Loading...
HomeMy WebLinkAboutPC 2011-15PLANNING COMMISSION RESOLUTION NO. 2011-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT NO. PL2011-146 AMENDING TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING REGULATIONS FOR THE RECOVERY OF ATTORNEY FEES ON NUISANCE ABATEMENT PROCEEDINGS. A. RECITALS On April 29, 2011, notice for the proposed amendments was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation. 2. On May 10, 2011, the Planning Commission held a duly noticed public hearing on the proposed amendment. All persons wishing to testify at the public hearing in connection with said amendment were heard, said amendment was studied, and the Planning Commission closed said hearing. 3. The proposed amendments will not have a substantial adverse impact on the environment and the project is exempt from the California Environmental Quality Act (CEQA) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, 'pursuant to Section 15061 of the California Code of Regulations and Guidelines. 4. The proposed changes are consistent with multiple objectives and policies in the City of Diamond Bar General Plan. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Development Code Amendment No. PL 2011-146 by adopting the ordinance attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADOPTED THIS 10" DAY OF MAY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:xp'l Jacl� 1hah, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of May, 2011, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary Lin, VC/Lee, Chair/Shah None Nelson, Torng None 2 DCA PL11-145 Exhibit A ORDINANCE NO. AN ORDINANCE OF THE CITY OF DIAMOND BAR REGARDING RECOVERY OF ATTORNEY FEES IN NUISANCE ABATEMENT PROCEEDINGS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. This ordinance serves to clarify existing provisions of the Diamond Bar Municipal Code relative to recovery of attorney fees incurred in the abatement of nuisances by clarifying that all references to legal "costs" were intended to and do include the City's attorney fees. This ordinance is declarative of existing law. Section 2. Subparagraph (2) (b) of Section 22.78.060 of the Diamond Bar Municipal Code is hereby amended to read as follows: "Costs and damages. Any person violating any provisions of this Development Code, or permits issued in compliance with this Development Code, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents and agencies as a direct result of the violations. Costs shall include, but not be limited to, city staff costs, attorney fees, expert fees and court costs." Section 3. Subparagraph (1) of Section 22.78.070 of the Diamond Bar Municipal Code is hereby amended to read as follows: "Record of costs. The department shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this Development Code, and shall recover the costs from the property owner, in compliance with this section. Staff time shall be calculated .at an hourly rate established and revised from time to time by the council. Attorney and expert time shall be based on the hourly rates paid by the city for those services." PASSED, APPROVED AND ADOPTED this day of 2011. Steve Tye, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2011, and was finally passed at the regular meeting of the City Council of City of Diamond Bar held on the day of , 2011, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST Tommye Cribbins, City Clerk PLANNING COMMISSION RESOLUTION NO. 2011- 15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT NO. PL2011-146 AMENDING TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING REGULATIONS FOR THE RECOVERY OF ATTORNEY FEES ON NUISANCE ABATEMENT PROCEEDINGS. A. RECITALS 1. On April 29, 2011, notice for the proposed amendments was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation. 2. On May 10, 2011, the Planning Commission held a duly noticed public hearing on the proposed amendment. All persons wishing to testify at the public hearing in connection with said amendment were heard, said amendment was studied, and the Planning Commission closed said hearing. 3. The proposed amendments will not have a substantial adverse impact on the environment and the project is exempt from the California Environmental Quality Act (CEQA) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, " pursuant to Section 15061 of the California Code of Regulations and Guidelines. 4. The proposed changes are consistent with multiple objectives and policies in the City of Diamond Bar General Plan. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Development Code Amendment No. PL 2011-146 by adopting the ordinance attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADOPTED THIS 10" DAY OF MAY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Jac hah, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of May, 2011, by the following vote: AYES: Commissioners: Lin, VC/Lee, Chair/Shah NOES: Commissioners: None ABSENT: Commissioners: Nelson, Tong ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 2 DCA PL11-145 Exhibit A ORDINANCE NO. AN ORDINANCE OF THE CITY OF DIAMOND BAR REGARDING RECOVERY OF ATTORNEY FEES IN NUISANCE ABATEMENT PROCEEDINGS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. This ordinance serves to clarify existing provisions of the Diamond Bar Municipal Code relative to recovery of attorney fees incurred in the abatement of nuisances by clarifying that all references to legal "costs" were intended to and do include the City's attorney fees. This ordinance is declarative of existing law. Section 2. Subparagraph (2) (b) of Section 22.78.060 of the Diamond Bar Municipal Code is hereby amended to read as follows: "Costs and damages. Any person violating any provisions of this Development Code, or permits issued in compliance with this Development Code, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents and agencies as a direct result of the violations. Costs shall include, but not be limited to, city staff costs, attorney fees, expert fees and court costs." Section 3. Subparagraph (1) of Section 22.78.070 of the Diamond Bar Municipal Code is hereby amended to read as follows: "Record of costs. The department shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this Development Code, and shall recover the costs from the property owner, in compliance with this section. Staff time shall be calculated at an hourly rate established and revised from time to time by the council. Attorney and expert time shall be based on the hourly rates paid by the city for those services." PASSED, APPROVED AND ADOPTED this day of 2011. Steve Tye, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2011, and was finally passed at the regular meeting of the City Council of City of Diamond Bar held on the day of , 2011, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST Tommye Cribbins, City Clerk