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City of Diamond Bar Planning Commission Handbook
Planning Commission Resolution No. 2005-36
CITY OF DIAMOND BAR
PLANNING COMMISSION HANDBOOK
Table of Contents
I. INTRODUCTION .......................................................................................1
II. GENERAL INFORMATION
City History .................................................................................................3
Diamond Bar's Form of Government ..........................................................3
City Advisory Bodies ...................................................................................4
City Staff .....................................................................................................4
III. COMMISSION MEMBERSHIP AND OPERATIONS
Membership ................................................................................................7
Officers .......................................................................................................7
Vacancies ...................................................................................................8
Quorum ......................................................................................................8
Meetings .....................................................................................................8
Agenda for Meetings ..................................................................................9
Public Hearings ........................................................................................ 10
Limitation on Collecting Evidence Outside the Hearing ............................ 11
Compensation .......................................................................................... 11
Reimbursement ........................................................................................ 11
Staff Liaison .............................................................................................. 11
IV. COMMISSION ROLE
Purpose .................................................................................................... 13
Duties ..................................................................................................... 13
Meeting Procedures ................................................................................. 13
Motions ..................................................................................................... 17
Resolutions ............................................................................................... 19
Voting ....................................................................................................... 20
Staff Responsibilities ................................................................................ 20
Staff Requests Procedures ....................................................................... 21
Minutes ..................................................................................................... 21
Commission Recommendations ............................................................... 22
Relations with City Council, Commissions and Committees ..................... 22
Relations with the Public. ......................................................................... 22
City of Diamond Bar Planning Commission Handbook
Planning Commission Resolution No. 2005-36
V. LEGAL RESTRAINTS
The Brown Act .......................................................................................... 23
Conflict of Interest ..................................................................................... 23
Disqualification from Commission Decisions ............................................ 23
Public Records Law .................................................................................. 24
Discrimination and Equal Protection ......................................................... 24
Due Process ............................................................................................. 24
California Environmental Quality Act (CEQA). .......................................... 24
Importance of Findings in Quasi-Judicial Action ....................................... 29
Topanga: The Cornerstone for Findings. .................................................. 29
Preparation of Findings: A Question of Timing ......................................... 30
Bridging the Gap ....................................................................................... 32
Specific Action .......................................................................................... 32
Summary .................................................................................................. 34
VII. APPENDIX
City Telephone List/Commission Phone Numbers ................................... 36
Description of Commissions/Committees ................................................. 37
Statement of Principles ............................................................................. 37
Policies for Service ................................................................................... 37
Diamond Bar Organization Chart .............................................................. 39
City of Diamond Bar Planning Commission Handbook,
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I. INTRODUCTION
Congratulations on your appointment as a Planning Commissioner!
The City of Diamond Bar encourages and promotes resident involvement in City
government. Appointment to the Planning Commission enables residents to play a key
role in the important function of formulating and implementing the land use policies of the
City.
This handbook is intended to give you an orientation to your role as a Planning
Commissioner. It includes an overview of the Commission's role and responsibilities and
the structure and procedures of Diamond Bar's Municipal Government . We hope that this
handbook will be useful to you in your ongoing activities as a member of the Commission.
When in doubt as to your legal obligations and responsibilities, always feel free to ask
your staff for advice; when appropriate, the City Attorney will be consulted to assist you.
Diamond Bar Commissioners are vital to the City's organization and its efforts to meet the
needs and interests of the Community. It is hoped this handbook will assist you as a
member of the team. The City Council and staff are most appreciative of your time and
efforts.
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II. GENERAL INFORMATION
History of Diamond Bar
As with many Southern California communities, Diamond Bar's recorded history began
with a 4340-acre Spanish land grant deeded by Governor Alvarado to Jose del la Luz .
The land was divided into parcels, which changed hands many times prior to 1900 . In
1918, Frederick E. Lewis bought most of the original Rancho Los Nogales area to
establish a cattle ranch and registered the Brand of Diamond Bar with the Department of
Agriculture.
In 1956, Transamerica Corporation paid $10 million to purchase 8,000 acres of Diamond
Bar Ranch from the Bartholome Family. Transamerica formed a master-planned
community that would eventually become home to some 53,500 people . The first model
homes were built at the north end of town in 1960 and a development "boom" was begun.
The first effort to gain local voice in government began with the formation of the Diamond
Bar Homeowners Association in 1964. The name was changed in 1986 to the Diamond
Bar Improvement Association (DBIA) to serve the community as a whole. Between 1964
and 1989, the DBIA represented the community before various county agencies on
matters of development and accepted responsibility for enforcing covenants, conditions
and restrictions (CC&R's) on the deeds of all residential tracts. In 1976, the Los Angeles
County Board of Supervisors created the Diamond Bar Municipal Advisory Council (MAC)
to provide a focal point for community input to county government.
Diamond Bar's Form of Government
The City of Diamond Bar was incorporated as a general law city on April 18, 1989, with a
Council/Manager form of government.
The City Council is composed of five members elected for staggered four year terms . It
is the governing body of the City, vested with regulatory and corporate power. The City
Council establishes policy and is ultimately responsible to the people for the actions of
the local government. The mayor and mayor pro-tem, selected annually by the City
Council, preside over the Council.
Diamond Bar is a typical suburban bedroom community with limited commercial and
industrial land. Commercial acreage is primarily developed with uses designed to serve
residents of the community. Today's Diamond Bar is a young, upscale residential
community of about 58,000 situated among meandering hills and valleys of Brea Canyon.
Covering 14.77 square miles, it is located at the junction of the "57" and "60" freeways.
City of Diamond Bar Planning Commission Handbook,
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City Advisory Bodies
The City Council has established several permanent commissions to assist it in operating
the City’s government. These commissions are generally advisory in nature, although the
Planning Commission is unique insofar as it possesses decision-making powers. The
powers of the Planning Commission are set forth in the California Government Code and
in the Municipal Code.
From time to time, the City Council established temporary committees and task forces to
address specific issues of interest to the community. The primary purpose of these
committees is to gather information, weigh public opinion, and examine issues in -depth
in order to make a recommendation to the City Council.
City Staff
City Manager – The City Manager is responsible for the administration of the City's
government. He/she is appointed by the City Council and in turn appoints department
heads and employees to operate the City government and provide services to the
community. The City Manager directs the work of all departments in the implementation
of the policy directions determined by the City Council. The City contracts for police, fire,
and building and safety services.
• The Planning Division is charged with advanced and current planning; coordination
and monitoring of growth and development; implements the General Plan; and
Community Development Block Grant programs. The Division prepares and
administers projects for compliance with the Municipal Code. The Planning Division
insures that all projects receive the required environmental review in compliance with
the California Environmental Quality Act (CEQA).
• The Building and Safety Division is responsible for the protection of public health and
safety through the enforcement of the building and related codes. This division
provides for building and safety plan check, permit issuance and inspection services.
• The Economic Development Division is responsible for business attraction, business
retention, and the advancement and administration of economic development.
• The Neighborhood Improvement Division enforces the City’s Municipal Code.
• The Public Works/Engineering Division is responsible for the City’s traffic and
transportation activities; grant administration; administration of related Capital
Projects and Funds; day-to-day maintenance of publicly owned properties (i.e. streets,
curbs, gutters, sidewalks, traffic signals, signs street lights, sewers and storm drains).
The Division coordinates City projects and plans with other governmental agencies to
ensure that the City’s concerns are addressed.
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This Division is also responsible for land development improvements and manages
and enforces the City’s requirements for subdivisions, lot development, utilities,
vehicle/pedestrian traffic, and the use of public right -of-way. All plans and projects
for proposed development are reviewed and any required reports are prepared for
the Planning Commission, Traffic and Transportation Commission and the City
Council.
• The Community Services Division is responsible for the maintenance and operation
of the City’s parks and municipal buildings. This includes grounds maintenance, facility
upkeep, park improvements and capital projects. This Division also administers the
City’s community recreation programs, and City sponsored activities.
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III. COMMISSION MEMBERSHIP AND OPERATIONS
Membership
The Planning Commission consists of five (5) members, each of whom must be a
Diamond Bar resident. Each Planning Commission member is appointed by one member
of the City Council, subject to approval by the Council as a whole . Commissioners are
appointed to two year terms of office, expiring on the last day of February of even
numbered years.
Selection to the Planning Commission is based on the following: a broad perspective and
concern for the welfare and progress of the City; a familiarity with the City’s history, issues,
and goals; an interest in the Planning Commission’s function and area of responsibility; a
readiness to devote time and effort to carrying out a Commissioner’s duties and
responsibilities; and willingness to be aware of and understand the City Council’s policies
and goals.
Each member of the Planning Commission shall be deemed to have resigned from
his/hers position on the Commission ninety (90) calendar days after the succession of the
City Council person who appointed the Commissioner. That position will be deemed
vacant and available for appointment for the otherwise unexpired term, if any.
Officers
The Planning Commission at its first regular meeting in March of each calendar year
elects a Chairperson and Vice-Chairperson from among its appointed members for a term
of one year. The Commission may create and fill such other offices as may be deemed
necessary.
Chairperson - The Chairperson is the presiding officer at all Planning Commission
meetings. The Chairperson is responsible for the maintenance of order and decorum at
all times. The Chairperson also signs resolutions and documents approved by the
Commission at meetings when he or she is in attendance. In the absence of the
Chairperson, the Vice Chairperson performs those functions. In the absence of both the
Chairperson and the Vice-Chairperson, the Commission must elect a temporary
Presiding officer to serve until the arrival of the Chairperson or Vice -Chairperson or until
adjournment.
The Chairperson may appoint standing or ad hoc subcommittees of less than a quorum
of the Commission. Subcommittees may then meet to carry out their assigned tasks.
Meetings of subcommittees will be arranged by staff.
Vice-Chairperson - The vice-Chairperson, in the Chairperson's absence or inability to
act, shall take the place of and perform all duties of the Chairperson.
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City of Diamond Bar Planning Commission Handbook,
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Vacancies
A planning commissioner automatically vacates his or her position on the Commission if
absent from three (3) consecutive regular meetings, or from more than fifty percent (50%)
of the regular meetings in any one (1) year.
Any member of the Planning Commission may be removed without cause during his/her
term of office by a four-fifths vote of the City Council. No such member may be removed
during the initial three months of any term of office for which he/she is appointed except
by unanimous vote of the City Council.
If a vacancy occurs, other than by expiration of a term, an appointment to fulfill the
unexpired remainder of the term must be made within thirty days by the Councilmember
who appointed, or had the opportunity to appoint, the Commissioner whose position was
vacated. If that Councilmember fails to appoint within the thirty-day period, a majority of
the City Council is authorized to appoint to fill the vacancy.
Quorum
A quorum consists of a three members of the Commission and is sufficient to conduct
business. Motions may be passed 2-1 if only 3 Commissioners are in attendance. A
quorum is required to conduct business at any meeting, whether it is a regular, adjourned
or special meeting. While a Commissioner is expected to be present at all meetings, if
he/she knows in advance that his or her attendance is not possible, he or she should
notify the Commission Secretary.
• The Brown Act requires that a regular meeting date and time be established each
month. Meetings may be cancelled if there is not sufficient business to be discussed .
If a majority of Commissioners will not be present to allow for a quorum, the following
steps should be taken to ensure that a public meeting is properly cancelled :
• State the intention to cancel the meeting a minimum of 72 hours prior to cancelled or
rescheduled date;
• Send out written notices to all affected parties (those that receive the agenda packets);
• Assign a staff member to attend the cancelled meeting to inform anyone that arrives
that the meeting will not take place. This person must stay a minimum of 15 minutes.
Meetings
Regular Meetings - The Planning Commission meets on the second and fourth Tuesday
of each month at 7:00 p.m. at the South Coast Air Qua lity Management
District/Government Center Auditorium, 21865 Copley Drive as specified in a Resolution
adopted by the Commission. The meeting time and place may be changed with 24 -hour
notice duly given to the public and media to accommodate specific needs .
City of Diamond Bar Planning Commission Handbook,
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Adjourned Meetings - If, for any reason, the business to be considered at a regular
meeting cannot be completed, the Commission may designate a time and date for an
adjourned meeting. Any matter to be considered at the regular meeting may be
considered at an adjourned meeting. The adjournment must be announced to the public
present at the time and recorded in the minutes. A notice of adjournment must be posted
near the door of the room where the meeting was held within 24 hours of said
adjournment. Any meeting may be adjourned to a time, place, and date certain, but not
beyond the next regular meeting. Once adjourned, the meeting may not be reconvened.
Special Meetings - Special meetings may be called by the Chairperson or majority of
Commissioners with notice given to the commissioners and media at least 24 hours prior
to the special meeting. The notice of the meeting must specify the time and place of the
meeting and the business to be transacted, and only matters specified in the notice may
be considered pursuant to Section 54956 of the California Government Code. Special
meetings shall be open to the public and held at such time and place as set forth in the
notice.
Study Sessions - Study sessions, often called "work sessions" are usually informal,
though public. They are usually scheduled as adjourned regular meetings and have a
separate agenda.
Notice of all meetings and public hearings is made pursuant to California Government
Code Sections 54950 et seq. and Diamond Bar Municipal Code (DBMC) Section 22.72.
Agendas and public hearing notices are posted as required by law.
All regular and adjourned meetings, study sessions and special Planning Commission
meetings are open to the public. Every regular meeting’s agenda must provide an
opportunity for members of the public to directly address the Commission on items of
public interest that are within the Commission’s jurisdiction. Additionally, members of the
public must be provided an opportunity to address the Commission on any agenda item
prior to or concurrently with, the Commission’s consideration of the item. The Commission
may establish its own procedures relative to public participation, provided that the
procedure does not conflict with the Brown Act.
Agenda for Meetings
The Commission Secretary is responsible for preparation and distribution of the agenda
and supporting documents prior to e ach meeting. The Agenda must be posted 72 hours
prior to a regular meeting. The Order of Business of each meeting shall be as contained
in the Agenda prepared by the Secretary. The Agenda shall indicate the schedule and
subject of public hearing(s) and be a listing by topic of subjects which shall be taken up
for consideration and disposition. However, with the consent of the Commission, items
may be taken out of order.
City of Diamond Bar Planning Commission Handbook,
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A Commissioner may request to place one item on the agenda per meeting. The Planning
Commission Secretary’s advice shall be obtained pertaining to the staff’s work load, costs
that may be encumbered by the City, and urgency of the item. No discussion, action or
commitment may be taken on items that are not on the posted agenda. The Commissio n
must entertain comments from the public and commissioners may make brief reports or
responses, but these should be kept short and any matter that the Commission wishes to
discuss at length should be scheduled for a future meeting.
Public Hearings
Official public hearing notices are advertised per DBMC Section 22.72.020. Hearings held
by the Commission should be fair and impartial. If any member is biased or has a personal
interest in the outcome of the hearing, that member must disqualify himself/hersel f and
not participate.
Persons and/or groups who may be affected by the subject of the hearing should be given
sufficient notice and a reasonable opportunity to be heard. They may be represented by
counsel or any other representative if desired and may be permitted to present oral and
documentary evidence.
At the appropriate time, the Chairperson should open the hearing and explain to the
audience the hearing procedures. The manner of conducting hearings is at the
Chairperson’s control and discretion. If there are numerous persons who would like to
participate, and all represent the same view and opinions, the Chairperson may ask that
a spokesperson be selected to speak for the group. If this arrangement cannot be made,
the Chairperson may restrict each speaker to a time limit so all may be heard. Irrelevant
and off-the-subject comments should be ruled out of order by the Chairperson.
After the hearing is opened, staff presents the staff report, followed by Commissioners’
questions relating to the report. Proponents should then be given the opportunity to
present their case first. The proponents are followed by any other speakers interested in
the matter. Proponents can then present their rebuttal, if any. Questions may be asked
through the Chairperson. After all interested persons have had an opportunity to speak,
the hearing should be closed, which ends the audience participation. Commissioners may
then discuss and take action on the proposal.
No hearing that has been closed may be reopened without additional notice in the same
manner as the original hearing. An exception allows a hearing to be reopened at the same
meeting it was closed and before the Commission has taken up another matter, and if no
interested person has left the meeting room.
City of Diamond Bar Planning Commission Handbook,
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Limitation 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.
Hence, procedural problems can arise if Commissioners collect evidence outside of the
public hearing without disclosure at the hearing. For example, the Commissioners may
find it desirable to visit the site that is the subject of an application. So long as the
Commissioner indicates on the record that he/she has done so and describes what was
seen, a site visit will not affect the validity of the hearing . The Commissioner should avoid
speaking to applicants or other members of the public about a matter that is the subjec t
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 obtain ed by the
individual Commissioner, outside of the hearing, will become part of the record, and will
be subject to rebuttal during the hearing.
Compensation
Commissioners are compensated for attending regularly scheduled, adjourned and
special Planning Commission meetings, in a fixed sum established by City Council
resolution. The Commission Secretary is responsible for processing warrants for
payments and Commissioners are paid on a monthly basis. Each Commissioner has the
right and opportunity to waive his or her compensation; a letter waiving compensation
must be sent to the City Manager.
Reimbursement
The Commission may receive reimbursement for travel, meals, lodging and related
expenses incidental to the performance of their official duties, including attendance at
seminars, conferences or training courses. Prior approval is required to be obtained from
the City Council for attendance at seminars or conferences. All other expenses require
City Manager approval. Said expenses may be advanced to Commissioners or otherwise
paid in accordance with policies, established by City Council. The Commission Secretary
will handle all paperwork necessary to receive compensation.
Staff Liaison
The Assistant City Manager/or designee shall be the Secretary to the Planning
Commission.
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City of Diamond Bar Planning Commission Handbook,
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IV. COMMISSION ROLE
Purpose
Pursuant to California Government Code Section 65103, Planning and Zoning Law, the
Planning Commission’s primary responsibility is to implement the General Plan. The
General Plan is a comprehensive, long-term plan for the City’s physical development and
areas within its sphere of influence. The Commission from time to time reviews and
recommends amendments to the General Plan.
Duties
State law (Government Code Section 65902) and Diamond Bar Municipal Code Section
22.64.050 set forth the various duties of the Planning Commission. The Commission has
decision making authority, subject to appeal to the City Council, on a variety of quasi -
judicial permits and entitlements, including conditional use permits, variances,
development permits and subdivision maps. In addition, the Commission considers and
makes recommendations to the City Council for final decisions on:
• Capital Improvement Projects’ Conformance to the General Plan;
• Development agreements;
• Development Code amendments;
• Environmental documents;
• General plan amendments;
• Specific plans;
• Zoning map amendments;
• Applicable policy or ordinance matters related to the City’s planning process.
Meeting Procedures
The following steps are recommended for the efficient conduct of meetings:
Call to order - Every meeting shall be called to order by the Presiding officer. In the
absence of both the Chairperson and Vice-Chairperson, the meeting shall be called to
order by the Secretary, whereupon the Secretary shall immediately call for the selection
of a temporary Presiding Officer.
Roll Call - The order of roll call shall be alphabetical with the Chairperson called last, and
the Secretary shall enter the names of those present in the Minutes.
Public Comments - Public Comments is the time reserved on each regular meeting
agenda to provide an opportunity for members of the public to directly address the
Commission on items or matters of interest to the public that are not already scheduled
for consideration on the agenda. The speaker may complete a voluntary request form to
address the Commission and hand the form to the Secretary.
City of Diamond Bar Planning Commission Handbook,
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Consent Calendar - All matters under consent items on the agenda are considered
routine and will be acted upon without discussion unless a Commission member or
audience member has a question or would like to discuss an item . In that event, the
Chairperson will remove that item from the Consent Calendar and place it for separate
consideration.
Presentation by Members of the Commission - Any Commissioner may bring before
the Commission any new business. These matters need not be specifically listed on the
Agenda, but extended discussion and/or action on such matters must be deferred until a
subsequent meeting unless added to the agenda by a 2/3 vote of those present pursuant
to California Government Code Section 54954.2 on the ground that the item came to the
attention of the City after the posting of the agenda and that there is an immediate need
for action.
Points of Order - The Presiding Officer shall determine all Points of Order subject to the
right of any member to appeal to the Commission . If any appeal is taken, the question
shall be "Shall the decision of the Presiding Officer be sustained?" in which event a
majority vote shall govern and conclusively determine such question of order.
Decorum and Order - Commission Members - Every Commissioner desiring to speak
shall address the Chair and, upon recognition by the Presiding Officer, shall confine
himself or herself to the question under debate.
Every Commissioner desiring to question the administrative staff shall address his or her
question to the Secretary who shall be entitled either to answer the inquiry directly or to
designate some member of staff for the purpose.
A Commissioner, once recognized, shall not be interrupted while speaking unless called
to order by the Presiding officer, unless a Point of Order is raised by another
Commissioner or unless the speaker chooses to yield to questions from another
Commissioner.
If a Commissioner is called to order while speaking, he or she shall cease speaking
immediately until the question of order is determined. If ruled to be in order, he or she
shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or
shall alter his or her remarks so as to comply with rules of the Commission.
Commission Members shall accord the utmost courtesy to each other, to Cit y employees,
and to the public appearing before the Commission and shall refrain at all times from rude
and derogatory remarks, reflections as to integrity, abusive comments and statements as
to motives and personalities.
Any Commissioner may move to require the Presiding Officer to enforce the rules, and
the affirmative vote of a majority of the Commission shall require him or her to so act.
City of Diamond Bar Planning Commission Handbook,
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Members of the Commission shall not leave their seats during a meeting without the
consent of the Presiding Officer.
Participation of Presiding Officer - The Presiding officer may move, second, and
debate from the Chair, subject only to such limitation of debate as are imposed on all
Commission Members, and shall not be deprived of any of the rights a nd privileges of a
Commission Member by reason of acting as Presiding officer. However, the Presiding
Officer is primarily responsible for the conduct of the meeting.
Decorum and Order – Employees - Members of the Administrative Staff and employees
of the City shall observe the same rules of procedure and decorum applicable to
Commission members. The Secretary shall insure that all City employees observe such
decorum. Any staff member, including the secretary, desiring to address the Commission
or members of the public shall first be recognized by the Chair . All remarks shall be
addressed to the Chair and not to any one individual Commissioner or public member.
Decorum and Order – Public - Public members attending Commission meetings shall
observe the same rules of order and decorum applicable to the Commission . Any person
who becomes boisterous or disruptive while addressing the Commission or while
attending the Commission meeting shall be removed from the room by the sergeant -at-
arms if so directed by the Presiding officer, and such person may be barred from further
audience before the Commission. Unauthorized remarks from the audience, stamping of
feet, whistles, yells, and similar demonstrations shall not be permitted by the Presiding
officer, who shall direct the sergeant-at-arms to remove such offenders from the room.
Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding
Officer.
Enforcement of Decorum - The Secretary shall be ex-officio Commission’s sergeant-at-
arms and shall carry out all orders and instructions given him or her by the Presiding
Officer for the purpose of maintaining order and decorum . Any person disrupting
Commission proceedings may be deemed guilty of a misdemeanor, and upon convicti on
thereof, shall be punished by fine or imprisonment or both . Upon instructions form the
Presiding Officer, it shall be the duty of the Secretary or his or her representative to eject
any person from the meeting.
Personal Privilege - The right of a member to address the Commission on a question of
personal privilege shall be limited to cases in which such member's integrity, character,
or motives, are assailed, questioned, or impugned.
Personal Interest - No member prevented from voting by personal inte rest shall remain
on the dais during the debate and vote on any such matter. In the event of such conflict,
the member shall publicly state the grounds for the record and upon acceptance by the
Chair shall leave his or her seat and leave the room during de bate on the issue.
City of Diamond Bar Planning Commission Handbook,
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Limitation of Debate - No member shall be allowed to speak more than once upon any
one subject until every other member choosing to speak thereon shall have spoken . No
member shall speak for a longer time than five minutes each time he or she has the floor,
without the approval of majority vote of the Commission.
Dissents and Protests - Any member shall have the right to express dissent from or
protest any action of the Commission and have the reason entered in the minutes . Such
dissent or protest to be entered in the minutes shall be made in the following manner: "I
would like the minutes to show that I am opposed to this action for the following reasons
... ".
Procedures in Absence of Rules - In the absence of a rule to govern a point of
procedure, Robert's Rules of order shall govern.
Manner of Addressing the Commission - Any person desiring to address the
Commission shall proceed to the podium and wait to be recognized, he or she shall state
his or her name and city of residence for the record and shall limit his or her remarks to
the questions under discussion. All remarks and questions shall be addressed to the
Chair and not to any individual Commission Member, staff member or other person . No
person shall enter into any discussion without being recognized by the Presiding Officer.
Time Limitation - Any public member addressing the Commission shall limit his or her
address to five (5) minutes unless further time is granted by the Chairperson.
Addressing the Commission after Motion is Made - After a motion has been made or
after a public hearing has been closed, no person shall address the Commission without
first securing permission by a majority vote of the Commission.
Written Correspondence - The Secretary is authorized to receive and open all mail
addressed to the Commission as a whole and give it immediate attention to the end that
all administrative business referred to in said communications and not necessarily
requiring Commission action may be disposed of between meetings. Any communication
requiring action will be reported to the Commissio n at its next regular meeting together
with a report and recommendation of the Secretary.
Regular Agenda Items/Public Hearings:
✓ Announce the item and what is to be discussed.
✓ Ask staff to present the report.
✓ Ask the Commission if they have questions for staff.
✓ Ask the Owner/Applicant if they would like to present report.
✓ Open the item for public discussion.
✓ Invite those in favor of the item to speak.
✓ Invite those in opposition to the item to speak.
✓ Ask staff if any written communications have been received and, if so, have them
read or summarized into the record.
City of Diamond Bar Planning Commission Handbook,
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✓ Ask the Commission if they have questions for staff or public.
✓ Turn the item over to the Commission for discussion.
✓ After a motion is made and seconded, the matter may be discussed by the
Commission. If there is no second, the motion dies. Amendments may be made
by proposal of new motions but are only effective upon receiving a second .
Discussion of an amendment may only take place after a motion has been made
and seconded. The amendment must be voted upon by the entire Commission
and if defeated, then the original motion will be voted upon.
Motions
The substance of a motion is presented by the moving Commissioner, requires a second,
and normally only requires a majority or a quorum (like most resolutions).
Processing of Motions - When a motion is made and seconded, it shall be stated by the
Presiding officer before debate. A motion shall not be withdrawn by the mover without the
consent of the member seconding it and the approval of the Commission.
A motion is subject to the following steps:
1. The Commissioner asks to be recognized by the Chairperson;
2. After being recognized, the Commissioner makes the motion with, “I move…”;
3. Another Commissioner seconds the motion. If the motion is not seconded, it fails;
4. The Chairperson states the motion and asks for discussion;
5. When the Chairperson feels there has been sufficient discussion, the debate is
closed with, “Are you ready for the question?” or “Is there any further
discussions?”;
6. If no Commissioner asks for permission to speak, the Chairperson puts the
question to vote;
7. After the vote, the Chairperson announces the decision as is appropriate with: “The
motion is carried” or “The motion fails.”
Phrasing a motion is often difficult and corrections may be necessary before it is acted
upon. Until the Chairperson states the motion, the Commissioner 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.
Motions may be passed 2-1 if only three Commissioners are in attendance. A split vote
(negative, affirmative, or neutral) shall equal denial of the action as submitted.
When the Commission is acting in an adjudicative capacity, and if a Commissioner is to
vote on a matter that is the subject of a public hearing, the Commissioner should be
present during the public hearing. However, if the public hearing has been closed and
continue for a decision to another date, or the hearing is continued to another date, an
absent Commissioner can vote if the Commissioner states the following on the record, “I
City of Diamond Bar Planning Commission Handbook,
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have listened to the full tape of the prior hearing(s) and read all documents considered at
the prior hearing(s) on this matter.
Motions to Amend - A motion to amend shall be debatable only as to amendment . A
motion to amend an amendment shall be in order, but an am endment to amend an
amendment to an amendment shall not be in order. An amendment modifying the
intention of a motion shall be in order, but an amendment relating to a different matter
shall not be in order. A substitute motion on the same subject shall be acceptable, and
voted on before a vote on the amendment . Amendments shall be voted first, then the
main motion as amended.
Motions for Reconsideration - For any action requiring a resolution passage, a motion
for reconsideration may not be introduced aft er the closing of the meeting where the
resolution was adopted. Motions for reconsideration of actions which do not require a
resolution passage may be introduced at any subsequent meeting. However, if a motion
for reconsideration is introduced, it must be by a Commissioner that was among the
majority of the action for which reconsideration is sought. Such a motion may be
seconded by any Commissioner who voted on the action or who would be eligible to vote
on it if the motion for reconsideration carries. An y questions regarding this point should
be referred to the City Attorney.
Motions Out Of Order - The Presiding officer may at any time, by majority consent of the
Commission, permit a member to introduce an ordinance, resolution, or motion out of the
regular Agenda order.
Division of Question - If the question contains two or more divisible propositions, the
Presiding officer may, and upon request of a member shall (unless appealed), divide the
same.
Precedence of Motions - When a motion is before the Commission, no motion shall be
entertained except the following which shall have precedence in the following order:
1. Adjourn
2. Fix hour of Adjournment
3. Table
4. Previous Question
5. Amend
6. Postpone
Motion to Adjourn (not debatable) - A motion to adjourn shall be in order at any time
except as follows:
1. When repeated without intervening business or discussion,
2. When made as an interruption of a member while speaking,
3. When the previous question has been ordered, and
City of Diamond Bar Planning Commission Handbook,
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4. While a vote is being taken.
A motion to adjourn "to another time" shall be debatable only as to the time to which the
meeting is adjourned.
Motion to Fix Hour of Adjournment - Such a motion shall be to set a definite time at
which to adjourn and shall be undebatable and unamendable except as to time set.
Motion to Table - A motion to table shall be used to temporarily by -pass the subject. A
motion to table shall be undebatable and shall preclude all amendments or debate of the
subject under consideration. If the motion shall prevail, the matter may be "taken from the
table" at any time prior to the end of the next regular meeting.
Motion for Previous Question - Such a motion shall be used to close debate on the
main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the
motion passes, a vote shall be taken on the main motion.
Motion to Continue - Motions to continue to a definite time shall be amendable and
debatable as to propriety of postponement and time set.
Resolutions
Resolutions should be in written form before the Commission. The appropriate motion is
"I move that Resolution No. be adopted." Reading of the title is not legally required. Upon
seconding, a vote is taken. A roll call vote is the desirable procedure on all resolutions.
Resolutions Prepared in Advance - Where a resolution has been prepared in advance,
the procedure shall be: motion, second, discussion, vote and result declared. It shall not
be necessary to read a resolution in full or by title except to identify it . Any member may
call for a roll call vote or require that the resolution be read in full.
Resolutions Not Prepared in Advance - Where a resolution has not been prepared in
advance, the procedure shall be to instruct the staff to prepare a resolution for
presentation at the next meeting as follows: motion, second, "no objections? - so
ordered".
Urgency Resolutions - In matters of urgency a resolution may be presented verbally in
motion form together with instructions for written preparation for later execution . After the
resolution has been verbally stated, the voting procedure for resolutions prepared in
advance shall be followed. Urgency resolutions shall be avoided except when absolutely
necessary.
City of Diamond Bar Planning Commission Handbook,
21
Voting
Question to be Stated - The Presiding Officer may verbally restate each question
immediately prior to calling for the vote . Following the vote, the Presiding Officer may
verbally announce whether the question carried or was defeated . The presiding officer
may also publicly state the effect of the vote for the benefit of the audience before
proceeding to the next item of business.
Voting Procedure - On the passage of every motion, the vote shall be taken by voice or
roll call and entered in full upon the record. The order of voting shall be alphabetical with
the Chairperson voting last.
Roll Call Voting - Resolutions shall be considered by roll call vote. Any other questions
before the Commission shall not require a roll call vote unless demanded by any member
before the negative has been put. It shall not be in order for members to explain their vote
during roll call. Any member may change his or her vote before the next order of business.
Failure to Vote - Every member shall vote unless disqualified for cause accepted by vote
of the Commission or by opinion of the City Attorney. Self-disqualification, without
approval, which results in a tie vote, shall be avoided as thwarting Commission action.
However, no Commission member who abstains shall in effect consent that a majority of
the quorum may act for him or her. Tie votes shall be lost motions and may be
reconsidered.
Reconsideration - Any member who voted with the majority may move a reconsideration
of any action at the same meeting. After a motion for reconsideration has once been acted
on, no other motion for reconsideration thereof shall be made without unanimous consent
of the Commission.
Staff Responsibilities
The Assistant City Manager/or designee lends technical support to the Commission and
serves as the Secretary to the Commission. He or she provides the data, information and
professional counsel to the Commission while serving as liaison between policy
formulation and implantation of same through administrative procedures.
The Assistant City Manager/or designee is primarily responsible for administering the
day-to-day operation and functions of the Community and Development Services
Department within the policies and guidelines as established by the City Council and the
City Manager. It is also the responsibility of the Assistant City Manager/or designee to
function as communicator between staff, the Commission, and the City Manager.
The Assistant City Manager/or designee will facilitate clear, concise and efficient
communication of all direct questions, comments, and requests for inform ation between
City of Diamond Bar Planning Commission Handbook,
22
the Commission, City Manager and staff as well as similar requests between individual
Commission members and individual staff.
The City Manager will assign additional staff to assist the Commission in a technical and
professional capacity, as needed. It is not expected that every staff recommendation will
be followed; however, because of staff's technical knowledge, full consideration should
be given to their recommendations. Staff members make objective recommendations
without consideration of personal or political consequences . Following a staff report or
recommendation to the Commission, staff is at liberty to make the same recommendation
to the City Council via the City Manager, even though the Commission may have taken a
different position.
Staff Request Procedures
All Commissioners' requests for information from staff requiring extensive time
commitments will come through the Commission as a whole at a regular meeting during
Commissioners Comments. If a Commissioner considers the request an emergency, and
time allows, he or she shall attempt to obtain the Chairperson's approval to direct the
request to the Assistant City Manager/or designee. If the Chairperson is unavailable, then
the Commissioner may directly contact the A ssistant City Manager/or designee. The
Assistant City Manager/or designee will then report to the Commission at the next regular
meeting the nature of the request and the action taken. When a request is made by a
Commissioner for copies of correspondence or information, then all Commissioners shall
be sent copies of the same information.
Each Commission may adopt rules and procedures to accomplish its duties . These rules
are subject to City Council approval.
Minutes
Minutes are taken at all Commission meetings, transcribed and included in the following
agenda packet. Once approved, the minutes are forwarded to the City Council for their
information. Minutes are then kept as the official record for the Planning Commission's
actions and are open for public review.
Unless the reading of the minutes of the previous meeting is requested by a majority of
the Commission, such minutes may be approved without reading if the Secretary has
previously furnished each Commissioner with a copy thereof.
The minutes shall consist of a clear and concise statement of each and every action
including the motions made and the vote thereon. Reasons for making a motion, or voting,
debate and audience reaction are generally not included in the minutes . Such items may
be included if considered to be particularly relevant or otherwise necessary by the
Secretary in the first instance and by the Commission in the final instance . The Secretary
City of Diamond Bar Planning Commission Handbook,
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shall have exclusive responsibility for preparation of the minutes, and any directions for
changes in the minutes shall be made only by action of the Commission.
Commission Recommendations
Planning Commission actions can be either advisory or conclusive unless appealed to
the City Council. Advisory actions are transmitted to the City Council by the Planning
Commission Secretary for final action/decision.
Relations with City Council, Commissions and Committees
In areas where there is an overlap of jurisdiction between various Commissions, it is
important that a liaison be developed to insure consideration of the different viewpoints
and to minimize duplications of efforts. Joint meetings with the City Council and other
Commissions and committees may be mutually beneficial whenever two bodies are
simultaneously addressing the same topic.
Planning Commission members may address the City Council on any matter as
individuals or with majority approval of the Commission, on behalf of the Commission.
The Commission or a member may disagree with the City Council on an issue. Once the
City Council has established a position on a policy or legislative issue, the Commission
must accept the position, policy, and program adopted by the City Council. If personal
ethical problems arise, resignation from the Commission is appropriate. The Planning
Commission should not attempt to predict City Council action, either publicly or privately.
Commissioners may and should interpret City Council policies or identify trends in Council
thinking.
The Planning Commission or its members should not discuss individual concerns
regarding personnel related matters with employees. These matters should be referred
to their respective supervisors, department head, or the City Manager.
Relations with Public
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.
City of Diamond Bar Planning Commission Handbook,
24
V. LEGAL CONSTRAINTS
The Brown Act
"All meetings of the legislative body of a local agency shall be open and public, and all
persons shall be permitted to attend any meeting of the legislative body of a local agency,
except as otherwise provided in this chapter." (Government Code Section 54953)
The law requires that meetings, at which a quorum of the Commission is in attendance,
must be open to the public. Agendas must be posted 72 hours prior to regular meetings
and they must contain a brief description of each item to be discussed in language
understandable to the public.
No action, or commitment, may be taken on items which are not on the posted agenda.
No discussion may occur regarding an item which is not posted on the Agenda . Items
brought up by the general public may be presented, but there will be no discussion held
or action taken. The Commission may refer the item to staff. Every Agenda must provide
an opportunity for the public to address the Commission. A copy of the Brown Act is
available in the City Clerk's office.
Conflict of Interest
In compliance with the Political Reform Act, the City of Diamond Bar adopted a Conflict
of Interest Code on October 3, 1989. It states that newly designated Commissioners must
file a Conflict of Interest Statement within thirty (30) days of appointment and thirty (30)
days after leaving office. Forms are obtained from the City Clerk's office and must be filed
with the City Clerk, no later than the due date.
Government Code Sections 87100 and 87103 state under what circumstances
influencing a governmental decision is prohibited and what defines a “financial interest.”
A copy is available upon request. There are a number of other conflict of interest statutes
and doctrines which govern such issues as Commission approved contracts in which
Commissioners have a financial interest, the holding of two “incompatible” public offices,
and other cases in which a Commissioner’s ability to render an impartial decision could
be questioned. The City Attorney can provide advice on any of these issues.
Disqualification From Commission Decisions
As a Commissioner, if a matter in which you have a financial interest comes before the
Commission on which you serve, and the decision will naturally affect that financial
interest, you must disqualify yourself from all participation . This means you may not
discuss the matter with your colleagues, may not participate in deliberations concerning
the matter, must abstain from voting, and refrain from any attempt to influence the
decision on this matter. Commissioners should leave the room while the matter is under
consideration in order to avoid violating these prohibitions. The financial interest leading
City of Diamond Bar Planning Commission Handbook,
25
to abstention must be identified and recorded by the Secretary. If a reason is not offered,
the Chairperson should request it. There are two exceptions to the general rule . The first
exception is that a Commissioner will not be disqualified if the decision will affect the
Commissioner's financial interest in the same manner it will affect the public generally .
The second exception is that a Commissioner may advocate on their own behalf, provided
that they do this as any other citizen would. Personal interests are defined as real property
or businesses owned entirely by a Commissioner and his/her immediate family, and
businesses managed entirely by a Commissioner, spouse, or both . City officials should
seek the advice of the City Attorney before becoming involved in any Commission
decision wherein there is the possibility of conflict of interest. It is desirable to guard
against even the suspicion of unethical conduct by any City official . City officials should
be careful to avoid any act or statement that might be misconstrued . Their official behavior
should appear to all concerned, to be above reproach.
Public Records Law
The State of California Government Code provides that all official records of the City are
open for inspection by any interested citizen at reasonable times. All Commission minutes
and supporting documents are public records and are available for public review and
copying.
Discrimination and Equal Protection
All rules, regulations, laws, services, and facilities must apply equally to all persons and
not give favor to any segment of the community. Similarly, all policies and ordinances of
the City must afford equal protection to all facets of the Community.
Due Process
Governmental procedures and processes generally provide that an affected party has a
right to be heard and to present testimony during required public hearings.
Unfair determinations, such as bias, predetermination, refusal to hear, etc., may invalidate
a Commission action.
California Environmental Quality Act Required Procedures
In general terms, the following explains the basic steps required by the California
Environmental Quality Act (CEQA). Each City is required to adopt its own local guidelines
for implementing CEQA.
City of Diamond Bar Planning Commission Handbook,
26
STEP 1 Project application received
(a) Staff decides whether the proposed activity is subject to CEQA or exempt
(1) "Exempt" means not within the definition of "project", or that it is ministerial, an
emergency project, or categorically exempt
(b) An exempt project requires no further action under CEQA or its guidelines
(1) The applicant should be notified of the determination. (State Guidelines,
§15374 and §15062 and Public Resource Code §21167 (d)
(c) Staff reports the environmental determination to the Planning Commission when
proposed action on the project is before the Commission
STEP 2 Project is subject to CEQA
(a) To determine if a project may have a significant effect on the environment, staff
conducts and prepares a written Initial Study
(1) An Initial Study consists of a completed Environmental Checklist plus staff's
analysis of environmental effects
(b) After determining that an Initial Study will be prepared, staff consults informally
with other agencies having jurisdiction over the project as to whether an
Environmental Impact Report (EIR) or Negative Declaration declaring the project
will not have significant environmental impacts should be prepared
(1) Staff may also consult with the applicant during or imme diately after the Initial
Study's preparation and determine whether the applicant is willing to modify the
project to reduce or eliminate any significant effects identified in the Initial Study
(c) If the proposed project involves the issuance of a permit, lease, license or other
entitlement for use, the City must determine in writing, within 30 days from the
applicant's receipt, if the application is "complete"
(1) A written notice of this determination must be sent to the applicant
(2) If the application is not complete, the notice must inform the applicant of all
information required to make the application "complete"
(3) If the application is complete, the notice should so inform the applicant and may
inform the applicant that an EIR or Negative Declaration will be required
STEP 3 Initial Study indicates the project may have a significant effect on the
environment
(a) Staff or applicant may suggest project revisions which, when implemented will
result in the project having no significant environmental effects
(1) If this occurs, the project should be formally revised to reflect these "mitigation
measures" and follow procedures in Step 4 (listed below)
(b) If the project may still result in one or more significant environmental effects after
mitigation measures are added, follow procedures in Step 7
(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
City of Diamond Bar Planning Commission Handbook,
27
(a) Staff prepares a proposed Negative Declaration (in accordance with State
Guidelines §§15070, 15071, 15072, 15074, and 15075) including mitigation
measures, if any, and attaches a copy of the Initial Study, documenting reasons to
support its findings
(1) A Negative Declaration is a written statement briefly describing the reasons that
a proposed project will not have a significant effect on the environment and
does not require the preparation of an environmental impact report (CEQA
Section 21064)
(2) Mitigation measures require a mitigation monitoring program which must be
prepared and adopted at the same time the Negative Declaration is adopted
(b) Public notice that a Negative Declaration has been prepared must be given before
it is approved/disapproved by the Commission (Guidelines §15072)
(1) Public review must be no less than 20 days, unless State Clearinghouse review
is required
(2) State Clearinghouse review requires that public review be extended to 30 days
(3) Notice for the proposed Negative Declaration must also be filed with the County
Clerk, who must post the notice within 24 hours afte r receipt of the proposed
negative declaration for a 30 day period
(c) The City must consult with, and solicit comments from, each agency with
jurisdiction over the project by law, consult with persons having special expertise
(State Guideline §15073), and send a copy of the proposed Negative Declaration
to these agencies
(d) If the project is of statewide, regional, or area wide significance, the proposed
Negative Declaration must be sent to the State Clearinghouse for review
(1) For a project involving the issuance of a permit, lease, license, certificate or
other entitlement for use, the Negative Declaration must be completed and
ready for review by the Commission within 105 days (plus a reasonable
extension if the developer/applicant agrees) from the date the project
application was determined "complete"
STEP 5 Negative Declaration preparations
(a) Planning Commission or Council must review and consider the Initial Study,
proposed Negative Declaration, any comments received and staff's analysis of
those comments and approves or disapproves the Negative Declaration prior to
making any determination on the project
(1) A project can not be approved until a Negative Declaration has been approved
or an EIR has been certified
(2) If the Commission finds that the proposed project may have a significant
environmental impact, the Commission rejects the Negative Declaration and
asks for an EIR to be prepared
(3) The City can approve or disapprove a project for which a Negative Declaration
is prepared within three months (plus a 90 day extension if the
developer/applicant agrees) from the date the Negative Declaration is adopted;
otherwise the project may be automatically approved by operation of law
City of Diamond Bar Planning Commission Handbook,
28
STEP 6 Negative Declaration approved
(a) A Notice of Determination (NOD) must be filed with the County Clerk
(1) If the Negative Declaration includes a finding of no adverse effect on wildlife, a
Certificate of Fee Exemption (The Fish and Game Code §710.5 et seq.) must
be filed with the NOD
STEP 7 There is or may still be a significant effect
(a) A draft EIR must be prepared (State Guideline §15064)
(b) A draft EIR must also be prepared if members of the public present substantial
evidence that the project may have a significant effect on the environment (State
Guideline §15064)
STEP 8 EIR Preparation.
(a) The City must send, by certified mail, a Notice of Preparation (NOP) to each
agency with jurisdiction over the project providing the responsible agencies with
sufficient information describing the project and the potential environmental effect
to enable the responsible agency to make a meaningful response
(1) The NOP must also be filed with the County Clerk, who must post the notice
for a 30 day period
(b) Before completing a draft EIR, staff must consult with other agencies having
jurisdiction over the project concerning the scope and content of the EIR. The other
agencies have 30 days to respond and the draft EIR cannot be circulated for review
and comment until that time has lapsed (State Guidelines §15082)
STEP 9 After the draft EIR’s completion
(a) A Notice of Completion (NOC) must be filed with the Secretary for Resources and
notice stating the significant effects on the environment, if any, anticipated as a
result of the project and an opportunity to review and comment on the EIR must
be given to the public, along with the location at which all the documents
referenced in the draft EIR are available for review
(1) A 30 day minimum public review and comment period is required
(b) The draft EIR must be sent to other agencies having jurisdiction over the project
and Trustee Agencies
(c) If the project is one of statewide, regional or area wide significance, the draft EIR
must also be sent to the State Clearinghouse for review
(1) A minimum 45 day public review period is required
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)
City of Diamond Bar Planning Commission Handbook,
29
STEP 11 Final EIR
(a) Staff assembles the final EIR which includes the draft EIR plus public and other
comments and responses to significant issues raised in the comments
(b) At least 10 days before certifying a final EIR as complete, a proposed written
response must be provided to each public agency that commented on the EIR
STEP 12 Certification of EIR
(a) The Commission reviews and considers the final EIR and makes the findings
required by CEQA and the State Guidelines prior to approving the project,
including adoption of a mitigation monitoring program
(1) No project for which an EIR is required can be approved unless such findings
have been made for each significant impact identified in the EIR
(b) Possible findings
(1) Changes or alterations have been required in the project which avoid or
substantially lessen the significant environmental effect, or
(2) Such changes or alterations are within the responsibility and jurisdiction of
another specific public agency, or
(3) Specific economic, social, or other considerations make infeasible the
mitigation measures or project alternatives identified in the final EIR (Guidelines
§15091 (a))
(c) If the Commission makes either finding (2) or (3) for any impact identified in the
EIR, CEQA requires the Commission to balance the benefits of a proposed project
against its unavoidable environmental risks in determining whether to approve the
project
(1) The Commission cannot approve the project unless it finds that the project's
benefits outweigh the unavoidable adverse enviro nmental effects. This finding
is commonly referred to as a "Statement of Overriding Considerations"
(d) Commission makes a decision on the project
(1) This can be at the same meeting as the decision on the EIR
(2) The City must approve or disapprove the application within six months of the
date the EIR is certified or the project may be approved by operation of law
STEP 13. If The Commission approves a project for which an EIR was prepared
(a) An NOD must be filed with the County Clerk, including a statement of mitigation
measures, the Commission's decision, and a statement that an EIR was prepared
and certified as required
(1) If the project requires discretionary approval from a state agency the NOD must
also be filed with the Secretary for Resources (State Guidelines §15094)
City of Diamond Bar Planning Commission Handbook,
30
Importance of Findings in Quasi-Judicial Action
From time to time the Planning Commission will be called upon to exercise its quasi-
judicial function. In other words, the Commission will sit as a "judge". Examples of quasi-
judicial decisions include decisions on whether a variance or a conditional use permit
should be approved 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.
The Topanga court defined findings as legally relevant sub-conclusions which expose the
agency's mode of analysis of facts, regulations, and policies, and which bridge the
analytical gap between raw data and ultimate decision (Topanga, supra, at pp. 515 and
516). In other words, findings are the legal foo tprints local administrators and officials
leave to explain how they progressed from the facts through established standards to the
decision.
The Topanga court outlined five purposes for making findings, three are relevant mainly
to the decision-making process and two are relevant to judicial functions.
Findings should:
1. Provide a framework for making principled decisions, enhancing the integrity of the
administrative process;
2. Help make analysis orderly and reduce the likelihood that the agency will randomly
leap from evidence to conclusions;
3. Serve a public relations function by helping to persuade the parties that the
administrative decision-making is careful, reasoned and equitable;
4. Enable the parties to determine whether and on what basis they should seek
judicial review and remedy; and,
5. Apprise a reviewing court of the basis for the agency's action.
Topanga, supra, at pp. 514 and 516 [fn. 14]
While the four purposes seem clear enough, State law has not clearly distinguished
between, the situations which require findings from those which do not. Absent a specific
legislative requirement for findings, the courts determine when they are necessary . In
general, case law has required findings for land use decisions that are adjudica tive in
City of Diamond Bar Planning Commission Handbook,
31
nature (also known as quasi-judicial, administrative, or adjudicatory decisions). In this
type of decision, a reviewing body holds a hearing, as required by the Constitution, State
statute, or local ordinance, takes evidence, and bases its decision on the evidence. The
action involves applying a fixed rule, standard, or law to specific facts and a specific parcel
of land. Examples include variances, use permits, and tentative subdivision and parcel
maps. In each case local officials apply existing land use or other development standards
to specific parcels.
Not only do these approvals constitute adjudicative acts, their denials are adjudicative in
nature as well. Especially in the case of tentative subdivision maps, if the decision -making
body makes certain statutory findings, it must deny the subdivision map (Government
Code Section 66474). If the body makes certain other findings, it has the option of denying
the subdivision (Government Code §66474.6).
By way of comparison, findings are not necessary for legislative or quasi-legislative acts,
unless specifically required by statute (Ensign Bickford Realty Corp. v. City Planning
Commission [1977] 68 Cal.App.3d 467, 473). In contrast with adjudicative acts, legislative
acts generally formulate a rule to be applied to all future cases rather than applying an
existing rule to a specific factual situation. Examples are the adoption or amendment of a
general plan or zoning ordinance. Even though a zone change or general plan
amendment may be specific to a particular parcel, it is still a legislative act because its
underlying effect is legislative in nature, regardless of the size or geographic scope of the
property affected (Arnel Development Company v. City of Costa Mesa [1980] 28 Cal.3d
511, 514; Karlson v. City of Camatilto [1980] 100 Cal.App.3d 789, 799).
Preparation of 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
City of Diamond Bar Planning Commission Handbook,
32
staff's recommendation. The staff report contains suggested findings
supporting the tentative subdivision, and environmental findings supporting
the adoption of a Negative Declaration. The commission must act on the
application that evening because of statutory time limits. For decisions
affecting subdivision maps, the commission acts by motion to adopt a
resolution, and the sponsor of the approving motion, a lay person, has
difficulty articulating all the reasons which have been discussed for
approving the project. Because of the time limits, there is no future
opportunity to incorporate the findings into the decision.
This illustration shows several practical difficulties in adopting adequate findings. First,
lay commissioners may not readily assimilate new information and may have difficulty
verbalizing their rationale in the form of structured findings needed to support their
decisions, especially if such decisions closely follow lengthy public hearings and statutory
time limits are present. Second, if the resolution must be adopted that night due to
statutory time limits, there is no opportunity to direct staff to prepare a resolution
incorporating the necessary findings supporting the action taken, the preferred approach.
In this example, had the commission agreed with the staff analysis, it could have adopted
findings by reference to the staff report, since making findings by reference is permissible
(McMillan v. American General Finance Company (1976) 60 Cal.App.3d 175, 184). Many
agencies have their staff prepare proposed findings for their decision-makers to consider
and then use, revise or reject. The suggested findings can help the decision -makers
identify the appropriate information, policies, and regulations governing the proposed
project and guide them in making the necessary findings. Of course, before adopting any
staff-prepared findings, the decision-makers must objectively review and, where
necessary, revise them to make sure that they accurately reflect both the evidence in the
`record (which is likely to be supplemented in the hearing after the preparation of the staff
report) and their own conclusions. In addition, failure to objectively review these findings
by the decision-making body exposes the City to a challenge for acting without
appropriate deliberation. That is, in the end, the commission would not adopt findings of
their own decision but, instead, would adopt findings reflecting the staff opinion of what
the decision should be.
Where the opportunity exists, many local land use decision-making bodies take tentative
action and then direct staff to draft a written statement of the supporting reasons as
reflected in the evidence and the deliberative discussion. The staff draft can then be
reviewed for adoption as the agency's findings at a later meeting . This method provides
the opportunity to carefully review the entire record, including the evidence presented
during the public hearings. Of course, if this review of the record reveals that there is an
evidentiary gap, the decision-makers must be prepared to alter their decision.
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 ba sed
upon the evidence in the record.
City of Diamond Bar Planning Commission Handbook,
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Bridging the Gap
California courts have demonstrated their concern for rational and open land use
decisions that protect the public interest . The Topanga court offered four purposes for
findings, all emphasizing these concerns. The now familiar language of "bridging the
analytical gap between raw data and ultimate decision" leaves no doubt that courts intend
decision-makers to follow an orderly path of logic before arriving at their decisions . While
the political reality of making land use decisions involves compromises at times, the
political reality must accommodate rational and dispassionate deliberation in the decision -
making process.
In the area of land use planning, local decision-making bodies must adopt findings when
making adjudicative decisions-variances, conditional use permits, tentative subdivision
and parcel maps, and public street abandonments . Further, Public Resources Code
§21081 requires decision-making bodies to make one or more findings when an
Environmental Impact Report identifies significant effects of a proposed project . Also,
some State statutes require findings before jurisdictions approve certain legislative
decisions, such as growth limiting general plans and growth limiting zoning ordinances.
The process of making land use decisions has its rough edges: economic impacts,
election campaigns, tender egos, and neighborhood conflicts . Making findings as an
integral part of the decision-making process will not guarantee that all of the rough edges
will be smoothed out. However, if decision-making officials take findings seriously, they
can reduce the public's doubts about the wisdom of their decisions and reduce public
skepticism about their motivations. Using findings builds an excellent defense for local
officials' decisions, and ultimately more justly serves the public purposes of regulating
land use.
Specific Action
A Conditional Use Permit (or C.U.P.) is an application filed in order to establish a use
that is not automatically permitted in the zone. The conditional use permit procedure was
created in order that controls could be placed upon particular uses of land so that the use
will not adversely affect neighboring properties. Land uses are either automatically
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.
City of Diamond Bar Planning Commission Handbook,
34
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 t he property exist, such as
its size, shape, topography, location or surroundings; (2) the strict application of the
zoning ordinance would deprive the property owner of privileges enjoyed by other
property owners in the vicinity and the same zone district; and (3) granting of the Variance
will not constitute a special privilege.
A Tentative Tract Map or Parcel Map (subdivision map) is a map recording the division
of land for the purpose of sale, lease, or financing, and is governed by the Subdivision
Map Act. A subdivision of five or more parcels requires a tentative and final map . A
subdivision of four or fewer parcels requires just a parcel map.
In granting a Tract Map or Parcel Map, the reviewing body must make specific findings
consistent with State law. These are:
1. The proposed map is consistent with applicable general and specific plans;
2. The design or improvement of the proposed subdivision is consistent with
applicable general and specific plans;
3. The site is physically suitable for the type of development;
4. The site is physically suitable for the proposed density of development;
5. The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat;
6. The design of the subdivision or type of improvements is not likely to cause serious
public health problems;
7. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision;
8. The Commission has considered the effect of the tract map [parcel map] on the
housing needs of the region as set forth in the City's Housing Element; and
9. The design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities.
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 distri ct. 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.
City of Diamond Bar Planning Commission Handbook,
35
In general, specific findings are necessary in connection with action upon an application
for a subdivision, variance, conditional use permit, specific plan, and other discretionary
permits, and revocation of all of the above discretionary permits.
Summary
Congratulations on your appointment to the Planning Commission . As a Commissioner,
your activities during your tenure will have a significant impact on the residents of
Diamond Bar. The City sincerely hopes that you will serve your community always with
the public good firmly in mind. The City also trusts that you will listen to all sides of all
issues, discern between the important concerns and the self -serving ones, weigh the
options with a critical mind and an open heart, and base your decisions on a commitment
to serve the public responsibly. The City of Diamond Bar applauds your involvement and
support of city government, where citizens can directly address local political and
economic concerns and seek appropriate representation.
City of Diamond Bar Planning Commission Handbook,
36
VII. APPENDIX
City of Diamond Bar Planning Commission Handbook,
37
City of Diamond Bar, Telephone List
ADMINISTRATION
James DeStefano, City Manager 839-7011
City Council Office 839-7010
CITY CLERK
Tommye Cribbins 839-7010
COMMUNITY DEVELOPMENT
(Planning, Building & Safety, Neighborhood Improvement)
Greg Gubman, AICP, Community Development Director 839-7031
PUBLIC WORKS
David Liu, Director of Public Works 839-7041
COMMUNITY SERVICES
Bob Rose, Director of Community Services 839-7061
BUILDING AND SAFETY
Raymond Tao, Building Official 839-7020
PLANNING COMMISSIONERS
Frank Farago (Tanaka) (714) 572-7404
Jimmy Lin (Tye) (323) 260-4703
Ruth Low (Lyons) 618-4303
Peter Pirritano (Chang) (626) 961-5541
Jack Shah (Herrera) 816-1424
City of Diamond Bar Planning Commission Handbook,
38
Description Of Commissions/Committees
Planning Commission - Comprised of five members, the Planning Commission reviews
all development issues (tract maps, specific plans, hillside development, etc.) to assure
they conform to the General Plan. Many actions of the Planning Commission are final,
unless appealed to the City Council.
Traffic and Transportation Commission - Comprised of five members, the Traffic and
Transportation Commission reviews local traffic conditions and recommends to the City
Council appropriate actions to deal with traffic congestion.
Parks and Recreation Commission - Comprised of five members, the Parks and
Recreation Commission reviews the quality of the parks system and recreation programs
and recommends to the City Council appropriate actions to deal with these and related
issues.
Significant Ecological Area Technical Advisory Committee (SEATAC) - A committee
of environmental professionals assigned to review and advise the City on the ecolo gical
impacts of development proposed within a significant ecological area (SEA), pursuant to
Municipal Code Section 22.56.215.
Statement of Principles
The proper operation of Diamond Bar government requires that:
1. Public officials be independent and impartial in their judgments and actions.
2. Decisions and policies be made in the proper channels of the governmental
structure.
3. Public office, whether appointed or elected shall not be used for personal gain.
4. The public have confidence in the integrity and openness of its government and
public officials.
Policies for Service
The City Council has, therefore, adopted the following policies:
1. Respect the importance of American ideals of government and the rule of the law.
2. Work for the common good of the City of Diamond Bar and its citizens and not for
any private interests.
3. Provide fair, equal and courteous treatment for all persons and matters coming
before the Council or any Commission.
4. Learn and study the background and purposes of important items of business
before voting.
5. Perform faithfully all duties of office, including attendance at Commission training
sessions.
City of Diamond Bar Planning Commission Handbook,
39
6. Refrain from disclosing any confidential information concerning the government of
the City of Diamond Bar. (For example: personnel, negotiations, litigation.)
7. Avoid accepting any gifts, or favors, or promises of future benefits, which might
compromise or impair independence of judgment or action.
8. Refuse to approve any breach of public trust or improper attempts to influence any
pending matter.
9. File a Conflict of Interest Statement with the City of Diamond Bar within ten (10)
days of appointment as a public official. Make sure all "financial interests" are
disclosed as required. Thereafter, file appropriate Conflict of Interest Statements
as required by law.
10. Disclose financial interests, which are likely to be materially affected by the City's
or Commission's decision, when performing City duties.
11. Refuse to vote, appoint a person, commit the City, and enter into a contract or
otherwise make City decision in which you have a disqualifying financial interest.
12. Refuse to negotiate, advise, make recommendations, conduct research, or
prepare any analysis or reports concerning City decisions in which you have
disqualifying financial interest.
13. Decline any employment incompatible with public duty or resign from his/her
position as a public official, elected or appointed.
14. Recognize that repeated disqualification demeans the value of our service to the
City. If this is occurring, resignation would be appropriate.
City of Diamond Bar Planning Commission Handbook,
40