HomeMy WebLinkAbout11/23/1992CI'T'Y OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
NOVEMBER 23, 1992
CALL TO ORDER: Vice Chairman MacBride called the meeting to order
at 7:10 p.m. at the South Coast Air Quality
Management District Auditorium, 21865 E. Copley
Drive, Diamond Bar, California.
PLEDGE OF The audience was led in the Pledge of Allegiance by
ALLEGIANCE: Commissioner Grothe.
ROLL CALL: Commissioners: Meyer, Grothe, and Vice Chairman
MacBride. Chairman Flamenbaum arrived at 7:20
p.m.. Commissioner Li was absent.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Interim City
Engineer George Wentz, Deputy City Attorney Craig
Fox, and Contract Secretary Liz Myers.
CONSENT CALENDAR: Motion was made by C/Meyer, seconded by C/Grothe
and CARRIED UNANIMOUSLY to approve the Minutes of
Minutes of November 9, 1992, as presented.
Nov. 9, 1992
PUBLIC HEARINGS: PT/Lungu presented the staff report regarding the
request, made by the applicant Fermin and Margaret
CUP 92-10 Bitolas, to permit an existing dry cleaning
L—J business to install a dry cleaning plant on the
premises, located at the Plaza Diamond Bar center,
2020 S. Brea Canyon Rd. #A-4. A dry cleaning plant
is permitted in this zone by right, provided that a
conditional use permit is .first obtained. However,
when the applicant submitted plans to the City for
reconstruction, following a fire that destroyed a
portion of that shopping center, it was realized
that a CUP had not been obtained per Section
22.28.210 of the Los Angeles County Code. The City
allowed the applicant to continue doing business
during and after reconstruction, as long as an
application for a CUP was submitted for review and
approval of the Planning Commission. PT/Lungu
reviewed the application analysis and the
environmental assessment, as presented in the staff
report. It is recommended that the Commission
approve the Mitigated Negative Declaration, and CUP
92-10 with the Findings of Fact and conditions
listed.
VC/MacBride declared the Public Hearing opened.
Fermin Bitolas, the applicant, stated that he has
been operating his dry cleaning establishment, at
_ the Plaza Diamond Bar, since 1972, from the hours
of 7:00 a.m. to 7:00 p.m., Monday through Friday,
and 8:00 a.m. to 6:00 p.m., Saturday. He stated
that he is in concurrence with the recommendations
prepared by staff.
November 23, 1992 Page 2
VC/MacBride declared the Public Hearing closed.
Chair/Flamenbaum, 'upon his arrival at 7:20,
presided over the�meeting.
Motion was made by C/Meyer and seconded by
VC/MacBride to approve the draft Resolution, with
the Findings of Fact and conditions listed,
including the two additional conditions attached to
the staff report.
C/Grothe suggested that the condition, for the
hours of operation, be amended to be more
generically worded, to read, "Hours of operation
are between 6:00 a.m. to 10:00 p.m., Monday through
Friday, and 7:00 a.m. to 6:00 p.m., on Saturday.
The Commission concurred.
C/Meyer concurred to amend his motion to include
the amendment made by C/Grothe to condition #2,10f
the additional conditions attached to the staff
report.
I'.
The Commission -voted upon the Motion as presented,
and amended, by C/Meyer. The motion was
UNANIMOUSLY CARRIED.
CUP 92-9 AP/Searcy presented the staff report regarding the
request, made by the applicant PACTEL CELLUIsAR,llto
locate an unmanned cellular telephone site of
telephone transmitting equipment, installed within
a vacant leased 665 square foot interior area,
located at 23555 Golden Springs Drive, including
roof top antennas and dishes to be located on ,the
western portion of the building. The use is
conditionally permitted within Zone C-1, pursuant
to section 22.28.110 of Title 22 of the Planning
and Zoning Code. AP/Searcy reviewed the
application analysis and the environmental
assessment, as presented in the staff report. It
is recommended that the Commission approve the
draft Resolution, the Mitigated Negative
Declaration, and the Findings of Fact and
conditions.
Chair/Flamenbaum, concerned with the choices' of
paint on radiating. elements, suggested that the
applicant be required to have the paint closely
approximate the color of thebuilding, as opposed
to requiring the paint types to match.
Chair/Flamenbaum` declared the Public Hearing
opened.
_11 i .,.J.i II a lir.�!t 1 JUr 10"'J9.jli�Pht
November 23, 1992 Page`-3'
Larry Levin, 3 Park Plaza, Irvine, inquired why
conditions #1, #2, and #5, of the Engineering
Department Conditions, are required for a cellular
telephone company.
ICE/Wentz concurred that condition #5 should be
deleted. In regards to condition #1 and #2, he
explained that upon review of a CUP, the on site
conditions, and the street conditions immediately
adjacent to the particular site, are reviewed to
seek improvement, when deemed appropriate.
Recognizing that this application has limited
traffic impacts, comments were limited to an on
site problem relating to parking delineation, and a
minimal contribution towards capital costs were
requested for slurry sealing type improvements. It
is not uncommon to request participation, from an
engineering perspective, on these types of
improvements.
Ann Rogers, the applicant's radio frequency design
engineer, responding to C/Grothe's inquiries, made
the following comments: the whip antennae is for
future digital use, and will not be mounted until a
later date; the microwave dish is used, instead of
lease lines from Pac Bell, to connect us to the
MTSO (switching center), which helps to connect the
mobile telephones to the regular Pac Bell or GTE
service;. and the microwave are very directional
antennas.
C/Grothe noted that the microwave and the whip
antennas are explicitly excluded from a couple of
the cellular poles in town.He inquired what the
effect will be to these antennas if there is a 3
story building blocking the entire property in from
the freeway.
Ann Rogers indicated that cellular would have
somewhat of a problem, and microwave would not work
because it is a point to point service. Often
times the dish has to be relocated. In response to
C/Meyer's inquiry if cellular will have any effect
on ham- radios, she explained that cellular is
governed and regulated by the FCC.
C/Meyer suggested that, because this is a local
control measure, a condition be added that requires
PACTEL to work with the neighbors to come up with a
solution in case they complain that it is effecting
their radio operations.
Larry Levin, in response to Chair/ Flamenbaum Is
inquiries, stated the following: since the
November 230 1992
Page 4
engineers have it designed for the indicated
height, aimed at another microwave dish, the
problem stemming from a 3 story building would have
to be addressed as it arises; the whips are 15
feet; the paint will, match in color of building,
and not the exact paint type; and the whips can
installed now;' but it is anticipated that they
won't be in use for'anoth'er year.
Chair/Flamenbaum declared the Public Hearing
closed.
C/Meyer noted that condition #3 and #4, of the
Engineering Department Conditions, are covered
under the Planning Department's condition #2, and
should be deleted along with condition #5. He then
indicated that he does not see the correlation of
requiring the applicant to pay an additional $2,500
for. slurry sealing public streets for a project
that staff has indicated generates a minimal amount
of traffic. Condition #1, of the Engineering
Department Conditions, can remain because the
landlord will most likely maintain his own property
to keep his tenant.
Chair/Flamenbaum suggested that the grant time be
extended from one year -to two years.
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY to approve the draft
Resolution for CUP 92-9, the Mitigated Negative
Declaration, and' the Findings of Fact and
conditions, amending condition #3 to grant a two
year extension, and deleting condition #2, #3, #4,
and #5 of the Engineering Department Conditions,,.
Chair/Flamenbaum recessed the meeting at 8:00 p.m.
The meeting was reconvened at 8:10 p.m.
CUP 92-13 AP/Searcy presented the staff report regarding the
request, made by the applicant Dong Min Lee, for a
Karaoke Recording studio in an existing commercial
center, located at 20627 Colima Road, Bldg. No. 3.'
The application request is not aCouse Code,
currently appears -in the Los AngelesY
as adopted by the City of Diamond Bar. Therefore,
staff has made a determination that the use is most
consistent with a recording studio as listed in
Title 22 section 28'.160. AP/Searcy reviewed the
application analysis and the conditions,, as
presented in the staff report, and made the
following changes to the conditions: delete, the
words "and doors" from condition #5, and replace
with "into the studio"; reword the last sentence of
November 23, 1992
L -11
Page 5
condition #6 to read, "An international sign
reflecting the preceding shall additionally be
incorporated with the above sign."; delete "and at
all times" from the end of condition #7; reword
condition #15 to read, "No employees shall be
utilized for any, purpose other than as a cashier
and directing patrons to studios. Only an owner or
manager may be required to instruct patrons on the
use of equipment if conducted within a studio.";
condition #17 should read, "Each studio shall
provide a two foot by 4 foot fluorescent fixture
with three lamps or equivalent illumination as
approved by the building official."; and,, since the
Sheriff Department has indicated that they find it
necessary that they have the ability along with
City staff to inspect the premises at any time,
condition #3 is amended to read, "The facility
shall be subject to inspection by the City official
and designees during hours of business.". The
conditions listed are an attempt to reduce the
potential undesirable occurrences associated with
the use of private enclosed studio rooms, the
conduct of the patrons within the studios, and the
hours of operation as it relates to surrounding
land uses. It is recommended that the Commission
approve draft Resolution and the Findings of Fact
and Conditions, as amended.
VC/MacBride requested that "No Loitering", in
condition #16,' properly include the necessary
quotation marks.
C/Grothe noted that the applicant is being greatly
restricted by condition #17.,- which limits him to
florescent lighting. Foot candles are the accepted
measure, and it may be more appropriate for this
application.
Chair/Flamenbaum noted that the 4 inch letter size,
as indicated in condition #6, seems rather large,
and the sign may be enormous.
Staff presented a video tape, provided by the
applicant, which showed an example of a Karaoke
studio in downtown Los Angeles, in Koreatown.
Chair/Flamenbaum declared the Public Hearing
opened.
Dong Lee, the applicant, explained that he is a Los
Angeles riot victim who is .interested, now, in
starting a Karaoke establishment in Diamond Bar.
He expressed his concern that the Korean youth do
not have a place to go, between midnight and 4:00
November 23, 1992 Page 6
a.m., that will keep them out of trouble, off the
streets, and away from alcohol, drugs, and gangs.
The youth enjoy music, and listening to music
together. They need a place to go, such as the
studio,'to stay out,of trouble. There will not be
any, alcohol nor food served at the studio. He
requested that the -hours of operation be extended
to Monday through Thursday,, 11:00 a.m. to 2:00
p.m., and Friday and Saturday, 11:00 a.m. to 4:00
a.m. because these are the hours that are crucial
for his business. He also noted that his daughter,
who is opening a restaurant in the same shopping
area, plans to stay open to 2:00 a.m., and people
will want to be able to use his studio past the 12
midnight time conditioned by,staff.
C/Meyer inquired if, Mr. Lee is planning on
developing a social program, at his studio,
designed to divert children from inappropriate
activity.
Dong Lee stated that he is not proposing any type
of a social program. He only meant to imply that
the studio would be of some benefit because
the
children will have some where to go during the
night. The Kar machine is a computerized unit
that allows an individual an opportunity to sing
along with the music, while the lyrics are flashed
across the screen, to tempo, with a background of
your choice. In response to VC/MacBride's inquiry,
he stated that Karaoke is enjoyed by all ages.!
Chair/Flamenbaum inquired if the applicant has
read, and understands, the 21 conditions) as
nted by staff, and as amended by staff.' He
inquired if he is in concurrence with those
conditions.
Chair/Flamenbaum recessed the meeting at 9:00 P.M
o
to allow the applicant further opportunity t
review the conditions presented, and amended, by
staff. The meeting was reconvened at 9:07 p.m.
Dong Lee stated that, after reviewing the
conditions, he concurs with all the items except
for the following: condition #4 - change ;the
minimum window standard from 30% of the floor area
to 216" x 2'; condition #6 - change the 4" letter
size requirement to a 2",requirement; condition #8
- change the hours of operation from 11:00 a.m to
12 a.m., to, 11:00 a.m. to 2:00 a.m. Sunday through
Thursday, and 11:00 a.m. to 4:00 a.m. Friday' and
Saturday; and condition #17 - require only that
there be electric ',lighting.
I
November 23, 1992 Page 7
Chair/Flamenbaum suggested that the applicant only
be required to post a sign that reads, "No Alcohol
Allowed", instead of the sign proposed by staff,
keeping the 4" letter size requirement. The
applicant concurred. -
C/Meyer suggested that the applicant be asked to
prepare an appropriate sign that meets the approval
of the Community Development Director.
Chair/Flamehbaum inquired if the applicant concurs
with all the conditions, as presented and amended
by staff, except for condition #4, #6, #8, and #17.
Dong Lee stated that he is in concurrence with all
the conditions as presented, and amended, by staff,
except for condition #4,,#6, #8, and #17.
Ms. Street, residing at 2237 Kella, Whittier, owner
of Filmex Photo & Gifts located within Colima
Plaza, stated that she is in favor of the Karaoke
studio remaining open as late as 2:00 a.m. or later
because it would provide added security by adding
,q
visibility during the night hours.
Greg Kirkly, 'general partner- of the owner of the
property, residing at 10951 Oso Ave.,''-Chadsworth,
stated that 5 Karaoke studios, at once, -applied for
the vacant building, but Mr. Lee was the only
applicant that concurred to prohibit food and all
beverages on the -premises. He made the following
comments: a window requirement based on floor area
would require a 6' x 7' window, which is quite
expensive; a florescent lighting requirement would
not be effective for the television screen; and a
2:00 a.m, time limit is reasonable, and a prevalent
standard. He requested that the commission be
sensitive to the requests made by Mr'. Lee,
realizing that the other conditions, in the lease
arrangement, are designed to amply regulate the
business.
C/Meyer inquired if there have been any complaints
received from the residential neighbors complaining
about any use in the center.
Greg Kirkly stated that the only complaint they
received was for the wall in the back, which was
required by the County. The only other concern was
in regards to the billiards project, discussed at
the Planning Commission public hearing last year.
E None of those concerns mentioned at that hearing
materialized. He stated that he would not have a
- - ---
- TIli''i i I —�__.._._-.,__.»-- ii iiia
November 23, 1992
Page a
problem with the Karaoke studio remaining opened
until 4:00 a.m. on the weekends.
Dave Arlington, residing at 20615 E. Halopine
Drive, owner of the Rocky Top Country Saloon in the
City of Industry, stated that he is familiar with
this type of operation because one is proposed next
door to his' saloon, and he has done research with
the one opened in Rosemead. He stated the
following concerns regarding this project: it
creates a neighborhood security problem having
people milling around till 4:00 a.m.; they should
be required to provide a'security guard, as other
recreational activities are required to do so;
alcohol can be obtained from the two convenience
stores across the street, and drinking may occur in
the parking area; the center does not have adequate
lighting to warrant a public assembled area; there
are a, lot of children, from the grade school and
the Junior High School, in the area because of the
location of the bus stop; the studio has video
capabilities, whereby youngsters could rent
inappropriate videos' and view them at this
K establishment; the establishment in Rosemead has
been visited by policemen many times; the studio
rooms are an enclosed environment, having low
lights, and a couch, which encourages inappropriate
activities; if they are listening to music, they
will want to have something to eat or drink, and
they will probably bring it in unnoticed; if the
establishment becomes popular, there will be Ian
overflow of parking; and such an establishment does
not belong in a 'small center, so close to' a
residential area. He. is opposed to the proposed
project in his neighborhood.
CJMeyer asked what type of security Mr. Arlington
is required to provide at his place of business.
Dave Arlington stated that they are required, by a
CUP, to maintain security, both internal and
external, every night. Additional light power has
also been added to the parking lot. The unarmed
security guard works as a deterrent against
trouble.
Mr. Adwin", the designer for the future studio,
stated that the Karaoke machines do not have lthe
capability to play a video tape, as indicated by
Mr. Arlington. This particular machine use;
compact discs. In regards to the minimum window
area requirement, he stated that most music studios
use 216" x 3' windows. If the window is too large,
4
9
November 23, 1992
page„=,9_
the people in the studios will not have the privacy
that they prefer.
Chair/Flamenbaum asked if it would be feasible to
require a glass door along with the 216” x 3'
window.
Chair/Flamenbaum declared the Public Hearing
closed.
C/Meyer noted that since the door assembly would
have to be fire rated, putting glass in the door
may create a further problem and expense to the
applicant.
C/Grothe suggested that the minimum window
requirement be changed to require that each room
shall have 10% of the floor area, but not less than
21611 x 31.
CDD/DeStefano pointed out that the whole concept of
the minimum window area condition comes from the
experiences of other local police departments, as
well as the review by our own sheriff department.
It is recommended that the minimum window area not
be anything less than 20%, to allow the public
safety officers to be able to see inside the unit
in an unobstructed manner. -
C/Meyer suggested that condition #5 clearly state
that the window is to be unobstructed, and that
there is to be no window coverings.
CDD/DeStefano stated that condition #5 will be
changed to indicate that, "All window into the
studio must be non -tinted, transparent,
unobstructed, and unimpaired at all times, and
there shall be no window coverings."
C/Meyer made the following comments: condition #6
should simply indicate that the sign be provided to
the satisfaction of the .Director of Community
Development, not specifying minimum size of
letters; condition #4 should remain with a 20% of
the floor area; condition 18 should be changed to
require a licensed uniform security guard from
10:00 p.m. to closing because most recreational
facilities have security; condition #17 should
indicate that all studios must be illuminated to
the satisfaction of the Building Official; and
there should be a condition that indicates that the
rest room, facilities, for each gender, be
immediately accessible within the studio.
November 23, 1992 Page,10
The Commission discussed the possibility of
allowing the establishment to stay open to 4:00
a.m. with the proviso that a licensed unifoz;rm
security guard be present 10:00 p.m. to closing.
Chair/Flamenbaum suggested that the lights
have be
controlled from a central location, an
second control for the studio itself.
The Commission resumed discussion of the hours of
operation.
CDD/DeStefano confirmed that some Karaoke
facilities do stay open past 12:00 a.m. but they
are located in intense commercial areas, not in a
neighborhood setting such as Colima and Lemon.
Staff prefers to be conservative, since it is a new
use, and indicate an earlier closing period rather
than a later one that may have to be scaled back.
Perhaps a security guard approved by our local
Sheriff Department would suffice as a deterrent to
problems that may arise at 2:00 a.m..
Chair/Flamenbaum inquired if the applicant would be
amenable to changing the hours to close at 2:00
a.m. during the week, and 4:00 a.m. on weekends,
with the proviso that two uniform security guards
be present externally, and one internally, between
the hours of 12:40 a.m. to closing.
Mr. Lee stated that it would be a great expense to
him to have those uniformed security guards,
especially since he has not opened his business
yet. He would prefer that the Commission allow him
to stay open until 2:00 a.m. during the entire
week, but without a security guard.
C/Meyer pointed out that most recreational
facilities, that have crowd control, use uniformed
security personnel. It is a benefit to the
neighborhood, and to the people that would utilize
this service. He recommended that one securlity
guard be required from 10:00 p.m to 2:00 a.m.
Greg Kirkly pointed out that the same concerns,
regarding large outdoor parties, were expressed
when the billiard room was proposed, yet none of
those concerns materialized.
C/Meyer stated that-newspaper articles, such as the
ones attached to the staff report, indicate that
thet.
there is a problem, rotectssb th pce thelpublicartmandethe
The security guardp
neighborhood. As a compromise, if the owner wants
{L?� ..'.P''w �'_t ku.4 ;�.', x-� �,
-_-
November 23, 1992 page, ,,11 .
to stay open till 4:00 a.m., he must provide a
security guard.
Greg Kirkly requested that, if there is to be a
compromise, the Commission allow the applicant to
stay open, until '12:00 a.m. without a -security
guard, to imake it economical up to that point in
time.
Chair/Flam'nbaum suggested that the applicant be
allowed to stay open from 11:00 a.m. to 12:00 a.m.,
Sunday through Thursday, without a security guard,
and 11:00 a.m. to 2:00 a.m., with one uniformed
security guard from 12:00 a.m. to 2:00 a.m.
I
Motion was made by C/Grothe and seconded by
VC/MacBrid6 to approve the project, with the
conditions as modified: condition#4 - 20% of the
floor area is to be window area, and excluding the
door; condition #5 - to add "and there shall be no
window coverings"; condition #6 - a sign that is
approved b�}(( the Planning Department; condition #8 -
hours of dperation are 11:00 a.m. to 12:00 a.m.,
without a security guard, Sunday through Thursday,
and -11:00 a.m. to 2:00 a.m., Friday and Saturday,
with one niformed licensed security guard from
12:00 a.m. to 2:00 a.m.; condition "#17 - lighting
to meet the requirements of the Building Official;
and a condition that two rest room facilities shall
be provided within the confines of this total use,
and such facilities shall be assessable from inside
the studio.
Mr. Lee inquired if the Commission would reconsider
the hours of operation to allow him to stay open
till 4:00 a.m., Friday and Saturday, with one
outside uniformed security guard.
C/Meyer offered a substitute Motion, changing the
hours of operation, condition #8, to be 11:00 a.m.
to 2:00 a.m. Sunday through Thursday, with one
uniformed security guard in the parking area from
12:00 a.m o 2:00 a.m., and 11:00 a.m. to 4:00 a.m
Friday and Saturday, with one uniformed security
guard in the parking area 12:00 a.m. to 4:00 a.m.,
or 11:00 alm to 12:00 a.m. Sunday through Saturday
without a �ecurity guard.
C/Meyer's substitute Motion died for lack of a
second.
The Commission voted upon the Motion presented by
C/Grothe. The Motion CARRIED UNANIMOUSLY.
f1111'II I T
November 23, 1992
Page 12
INFORMATIONAL ICE/Wentz reported that the State statute requires
ITEMS: that the City of Diamond Bar adopt a Transportation
Demand Management Plan (TDM) to reduce trips and to
Draft take travel demand measures that will help reduce
Transportation those trips. The Los Angeles County Transportation
Demand Management, Commission (LACTC) has prepared a model ordinance
Ordinance based on the input from a number of local
jurisdiction. Staff has prepared a draft
ordinance, which substantially complies with the
model ordinance, to recommend to the City Council.
The deadline for adoption of a local TDM is April
3, 1993, however, there are some benefits in having
an ordinance introduced before the end of this
calendar'year. It is recommended that the Planning
Commission'review and comment on the attached draft
TDM Ordinance.-
VC/MacBride made the following comments: he
questioned the use of the term "builder", as used
in item'F & G, page 4, and suggested that the term
"project" would be more beneficial; there is a lot
of State regulations put on the City and the
employer, as indicated on page 14, City Audit, and
Compliance Inspection; this document is not
intended to make it easier for employers to do
business in California, but just the opposite under
the guise of assisting the transportation program;
and the document is weighted in bureaucratic
regulations, rather than recognition that
California needs streamlining of it's procedures to
get things accomplished.
ICE/Wentz stated that some of the language, in
terms of some of the requirements placed upon a
particular project or developer, could be amended
within reason. Part of the intent of the audit was
the City's mechanism to assure that they, are
fulfilling the intent of the plan proposed to be
implement for the City.
Chair/Flamenbaum, noting that the term "employer"
has not been defined, questioned who would be
responsible for reporting if a retail space is to
consist of office suites.
ICE/Wentz explained that the developer would need
to present the proposed plan to the City that would
be acceptable. , If it is to be office suites; he
would need to submit a plan that would be in
general compliance with the intent of this
ordinance. The owner would be the responsible
party for sharing that information that is
transmitted, or if it would be those individual
businesses.
Npd;
i
4�s,�L71 G.w r s kV,l ra. h
November 23, 1992 Page 13
Chair/Flamenbaum expressed the following concerns:
„w the document specifies that "No business licenses
shall be renewed", yet there are no business
licenses in Diamond Bar; an "employer" is not
defined; and there is no provision to cover a
series of little shops. He suggested that
condition be put in as a lease requirement, that
their CC&R's shall include a provision for
Congestion Management, of employers of a yet to be
specified number of employees. The document should
be written to apply to the City.
C/Meyer suggested that some sort of an incentive
program would be more effective than penalizing an
operation that does not have a CMP. Businesses are
probably leaving California because of all the
reporting that is mandated. Perhaps the document
should remain "loose" to allow an avenue for
escape. The concept is good, but some of it is too
restrictive, and most items could be accomplished
through the development review process.
ICE/Wentz explained that anything in the document
can be amended, as long as it is ultimately
accepted by the State by April of 1993. Some of
the guidelines were already adopted by LACTC,
4Uh agreed to by the AQMD, and defined and identified
in the EIR.
Chair/Flamenbaum suggested that the wording be
changed to state, "Non residential development of
single employer usage of 25,000 square feet, and
50,000 square feet, and so forth.", so that multi
suite commercial development would be exempt.
C/Crothe suggested that there also be a minimum
quantity of employees as well.
C/Meyer inquired if both definitions, building area
of single employer, plus a number of employees,
could be added.
ICE/Wentz stated that the employee concept could be
added in. If the intent of the Commission is to
"loosen" particularly the monitoring and the
enforcement elements of this document, then staff
will further review those sections and see what can
be done to amend them to fit the spirit of the
Commission's intent.
C/Meyer suggested that the document be more
realistically written. Our basic land use policy
is contrary to a TDM program.
November 23, 1992 Page 14
M
ICE/Wentz suggested that a sentence, "The City will,�i
identify the reporting requirements for each
project as it is approved to assure that it meets
the intent of the City's requirements as their
projects developed."," be added to the monitoring
section.
VC/MacBride stated that he is discouraged by all of
the requirements. This memorandum is trying to
mandate, when we should be trying to encourage.
The document should be made more flexible.
Chair/Flamenbaum stated that he would like the
term, ox the south Coast Air Quality Management
District, when appropriate, may take the following
action", deleted under Enforcement Actions, because
it is not appropriate in a City ordinance.
C/Meyer questioned the 'City's authority since
business licenses area revenue producer and not a
regulatory permit.
VC/MacBride suggested that a statement be included,
to page 3 of the document, that indicates that the
City of Diamond Bar is concerned that all of the
visible means of achieving the desirable ends seem
to be of a monitoring, auditing, and punitive L1
measure. The City is going to attempt to explore
every possibility of encouraging compliance, and
stimulating a recognition of the problem, within
the means available to us.
Chair/Flamenbaum, referring to page 17, item 4.b.,
suggested that the statement, "plus accrued
interest", be added to the second sentence
following "...refund to the appellant all
deposits,...". Furthermore, if the City loses,
then it should also pay those costs.
i
ICE/Wentz noted that, the Enforcement Fees section
is- language that was garnered from several other
programs, and can probably be amended.
Chair/Flamenbaum also suggested that, since the
City Manager has a vested interest in this, the
City Manager should not be the person conducting
the hearing, but rather a neutral arbitrator.
ANNOUNCEMENTS: CDD/DeStefano reported on the following: no
Director's actions to report as no Administrative
Development Review held tonight; staff received
copies of the ETR for the hospital project, and the
E Commission will receive copies soon; the draft EIR
for the South Pointe project should be available
z
November 23, 1992
ADJOURNMENT:
Pager, 15
around November 30, 1992; and there is a copy of
The City Business Retention Plan included in the
Commission's packet.
Motion was made by C/Meyer, seconded by
Chair/Flamenbaum and CARRIED UNANIMOUSLY to adjourn
at 11:20 p.m.
Attest • �---'"
Bruce Flamenbaum
Chairman
Res ctiv
Gil% lK ! 1
James DeStefan�
Secretary