the Commissioner makes the
motion with "I move ......";
3. Another Commissioner seconds the motion. If the motion
is not seconded, it fails;
4. The Chairperson states. the motion and asks for
discussion;
5. When the Chairperson feels there has been sufficient,,
discussion, the debate is closed with " Are you ready
for the question?" or - "Is. there any further
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 the motion may rephrase or
withdraw it. The consent of the second is not
required. After
the motion has been stated by the Chairperson,
the consent of the
body is required to change or withdraw it.
If all of the
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
when Commissioners are likely to
disagree. If a
.important
Commissioner would prefer that proposals are
divided and voted
June 10, 1996 10
upon separately, the Commissioner*`sh6uld'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
`a n. 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 hearings) on this matter.
Any Planning Commission action may be reconsidered if a motion for
reconsideration is introduced by a Commissioner who was among the
majority of the action for which reconsideration is sought. Such
a motion may be seconded by any Commissioner who voted on the
action or who would be eligible to vote on it. if the motion for
reconsideration carries.
For any action requiring a resolution passage, a motion for
reconsideration may not be introduced after the meeting's closing
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.
June 10, 1996
11
Limitations on Collectinq 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. They may be
called by the Chairperson or majority of commissioners or the
Secretary. Written notice shall be given to the City Council and
media at least 24 hours prior to the special meeting. The written
notice shall indicate the business to be considered and the time
and place of the special meeting. Only matters specified in the
notice may be considered pursuant to California Government Code
Section 54956.
Study Sessions
Study sessions or "work sessions" are usually informal, though
public. They are usually scheduled as adjourned regular meetings
and have a separate agenda.
June 10, 1996 12
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Minutes
Minutes are taken at all Planning Commission meetings, transcribed
and included in the following agenda packet. Once approved, the
U, minutes are forwarded to the City Council for their information.
Minutes are then kept as the official record for the Planning
Commission's actions and are open'for public review.
Minutes shall consist of a clear and concise statement of each and
every action including the motions made and the vote thereon.
Reasons for making a.motion or voting, debate, and audience
reaction are generally irrelevant for purposes of the minutes.
Such items may be included if considered to be particularly
relevant or otherwise necessary by the Planning Commission
Secretary. The Planning Commission Secretary shall have exclusive
responsibility for preparation of the minutes. Any directions for
changes in the minutes shall be made only by the Commission's
action. Additions and corrections of the minutes may be made only
in public meetings, with'the Commission's approval and not by the
private request of individual members.
Planninq Commission Recommendations_
Planning Commission actions can be either advisory•or conclusive
unless appealed to the City Council. Advisory actions are
transmitted to the City Council by the Planning Commission
Secretary for final action/decision.
Relations. with City Council, 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 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.
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
June 10, 1996 13
program adopted by the City Council. If personal ethical problems
arise, resignation from the Commission is appropriate. The
Planning Commission should not attempt to predict City Council
action,either publicly or privately. They may and, should <
interpret City Council policies or identify trends in Council
thinking.
The City's administrative staff works for and is responsible to
the City Manager. The City Manager may assign staff to act in a
technical advisory capacity and provide supportive assistance to
the Commission. Except where administrative authority is
specifically conferred upon the Commission, the Commission should
not attempt to direct or decide on the priority of work for the
department providing staff to it. It should not ask that staff
hours be committed for work that has not been budgeted or has not
been approved by the City Council. Since staff is directly
responsible to the City Manager, it becomes his/her responsibility
to 'allocate their, time and efforts. However,' the Commission
should set priorities for their own agendas.
It is not expected that every staff recommendation will be
approved. Based on the technical knowledge of staff,
consideration should be given to their recommendations. After a
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 with the Public
Planning Commissioners are encouraged to become aware of public
opinion relating to their field of influence and welcome citizen
input at Commission meetings. The 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 -all
interests, attitudes and differences of opinion. Members should
take care to observe the appearance and the principle of
impartiality.
The Commission should ensure that rules and procedures are clear
to the public in public meetings. Commissioners will defer to the
Chairperson and, try to avoid speaker -to -audience conversation.;:
The public hearings purpose is usually to help the Commission act,
not engage in debate or argument with the public.
June 10, 1996 14
Commissioners should not accept gifts from applicants or other
persons concerned with matters which have been or might come
before the Commission.
Commissioners should avoid making statements to the media or
public on matters that have not been presented before the entire
Commission. They should be aware that any statements or opinions
made to media members could be considered "on the record" by the
reporter. Such statements should be made in consideration of the
likelihood that they will be printed or broadcasted.
Relations with the City Council should also be kept in mind when
communicating with the public or the media. Commissioners are
considered by the public as members of and spokesperson for the
official city family. Since policy decisions are the City
Council's sole responsibility, it is inappropriate for
Commissioners, as representatives of the City; to publicly
criticize established Council policies or Council members. If
personal ethical problems arise, resignation from the Commission
is appropriate. This does not in any way preclude a
Commissioner's responsibility to advocate his or her position on a
policy matter prior to an official policy decision.
Compensation/Travel Expenses
Each Planning Commissioner shall be paid- a fixed sum for each
commission meeting attended. The sum to be paid is established by
City Council resolution.
The City Council may provide such sums as the Council deems "
reasonable, in its sole discretion, for travel expenses, meals,
lodging and related expenses necessarily incurred due to the
performance of their official duties, including attendance at
seminars, conferences or training courses approved by the City
Council. The .expenses may be advance to Commissioners or
otherwise paid to them, in accordance with established City
Council policies.
Conflict of Interest
Government Code Sections 87100, et seq., requires that public
officials avoid any serious conflicts of interest when acting in
their official capacities. As a Planning Commissioner, two
aspects of these provisions will affect you. First, you are
prohibited from participating in decisions about any matter in
which you have a financial interest. Second, you are required to
file an annual financial disclosure statement. The first
financial disclosure statement is due shortly after you are sworn
into office.
June 10, 1996 15
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 off icial has a financial interest in a decision within the
meaning of Section 87100 if it is reasonably foreseeable that
the decision will have a material financial effect,
distinguishable from its effect on the public generally, on:
1. Any business entity in which the public official has a
direct or indirect investment worth more than $1,000.00;
2. Any real property in which the public official has a
direct or indirect interest worth more than $1,000.00;
3. Any source of income, other than loans by a commercial
lending institution in the regular course of business on
terms available to the public without regard to official
status, aggregating $250.00 or more in value provided
to, received by or promised to the public official
within 12 months prior to the time when the decision is
made;
4. Any business entity in which the public official is a
director, officer, partner, trustee, employee, or holds
any position of management; for purposes of this
section, indirect investment or interest means any
investment or interest owned by the spouse or dependent
child of a public official, by an agent on behalf of a
public official, or by a business entity or trust in
which the official, the official's agent, spouse, or
dependent children own directly, indirectly, or
beneficially a 10 percent interest or greater.
Obviously, if a Commissioner is applying for a zone change for
property the Commissioner owns, that Commissioner should' not
participate in the decision on the zone change. The Commission
should be aware, however, that Section 87103(b) also' applies to
real property that is indirectly affected by a decision of the
Commission. There are specific guidelines applicable to a
decision that is indirectly affected by a decision;
1. 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:
June 10, 1996 16
.. .,.,. �.. .. w
(a) The real property in"which the official has an
interest, or any part of that real property is
located within a 300 foot radius of the boundaries
(or the proposed boundaries) of the property which
is the subject of the decision, unless the
decision will have no financial effect upon the
official's real property interest;
(b) The decision involves construction of,. or
improvements to streets, water, sewer, storm
drainage or similar facilities, and the real
property in which the -official has an interest
will receive -new or substantially improved
services;
(c) The real property in which the official has an
interest is located outside a radius of 300 feet
and any part of the real property is located
within a radius of 2,500 feet of the boundaries
(or the proposed boundaries) of the property which
is the subject of the decision and the .decision
will have a reasonably foreseeable financial
effect of:
(1) $10,000.00 or more on the fair market value
of the real property in which the official
has an interest; or
(2) Will affect the rental value of the property
by $1,000.00 or more per 12 month period.
2. The reasonably foreseeable effect of a decision is not
considered material as to real property in which an
official has a direct, indirect or beneficial interest
(not including a leasehold interest), if the real
property in which the official has an interest is
located entirely beyond a 2,500 foot radius of the
boundaries (or the proposed boundaries) of the property
which is the subject of the decision; unless:
(a) There are specific circumstances regarding the
decision, its effect, and the nature of the real
property in which the official has an interest,
which make it reasonably foreseeable that the fair
market value or the rental value of the real
property in which the official has an interest
will be affected -by the amounts set forth in
subdivisions (a) (3) (A) or (a) (3) (B) ; and
(b) Either of the following apply:
(1) The effect will not be substantially the same
as the effect upon at least 25 percent of all
the properties which are within a 2,500 foot
lune 10, 1996 17
radius of the boundaries of the real property
in which the official has an interest; or
(2) There are not at least 10 properties under �'
separate ownership within a 2,500 foot radius
of the property in which the official has 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 who are required by
Government Code Section 87200 to file a statement disclosing
investments and interests in real property. The -City Clerk will
provide the Commissioners with the disclosure report forms. These
disclosure statements must be filed shortly after a Commissioner
is sworn into office and by April 1st of each following year that
the Commissioner remains in office. The originals of these forms
are then forwarded by the City Clerk to the Fair Political
Practices Commission.
Di.q_q a,l_if.ication_Fron_Comnission_neci.sions
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
June 10, 1996 18
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
A will affect the Commissioner's financial interest in the same
manner it will affect the public generally. The second exception
is that Commissioners may be advocates on their own behalf,
provided that they do this as any other citizen would. It is
desirable to guard against even the suspicion of unethical conduct
by any City official. City officials should be careful to avoid
any act or statement that might be misconstrued. Their official
behavior should appear to all concerned above reproach.
Brown Act
The stated requirements for a regular meeting time and a well
publicized notice of any special meeting are necessary to
implement the citizens' right to know what their public officials
are doing. The Ralph M. Brown Act states in the strongest terms
the necessity for openness in public meetings.
The Brown Act states.
"In enacting this chapter, the legislature finds and declares
that the public commissions, boards, and councils, and other
F public agencies in this state exist to aid in the conduct of ,
the people's business. It is the intent of the law that
their actions be taken openly and that their deliberations be
` conducted openly."
L—
"The people of this state do not yield their sovereignty to
the agencies which serve them. The people, in delegating
authority, do not give their public servants the right to
decide what is good for the people to know, and what is not
good for them to know. The people insist on remaining
informed so that they may retain control over the instruments
they have created." (Government Code, Title 5. Section 54950)
The Brown Act's provisions may apply to meetings of less than
quorum committees, of boards or commissions, but not to social
gatherings where no action is taken or commitment made related to
City affairs.
Responsibility to know current Brown Act revisions rests with each
Commissioner.
June 10, 1996 19
California Environmental Quality Act Required Procedures
In general terms, the following explains the basic steps required
by the California Environmental Quality Act (CEQA)•. Each City is ;ur
required to adopt its own local guidelines for implementing,CEQA.1!i6R�li°�li�
STEP I. Project application received.
(a) Staff decides whether the proposed activity is
subject to CEQA or exempt.
(1) "Exempt" means not within the definition of
"project", or that .it is ministerial, an
emergency project, or categorically exempt.
(b) An exempt project requires no further action under
CEQA or it's guidelines.
(1) The applicant should be notified of the
determination. (State Guidelines, §15374 and
§15062 and Public Resource Code §21167 (d).
(c) Staff, reports the environmental determination to
the Planning Commission when proposed action on
the project, is before the Commission.
STEP 2. Project is subject to CEQA.
(a) To determine if a project may have a significant'
effect on the environment, staff .conducts and
prepares a written Initial Study.
(1) An Initial Study consist of a completed
Environmental Checklist plus staff's analysis
of environmental effects.
(b) After determining that an Initial Study will be
prepared, staff consults. informally with other
agencies having jurisdiction over the project as,
to whether an Environmental Impact Report (EIR) or
Negative Declaration declaring the project will
not have significant environmental impacts should
be prepared.
(1) Staff may also consult with the applicant
during or immediately after the Initial
Study's preparation and determine whether the
applicant is willing to modify the project to
reduce or eliminate any significant effects
identified in the Initial Study.
(c) If the proposed project involves the issuance of a
permit, lease, license or other entitlement for
use, the City must determine in writing, within 30
days from the applicant's receipt, if the
application is "complete".
June 10, 1996 20
(1) A written notice -of this determination must
be sent to the applicant.
(2) If the application is not complete, the
notice must inform the applicant of all
information required to make the application
"complete".
(3) If the application is complete, the notice
should so inform the applicant and may inform
the applicant that an EIR or Negative
Declaration will be required.
STEP 3. Initial Study indicates the project may have a
significant effect on the environment.
(a) Staff or applicant may suggest project revisions
which, when implemented will result in the project
having no significant environmental effects.
(1) If this occurs, the project should be
formally revised to reflect these "mitigation
measures" and follow procedures in Step 4
(listed below).
(b) If the project may still result in one or more
significant environmental effects after mitigation
measures are added, follow procedures in Step 7
(listed on page 20).
(c) If the project involves the issuance of a permit,
lease, license or other entitlements for use, the
City has 30 days from the date the application was
determined "complete" within which to decide if a
Negative Declaration or EIR is required.
STEP 4. Initial Study indicates that the project will not have a
significant effect on the environment.
(a) Staff prepares a proposed Negative Declaration
(in accordance with State Guidelines §§15070,
15071, 15072, 15074, and 15075) including
mitigation measures, if any, and attaches a copy
of the -Initial Study, documenting reasons to
support its findings.
(1) A Negative Declaration is a written statement
briefly describing the reasons that a
proposed project will not have a significant
effect on the environment and does not
require the preparation of an environmental
impact report (CEQA Section 21064).
(2) Mitigation measures require a mitigation
monitoring program which must be prepared and
June 10, 1996 21
adopted at the same time the Negative
Declaration: is adopted.
(b) Public notice that a Negative Declaration has been
prepared must be given before it is approved/
disapproved by the Commission (Guidelines §15072).
(1) Public review must be no less than 20 days,
unless State Clearinghouse review is
required.
(2) State Clearinghouse review requires that
public review be extended to 30 days.
(3) Notice for the proposed Negative Declaration
must also be filed with the County Clerk, who
must post the notice within 24 hours after
receipt of the proposed negative declaration
for a 30 day period.
(c) The City must consult with, and solicit comments
from, each agency with jurisdiction over the
project by law, consult with persons having
special expertise (State Guideline 515073), and
send a copy of the proposed Negative Declaration
to these agencies.
(d) If the project is of statewide, regional, or area
wide significance, the proposed Negative
Declaration must . be sent to the State
Clearinghouse for review.
(1) For a project involving the issuance of a
- permit, lease, license, certificate or other
entitlement for use, the Negative Declaration
must be completed and ready for review by the
Commission within 105 days (plus a reasonable
extension if the developer/ applicant agrees)
from the date the project application was
determined "complete".
STEP 5. Negative Declaration preparation.
(a) Planning Commission or Council must review and
consider the Initial Study, proposed Negative
Declaration, any comments received and staff's
analysis of those comments and approve or
disapprove the Negative Declaration prior to
making any determination on the project.
(1) A project can not be approved until a
Negative Declaration has been approved or an
EIR has been certified. 11 PAI
Li
June 10, 1996 22
(2) If the Commission finds that the proposed
project may have a significant environmental
impact, the Commission rejects the Negative
Declaration and asks for an EIR to be
f prepared.
i_. (3) The City can approve or disapprove a project
for which a Negative Declaration is prepared
within three months (plus a 90 day extension
if the developer/ applicant agrees) from the
date the Negative Declaration is adopted;
otherwise the project may be automatically
approved by operation of law.
STEP 6. Negative Declaration approved.
(a) A Notice of Determination (NOD) must be filed with
the County Clerk.
(1) If the Negative Declaration includes a
finding "of no adverse effect on wildlife, a
Certificate of Fee Exemption (The Fish and
Game Code §710.5 et seq. ) must be filed with
the NOD.
STEP 7. There is or may still be a significant effect.
(a) A draft EIR must be prepared (State Guideline
§15064).
(b) A draft EIR must also be prepared if members of
the public present substantial evidence that the
project may have a significant effect on the
environment (State Guideline §15064).
STEP 8. EIR preparation.
June 10, 1996
(a) The City must send, by certified mail, a Notice of
-Preparation (NOP) to each agency with juris-
diction over the project providing the responsible
agencies with sufficient information describing
the project and the potential environmental effect
to enable the responsible agency to make a
meaningful response.
(1) The NOP must also be filed with the County
Clerk, who must post the notice for a 30 day
period.
(b) Before completing a draft EIR, staff must consult
with other agencies having jurisdiction over the
project concerning the scope and content of the
EIR. The other agencies have 30 days to respond
and the draft EIR cannot be circulated for review
and comment until that time has lapsed (State
Guidelines §15082).
23
STEP 9. After the draft EIR's completion.
(a)• A Notice of Completion (NOC) must be filed with
the Secretary for Resources and notice stating the
significant effects on the environment, if any,
anticipated as a result of the project and an
opportunity to review and comment on the EIR must
be given to the public, along with the location at
which ,all the, documents referenced in the draft
EIR are available for review.
(1) A 30 day minimum public review and comment
period is required.
(b) The draft EIR must be sent to other agencies
having jurisdiction over the project and Trustee
Agencies.
(c) If the project is one of statewide, regional or
area wide significance, the draft EIR must also be
sent to the State Clearinghouse for review.
R
(1) A minimum 45 day public review period is
i required.
d
STEP 10. Public Hearing.
(a) A public hearing on the draft EIR may be
conducted. CEQA does not require, but encourages
public hearings.
(1) If a hearing is held, it must be properly
noticed (State Guidelines §§15087 and 15202).
STEP 11. Final EIR.
h (a) Staff assembles the final EIR which includes the
draft EIR plus public and other comments and
responses to significant issues I raised in the,
comments.
(b) At least 10 days before certifying a final EIR as
complete, a proposed written response must be
provided to each public agency that commented on
the EIR.
STEP 12. Certification of EIR.
(a) The Commission reviews and considers the final EIR
and makes the findings required by -CEQA and the
State Guidelines prior to approving the project,
including adoption of a mitigation monitoring
program.
June 10, 1996 24
H
� , m , 'V, . � s w,�'h VT&
(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
specific public agency ... or
(3) Specific economic, social, or other
considerations make infeasible the mitigation
measures or project alternatives identified
in the final EIR (Guidelines §15091 (a)).
(c) If the Commission makes either finding (2 ) or ( 3 )
for any impact identified in the EIR, CEQA
requires the Commission to balance the benefits of
a proposed project against -its unavoidable
.environmental risks in determining whether to
approve the project.
(1) The Commission cannot approve the project
unless it finds that the project's benefits
outweigh the unavoidable adverse
environmental effects. This. finding 'is
commonly referred to as" a "Statement of
Overriding Considerations".
(d) Commission makes a decision on the project.
(1) This can be at the same meeting as the
decision on the EIR.
(2) The City must approve or disapprove the
application within six months of the date the
EIR. is certified or the project may be
approved by operation of law.
STEP 13. If The Commission approves a project for which an EIR
was prepared.
June 10, 1996
(a) An NOD must be filed with the County Clerk,
including a statement of mitigation measures, the
commission's decision, and a statement that an EIR
was prepared and certified as required.
25
(1) If the project requires discretionary
approval from a state agency the NOD must
also be filed with the. Secretary for
Resources,(State Guidelines §15094).
'�T
Importance of Findinos 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 j rrorti—i co of the commission making findings showing
the reasons; thr c"o. „-i i i c: r: 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.
III �
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 five purposes for making findings,
three are relevant mainly to the decision-making process and two
are relevant to judicial functions.
Findings should:
1. Provide a framework for making principled
decisions, enhancing the integrity of the
administrative process; .
2. Help make analysis orderly and reduce the
likelihood that the'agency will randomly leap from
evidence to conclusions;
June 10, 1996 26
3. Serve a public relations function by helping to
persuade the parties that the administrative
decision-making is careful, reasoned and
equitable;
4. Enable the parties to determine whether and on
what basis they should seek judicial review and
remedy; and,
5. Apprise a reviewing court of the basis for the
agency's action.
Topanga, supra, at pp. 514 and 516 [fn. 14]
Circumstances Requiring Findings
While the four purposes seem clear enough, State law has not
clearly distinguished between, the situations which require
findings from those which do not. Absent a specific legislative
requirement for findings, the courts determine when they are
necessary. In general, case law has required findings for land
use decisions that are adjudicative in nature (also known as
quasi-judicial, administrative, or adjudicatory decisions). In
this type -of decision, a -reviewing body holds a hearing, as
required by the Constitution, State statute, or local ordinance,
takes evidence, and bases its decision on the evidence. The
action involves applying a fixed rule, standard, or law to
F specific facts and a specific parcel of land. Examples include
variances, use permits, and tentative subdivision and,parcel maps.
In each case local officials apply existing land use or'other
development standards to specific parcels.
Not only do these approvals constitute adjudicative acts, their
denials are adjudicative in nature as well. Especially in the
case of tentative subdivision maps, if the decision-making body
makes certain statutory findings, it must deny the subdivision map
(Government Code Section 66474). If the body makes certain other
findings, it has the option of denying the subdivision (Government
Code §66474.6).
By way of. comparison, findings are not necessary for legislative
or quasi -legislative acts, unless specifically required by statute
(Ensign Bickford Realty Corp. v. City Planning Commission [1977]
68 Cal.App.3d 467, 473). In contrast with adjudicative acts,
legislative acts generally formulate a rule to be applied to all
future cases rather than applying an existing rule to a specific
factual) situation. Examples are the adoption or amendment of a
general plan or zoning ordinance. Even though_ a zone, change or
general plan amendment may be specific to a particular parcel, it
is still a legislative act because its underlying effect is
legislative in nature, regardless of the size or geographic scope
of the property affected (Arnel Development Company v. City of
Costa Mesa [1980] 28 Cal.3d 511, 514; Karlson v. City of Camatilto
[1980] 100 Cal.App.3d 789, 799).
June 10, 1996 27
I11 1 110, 1, 11 I i I , I i Iii II H" I �. _..7•___._,._,..._.... - - - .�_�. ., e . n _._..� _
Preparation of Findings: A Question of Timing
In resolving the question of at what point in the process should
the decision-making body adopt findings, Topanga again provides
guidance. Topanga states that findings should enhance the
integrity of the administrative process, help make analysis
orderly, and reduce the likelihood that the agency will randomly
leap from evidence to conclusions. This requires the.decision-
makers to identify the reasons supporting a decision prior to
taking action.
However, in the daily reality of acting on a myriad of different
land use applications, a local body may face a number of factors
making it difficult to formulate detailed and well -articulated
findings and reduce them to writing at the point of the decision.
Factors affecting this include the nature of the decision, the
evidence, and the' presence or absence of external factors like
State mandated time limits requiring local agencies to act within
specific time periods. The following example illustrates how
these factors operate to influence the adoption of findings.
Late in the evening, after lengthy public testimony and
extensive post -hearing discussion of the basis of the
decision, a city planning commission has reached
consensus to deny a tentative subdivision, contrary to
the staff's recommendation. The staff report contains
suggested findings supporting the tentative
subdivision, and environmental findings supporting the.
adoption of a Negative Declaration. The commission
must act on the application that evening because of
statutory time limits. For decisions affecting
subdivision maps, the commission acts by motion to
adopt a resolution, and the sponsor of the approving
motion, a lay person, has difficulty articulating all
the reasons which have been discussed for approving the
project. Because of the time limits, there is no
future opportunity to incorporate the findings into the
decision.
This illustration shows several practical difficulties in adopting
adequate findings. First, lay commissioners may not readily
assimilate new information and may have difficulty verbalizing
their rationale in the form of structured findings needed to
support their decisions, especially if such decisions closely
follow lengthy public hearings and statutory time limits are
present. Second, if ,the resolution must be adopted that night due
to statutory time limits, there is no opportunity to direct staff
to prepare a resolution incorporating the necessary findings
supporting the action taken, the preferred approach.
In this example, had the commission agreed with the staff
analysis, it could have adopted findings by reference to the staff
report, since making findings by reference is permissible
June 10, 1996 28
- ...0 . .. . _91_11'_ , ,.Jh,,I .__ A -I--.--,
(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
-J regulations governing the proposed project and guide them in
making the necessary findings. Of course, before adopting any
staff -prepared findings, the decision -makers must objectively
review and, where necessary, revise them to make sure that they
accurately reflect both the evidence in the record (which is
likely to be supplemented in the hearing after the preparation of
the staff report) and their own conclusions. In addition, failure
to objectively review these findings by the decision-making body
exposes the City to a challenge for acting without appropriate
deliberation. That is, in the end, the commission would not adopt
findings of their own decision but, instead, would adopt findings
reflecting the staff opinion of what the decision should be.
Where the opportunity exists, many local land use decision-making
bodies take tentative action and then direct staff to draft a
written statement of the supporting reasons 'as reflected in the
evidence and the deliberative discussion. The staff draft can
then be reviewed for adoption as the agency's findings at a later
meeting. This method provides the opportunity to carefully review
the entire record, including the evidence presented during the
public hearings. Of course, if this review of the record reveals
that there is an evidentiary gap, the decision -makers must be
prepared to alter their decision.
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: Bridaina the Gap,
California courts have demonstrated their concern for rational and
open land use decisions that protect the public interest. The
Topanga court offered four purposes for findings, all emphasizing
these concerns. The now familiar language of "bridging the
analytical gap between raw data and ultimate decision" leaves no
doubt that courts intend decision -makers to follow an orderly path
of logic before arriving at their decisions. While the political
reality of making land use decisions involves compromises at
times, the political reality must accommodate rational and
dispassionate deliberation in the decision-making process.
In the area of land use planning, local decision-making bodies
must adopt findings when making adjudicative decisions -variances,
conditional use permits, tentative subdivision and parcel maps,
and public street abandonments. Further, Public Resources Code
§21081 requires decision-making bodies to make .one or more
findings when an Environmental Impact Report identifies
June 10, 1996 29
significant effects of a proposed project. Also, some State
statutes require findings before jurisdictions approve certain!j;m.,
legislative decisions, such as growth limiting general plans and
growth limiting zoning ordinances. Via'
The process of making land use decisions has its rough edges:
economic impacts, -election, campaigns, tender egos, and
neighborhood conflicts. Making findings as an integral part of
the 'decision-making process will not guarantee that all of the
rough edges will be smoothed, out. However, if decision-making
officials take findings seriously,they can reduce the public's
doubts about the wisdomof their decisions and reduce public
skepticism about their motivations. Using findings builds an
excellent defense for local officials' decisions, and ultimately
more justly serves'the public purposes of regulating land use.
Specific Action
A Conditional Use Permit (or C.U.P.) is an application filed in
order to establish a use 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 traf f ic '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 specifaic
findings consistent with State law. These are: (1) special
circumstances applicable to the property exist, such as its size,
shape, topography, location or surroundings; (2) the strict
application of the zoning ordinance would deprive the property
owner of privileges enjoyed- by other property owners in the
vicinity and the same zone district; and (3) granting of the
Variance will not constitute a special privilege.
June 10, 1996 30
i
A Tentative Tract Map or Parcel Map (subdivision map) is a map
recording the division of land for the purpose of sale, lease, or
financing, and is governed by the Subdivision Map Act. A
subdivision of five or more parcels requires a tentative and final
map. A subdivision of four or fewer parcels requires just a
parcel map.
In granting a Tract Map or Parcel Map, the reviewing body must
make -specific findings consistent with State law. These are: (1)
the proposed map is consistent with applicable general and
specific plans; (2) the design or improvement of the proposed
subdivision is consistent with applicable general and specific
plans; (3) the site is physically suitable for the type of
development; (4) the site is physically suitable for the proposed
density of development; (5) the design of the subdivision or the
proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or
wildlife or their habitat; (6) the design of the subdivision or
type of improvements is not likely to cause serious public health
problems; (7) the design of the subdivision or the type of
improvements will not conflict with easements, acquired by the
public at large, for access through or use of, property within the
proposed subdivision; (S) the Commission has considered the effect
of the tract map [parcel map] on the housing needs of the region
as set forth in the City's Housing Element; and (9) the design of
the subdivision provides, to the extent feasible, for future
passive or natural heating or cooling opportunities.
A Zone Change is a request - generally by a private individual but
occasionally by the City - to rezone a property from one zone
district to another zone district. For example, a petition may be
filed to rezone a property from a residential zone to a commercial
zone. Other than being in conformance with the general plan, no
specific findings are necessary for a zone change, as this is a
legislative matter.
In general, specific findings are necessary in connection with
action upon an application for a subdivision, variance,
conditional use permit, specific plan, and other discretionary
permits, and revocation of all of the above discretionary permits.
June 10, 1996 31
SUMMARY
Congratulations on your appointment to the Planning, Commission.
As a Commissioner, your activities during your tenure",will have a
significant impact on the residents of Diamond Bar. . The City
sincerely hopes that you will serve your community always with the
public good firmly in mind. The City also trusts that you will
listen to all sides of all issues, discern between the important
concerns and the self-serving ones, weigh the options with a
critical mind and an open heart, and base your decisions on a
commitment to serve the public responsibly., The City of Diamond
Bar applauds your 'involvement and support of city government,
where citizens pan directly address local political and ,economic
concern's and seek appropriate representation.
June 10, 1996
32
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