HomeMy WebLinkAbout10/11/1993CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
OCTOBER 11, 1993
CALL TO ORDER: Chairman Meyer called the meeting to order at 7:06 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 Chairman Meyer.
ALLEGIANCE:
ROLL CALL: Commissioners: Grothe, Li, Vice Chairwoman Plunk, and Chairman
Meyer. Commissioner Flamenbaum arrived at 8:36 p.m.
Also present were Community Development Director James
DeStefano, Associate Planner Robert Searcy, Planning Technician Ann
Lungu, Deputy City Attorney Craig Fox, City Engineer Mike Meyer,
and Contract Recording Secretary Liz Myers.
MATTERS FROM Max Maxwell, residing at 3211 Bent Twig Lane, asked for the
THE AUDIENCE: resignation of C/Flamenbaum and VC/Plunk from the Planning
Commission because of C/Flamenbaum's professional association with
M/Miller, and because of VC/Plunk's editorials.
The following individuals expressed the same request as expressed by
Mr. Maxwell: Frank Dursa; Bob Throxall; Norman Beach
Courschesne; and Steve Nice, residing at 2621 Rising Star Drive.
Ed Hilden expressed his support for VC/Plunk. He commended the
Planning Commission for their fine job.
Cindy Cavanough came forward to say hello to VC/Plunk.
Wanda Tanaka, residing on Country View Drive, noted that it appears
anytime someone is unhappy with someone else's opinion, they either
request a resignation or a recall.
CONSENT
CALENDAR:
Minutes of Motion was made by C/Grothe, seconded by VC/Plunk and carried
Sept. 27, 1993 unanimously to approve the Minutes of September 27, 1993 as
presented.
OLD BUSINESS: A request to develop a Planned Sign Program for a commercial
shopping center and to place a freestanding monument sign on-site.
Planned Sign
Program 93-3 Property Location: Diamond Bar Town Center
1155 S. Diamond Bar Blvd.
October 11, 1993 Page 2
Applicant: Diamond Sign Company
Property Owner: Dr. Michael Drucker
AP/Searcy reported that the Planning Commission directed staff, at the
September 27, 1993 meeting, to work with the applicant to amend the
submitted sign criteria to comply with the Planned Sign Program
standards, and to revise the proposed monument sign to be more
compatible with the other freestanding signs along the Diamond Bar
Blvd. frontage. The applicant has redesigned the proposed monument
sign to more closely relate to the exterior materials of the center and
to the adjacent freestanding signs. The Planned Sign Program has
been revised to reflect the compliance with the requirements of ;the
Planned Sign Program as established in the Sign Ordinance.
However, it is recommended that the Monument Sign section' be
expanded to include those comments listed in the staff report. Tit is
recommended that the Planning Commission approve the Planned Sign
Program, Findings of Fact, and conditions as listed within the attached
resolution. AP/Searcy displayed slides illustrating the proposed
monument sign.
Kim Kasell, of Diamond Sign Company, requested the following
changes to the staff report: it is not a brown background for the teal
letters, but an ivory background with a little brown stripe framing the
sign; the panels, with the tenants, are 6", not 8"; category "c", of the
sign criteria, should be amended to indicate 8"x120"; and the overall
height from the slump stone base to the top is 38" not 48". She then
requested that the sign criteria, category "b", be amended to allow the
applicant a 72 square foot sign instead of the indicated 40 square foot
sign to allow the applicant the flexibility to put in a larger sign in I the
future, if they so desire.
AP/Searcy explained that the sign has been proposed at 40 square feet,
which must be reflected in the sign criteria. If the applicant would
desire to significantly change the monument sign from 40 square Meet
to 72 square feet in the future, that proposal would have to come back
before the Planning Commission for approval.
Kim Kasell stated that their intent of requesting the amendment to' the
sign criteria is to avoid having to rewrite another sign plan for I the
whole shopping center simply because they may desire a larger sign
in the future, and to assure that they are allowed the maximum size
sign at that period of time. .
AP/Searcy, at the request of Chair/Meyer, stated that if a shopping
center desires to replace a monument sign at any particular date in
I�,, ryomne'l� ug malfg&
October 11, 1993 Page 3
i
C �
time, the applicant would have to either conform to what was existing,
or to the criteria of the current ordinance.
Chair/Meyer stated that is appears that the applicant is requesting an
entitlement that the Planning Commission may not accommodate.
CDD/DeStefano stated that, though staff is not opposed to a maximum
square footage sign of 72 square feet, the issue is that the applicant
has requested approval from the Planning Commission for a proposed
48 square foot sign with specific colors identified on the graphic for
that sign. If the applicant chooses to make modifications to the sign
at some point in the future, it would require a modification of the sign
program, requiring new approval of the Planning Commission.
Kim Kasell explained that their concern is that if the applicant should
desire a larger sign in the future, they may not be afforded the
opportunity because the sign criteria specifically indicates that the
applicant is allowed a 40 square foot sign. It would be unfair to
expect the applicant to have to rewrite another sign criteria.
AP/Searcy stated that the sign criteria would not have to be rewritten
�I to amend a sign program, but rather that the section dealing strictly
with the monument sign would need to be amended.
Chair/Meyer suggested that the sign criteria be amended to replace the
actual number with, "the approved monument sign". The Commission
and staff concurred.
VC/Plunk requested the following changes to the staff report: indicate
the proper spelling of "permitted" in the first section on page 3; and
the word "free standing" on page 3 should be made legible.
Motion was made by VC/Plunk and seconded by C/Li to adopt the
resolution approving Planned Sign Program No. 93-3. The Motion
carried 3-1-1.
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Li, Plunk, and Chair/Meyer.
Grothe.
None.
Flamenbaum.
NEW BUSINESS: A request to install two wall signs, freestanding monument signs, and
I a directory sign.
Planned Sign
Program No. Property Location: 22324 Golden Springs Dr.
93-5
October 11, 1993 Page 4
Applicant: Signage Solutionsi'
Property Owner: Hidden Manna Corporation
(Calvary Chapel)
PT/Lungu displayed slides illustrating the locations of the proposed
signs. The project site consists of two parcels, totaling approximately
28 acres. One parcel is developed with a two story building utilized
by Calvary Chapel as a church and its appurtenant uses. Currently,
there is a temporary sign located at the corner of Golden Springs
Drive and Grand Avenue, designating the time of services, which was
approved by the Planning Commission in conjunction with CUP No.
93-2. All the signs proposed comply with the standards of the Sign
Ordinance. Staff has suggested that the applicant apply an anti -graffiti
coating to the proposed monument sign because graffiti has occurred
on the radius walls of the project site. It is staff s recommendation
that the Planning Commission approve Planned Sign Program No. 93-
5, with findings of fact, and conditions as listed within the attached
resolution, correcting page 3 of the resolution to properly indicate
Buildings and Professions, Code section 5497.
Chris Truder, with Signage Solutions, explained that the directory,sign
is actually a directional sign- to help facilitate the traffic flow on
Sundays. i
Chair/Meyer questioned the appropriateness of requiring the applicant
to apply an anti -graffiti coating, which is not only expensive,I but
limits his range of options as well as the City's. Perhaps it would be
more appropriate to simply request the applicant to maintain the signs
in a new and attractive manner.
C/Grothe pointed out that though the anti -graffiti coating is somewhat
expensive, the total cost would only amount to a couple of hundred
dollars, compared to the couple of thousand spent for the signs. A
number of the new products on the market are quite effective on
exposed concrete.
PT/Lungu stated that the intent of staffs request is not to limit the
applicant's options, but to assure that the applicant removes all graffiti
that may be put on the signs so that the signs remain as attractive as
proposed.
h(c
Chair/Meyer inquired if the temporary sign will be removed as part
of the Sign Program. He requested a condition indicating when and
how the sign is to be removed.
i ._„ �I' .. 1.I''IH ij d l ix� � Ik It ��_�— '� rv�,W�!'+��O�F'iSkra'��'"L'NI•"NXIMU
October 11, 1993
Page 5
CDD/DeStefano stated that the sign is temporary and should be
removed at the conclusion of the construction activity, and when their
occupancy of the site is official. The statement, "in the event that lot
1 is developed or conveyed to an owner other than the applicant", can
be inserted, amending condition 5D on page three.
Motion was made by C/Li, seconded by VC/Plunk and carried
unanimously to approve the Resolution for Planned Sign Program No.
93-5, the Findings of Fact and conditions listed in the staff report,
amending condition 5D to insert the statement, "in the event that lot
1 is developed or conveyed to an owner other than the applicant."
CONTINUED The Conditional Use Permit is a request to allow live entertainment
PUBLIC within a restaurant, the sale and on-site consumption of alcoholic
HEARING: beverages in the C -M Zone. The Development Review is a request
to allow the construction of a restaurant.
DR 93-1 &
CUP 93-4 Property Location: 21671 E. Gateway Center Drive
Applicant: Dr. Akbar Omar
Property Owner: A R Leasing and Investment Inc.
PT/Lunge reported that the Planning Commission, at the September
13, 1993 meeting, continued the public hearing upon the request of the
applicant to allow further time to adequately address the Planning
Commission's concerns regarding the grading plan, the crib wall, off-
site grading, access, the Hillside Management Ordinance, the sanitary
sewer easement, lighting, handicapped parking, and elevator, as
specifically indicated in the staff report. The applicant provided a
revised site plan, floor plan and elevations to address the concerns of
the Planning Commission, the Engineering Department, and the
Building and Safety Department. However, there does remain
outstanding issues concerning the grading plan, the crib wall, off-site
grading, access to the Radisson Hotel, lighting, and the Hillside
Management Ordinance. Though staff is in support of a restaurant at
the project location, the issues must be resolved before staff can
recommend approval of the proposed project. It is recommended that
the Planning Commission table the project until all outstanding issues
are resolved.
Chair/Meyer declared the public hearing open for testimony
Syed Raza, the architect representing Dr. Omar, asked the Planning
Commission to approve the project, conditioning that the parking level
be lowered and the grade of the slope be increased. He submitted a
October 11, 1993 Page 6
letter indicating that the Radisson Hotel is in the process of changing
ownership, thus the applicant will not be able to get a letter
authorizing off-site grading until that matter is settled. An off -Site
grading authorization letter can also be a condition of approval for the
project. He requested direction as to the kind of wall, other than a
crib wail, that can be constructed to support the slope and meet the
Hillside Management Ordinance. Also, the present' owner of !the
Radisson Hotel indicated that they did not want the restaurant to have
pedestrian access to their hotel because customers of the restaurant
may want to use their parldng.
C/Li stated that, since the owners of the Radisson Hotel may not grant
approval of the off-site grading on their property, he would not be
comfortable approving the project based on this condition.
Oscar Law, residing on Pathfinder Road, inquired if the proposed
restaurant meets ADA standards in regards to access and bathroom
assessability. He suggested that Diamond Bar consider having a
restaurant row of fine restaurants.
C/Grothe explained that it is State law that all public buildings meet
ADA requirements and be handicapped assessable, which includes
restrooms.
Hearing no one wanting to provide further testimony, Chair/Meyer
declared the public hearing closed.
C/Grothe stated that he would have no problem with conditionally
approve the project based on an off-site grading authorization letter
because without that letter, the applicant will not be able to begin
construction. However, he- expressed a concern with the final design
and the height of the wall, and indicated that the wall should be
designed as an integral part of the landscaping.
Mike Meyers, a City Engineer, stated that the project does not comply
with the City's Hillside Management Ordinance in respect to the
height of the wall. There are a few options that the applicant's
engineer could do to reduce the height of the 20 foot wall, ! and
increase landscaping, but, may in effect increase the height of the
i, second wall back. Any of the options would still not comply with the
Hillside Management Ordinance, which allow a maximum 6 foot,wall
heights.
i"
Chair/Meyer stated that since the Development Plan does not, and
apparently cannot, comply with the Hillside Management Ordinance,
it
then there needs to be some application for relief of the Hillside
I,
.,,...„_,. .. .v,...-.n.•rvr-�.n,. .....r u-......_,..�.� I.. ..- � . :.. u.�r.,tFV.,HAn.xJixllMddlikmw4taJ,rm.N,«J� _ , __—_..•_,— _— _ __,_
October 11, 1993 Page 7
Management standards. The Planning Commission cannot render a
decision on the design review without a request for modification of
those standards. He suggested that the applicant attempt to submit a
set of plans addressing the concerns indicated in the staff report.
Otherwise, perhaps the Planning Commission should deny the
application so the applicant can start again with a decent set of plans.
C/Grothe stated that it is doubtful that the project will ever comply
with the Hillside Management Ordinance. However, the applicant
should make a major effort to try to comply, and outline the
justifications as to why it cannot comply.
Chair/Meyer reopened the public hearing.
Chair/Meyer inquired if the applicant would concur to a continuance
to the November 22, 1993 meeting, giving the applicant an
opportunity to find out what modifications would be necessary to
address the concerns indicated in the staff report.
Syed Raza gave his acquiescence to a continuance of the public
hearing to the November 22, 1993 Planning Commission meeting.
Motion was made by C/Grothe, seconded by VC/Plunk and carried
unanimously to continue the public hearing to the November, 22, 1993
meeting.
Chair/Meyer recessed the meeting at 8:25 p.m.
C/Flamenbaum arrived to the meeting at 8:36 p.m.
Chair/Meyer reconvened the meeting at 8:40 p.m.
PUBLIC HEARING: The consideration of an ordinance to amend Title 22 of the Los
Angeles County Code by adding a new chapter establishing property
ZCA No. 93-3 maintenance standards.
Property
Maintenance Applicant: City of Diamond Bar
Ordinance
Property Location: All property withiri the City
limits of Diamond Bar.
Environmental Pursuant to the
Determination: provisions of CEQA, the City
has determined that this project is
Categorically Exempt pursuant to
Section 15321.
J
e
October 11, 1993 Page 8
CDD/DeStefano reported that the City Council appointed C/MacBride
and MPT/Papers to a subcommittee to establish property maintenance
standards. The subcommittee, which incorporated support from' the
City staff, the Deputy City Attorney Mr. Woods (the City's
prosecutor), and the City Attorney's office, also consisted of members
of the Diamond Bar Improvement Association and other interested
members of the community. The City has the authority to establish
minimum property maintenance requirements in order to preserve and
protect the health, safety, and appearance of neighborhoods, and to
eliminate blight and deteriorating characteristics of neighborhoods.
The City does not currently have adequate ordinances to respond to
the majority of the types of property maintenance complaints received
by the City in the past 4 1/2 years. ' A series of Codes are currently
used to deal with property maintenance issues, however, the City is
limited to enforce the current zoning ordinance and the various
uniformed codes. DCA/Woods has reviewed the draft ordinance
prepared by the subcommittee. The subcommittee has revised' the
draft ordinance to incorporate the comments made by DCA/Woods,
as well as those made by the City Attorney's office. The
subcommittee also reviewed S to 10 other cities' ordinances that have
been enforced and/or gone through litigation. The problem of
deteriorating properties in the City, and the lack of property
maintenance, may be due to the age of the housing stock, the lack of
maintenance in newer subdivisions, and the expiration of the private
CC&R's throughout the City. Another issue before the City is
creating an overall policy dealing with property maintenance issues for
those owners of property that may lack the resources or means to
accomplish the mitigation necessary to cleanup their property.
CDD/DeStefano explained that the abatement procedures are a
separate process, and not included in the draft ordinance for
consideration. It is recommended that the Planning Commission
review the draft ordinance and the recommendations of the
subcommittee, amend the draft Ordinance as deemed appropriate and
direct staff to forward the recommendations to the City Council
Chair/Meyer declared the public hearing opened.
Ron Norman, residing on Castle Rock for 5 years, stated that his
neighborhood is rapidly deteriorating, and as a result property values
have dropped. Considering the high property taxes paid particularly
by newer residents, the City should respond on citizens behalf to'keep
property values up. It is frustrating to live by people who apparently
do not care to maintain their, property.
CDD/DeStefano briefly reviewed some of the issues discussed in the
draft Property Maintenance Ordinance: storage in side, rear, and' cont
7 � r:. � � � � ��., f.", Fitt,, �x �al.�:. ��w��ar �,�"�'SIN&.�`��t�..��.wi,�,�'A�`�:
October 11, 1993 Page 9
yards of property; motor vehicle parking; property maintenance of the
structure such as the condition of the roof, broken windows, structural
defects; landscape maintenance in a health and safety manner; fence
and wall maintenance; multi family zone standards; standards for
commercial properties; and standards for industrial properties.
Oscar Law, residing on Pathfinder, expressed his support for the
Property Maintenance Ordinance with the following modifications: the
standards should be applicable to all property, owners in the City;
consideration must be given to those that are financially handicapped;
a provision addressing easements; a grandfather clause for existing
CC&R's; a grandfather clause for those that have been storing their
trailers and campers on their property; a statement specifically
describing Division 6 of Title 14 in the California Code of Regulations
as indicated on page 2; modify the storage requirement, on page 3, to
allow a longer period of time to repair a vehicle; better define an
"approved wall or driveway" as indicated on page 4; explain how the
standard for broken or missing foundation and wall maintenance, on
page 5, deals with land shifting; indicate the height limitation on a
wall, as indicated on page 6; specifically state that vegetation should
not hinder sidewalk use; and a reconsideration of the penalty phase,
as indicated on page 15, to lower the amount for a fust offense.
Bob Zirbes, President of the DBIA, presented a video illustrating the
types of property maintenance violations existing throughout the
community that the City currently has no means to abate. There needs
to be specific standards to support the Code Enforcement Officer. He
suggested that perhaps the section in the multi -family standards,
regarding storage in the garage and carports, can be removed or
amended to apply only to carports, particularly since the ordinance
does not indicate what can be stored in the garage for single family
residence. The Property Maintenance standards should be uniformed,
and equally and justfully enforced, for the benefit of all the property
owners for the protection of the property values in the City.
Kevin Chirp, in support of the Ordinance, noted that the sections
enclosed in the document are not unusual, and are common in any
community in Southern California that has any respectable appearance.
The appearance of Diamond Bar has steadily declined.
Mel Roper, residing on the corner of Castle Rock and Lost River
Road, stated that he has a problem with leaves and trash that come
from properties above him and accumulate in front of his house,
clogging the gutters and causing mosquitos, thus taking away from the
overall good appearance of his property. Furthermore, the street
...��.�-
October 11, 1993 Page 10
sweeper only comes around once every two weeks, and is often
hindered by cars parking in the street.
Chair/Meyer noted that perhaps there needs to be consideration as to
how the City can better maintain. City facilities.
i
VC/Plunk suggested that staff investigate if there may be a need to
sweep certain City street more than weekly or biweekly.
Joe MacManus, residing at 23561 Coyote Springs Drive, expressed, his
support for the property maintenance standards.
Rick Imperial, residing at 1318 Crestmont Drive, stated that ! the
property owner in his neighborhood, who is not maintaining his
property, refused offers from his neighbors to do all maintenance work
-for him and help with funding if needed. Money does not seem to be
an issue because a block wall has since been constructed and a new
car has been purchased. Sometimes the problem is not a matter of
financial capabilities, but rather one of desire.
Red Calkins questioned if the Ordinance will actually be able to be 1V
enforced. He noted that the penalty for violations are too strict, I and
that the Code Enforcement Officer is being given too much power and
control. All homeowners will need to be notified if the ordinance is
approved. Mr. Calkins also noted that the Ordinance needs to address
the poor, the senior citizens, and the handicapped.
Frank Dursa stated that his 2 RV's are operable and he has every right
to park them in his yard. His tract does not have CC&R's and he
prefers it that way. The timing of the Property Maintenance
Ordinance is poor considering the recession. Property values have
declined, not because of maintenance, but because of the economy.
He pointed out that problems with multiple vehicles parked on the
front yard falls under the pattern of the Health Department because of
the risk to children. There are other ways to solve the problem.
May Wycoff, residing on Del Sol, stated that the City 's appearance
has been deteriorating. Her neighborhood had a property owner that
kept many inoperable cars on the front yard for many years. Had it
not been for Mr. Zirbes, the problem would still exist. The
neighborhood also has a problem with RV's parked on the street,
blocking visibility to motorists.
Bob Throxall, residing on Castle Rock, stated that the City already has
all the necessary codes needed to handle these concerns without setting
October 11, 1993 Page 11
up an additional layer of bureaucracy. He pointed out that no one has
aright to enter someone's property without a court order.
Max Maxwell concurred with the statements made by Mr. Throxall,
Mr. Dursa, Mr. Calkins, and Mr. Law. Neighbors should deal with
each other to solve these problems. He questioned if a Zoning Code
Amendment can be passed under urgency Ordinance #4.
Peggy Corbitt, residing on Ambushers, expressed her concern that the
appearance of her neighborhood is rapidly deteriorating.
Louise MacManus, residing on Coyote Springs, noting the street
sweepers are hindered by parked cars, stated that she would be in
favor of prohibiting overnight parking.
Richard Engels, residing on Willow Creek, concurred that the
appearance of the City is rapidly deteriorating. The standards in the
ordinance are reasonable, and are critically needed. Most likely, those
people who do not maintain their property lack desire, not resources.
Don Gravdahl, residing at 23988 Minnequa, stated that some of the
problems, such as cars park on front lawns, etc., can be handled
through the ordinance. However, as the ordinance is now written,
probably any house in the City, especially those with children, would
be in violation. The Ordinance gives too much authority to the Code
Enforcement Officer, and disputing neighbors may use the Code
Enforcement Officer as a weapon against each other. Mr. Gravdahl
then indicated the following issues that need revisiting: the ordinance
allows storage in the back yard up to 50 % of the back yard, but does
not take into consideration that 1/2 of the yards in the City have uphill
slopes and/or downhill slopes; the ordinance should address the
registration of vehicles as a method of enforcement; the width of
driveways are specified in the County code; and the Sheriff
Department should be directed to ticket trucks because there is already
a 10,000 pound vehicle limit in the City.
Norman Beach Courschesne, residing at 2021 Peaceful Hills Road,
made the following comments opposing the Ordinance: it allows the
search of private property without a warrant; many people bought
homes without CC&R's because they did not want them; the
abatement process should address a method of reimbursement if a
citizen wins an appeal; it should address the issue of land slides and
such like occurrences; item IV, page 5 needs to specify a time limit;
a citizen should not be charged per day for their violation, as indicated
on page 9, item 13, but rather for just the one violation; it should
indicate if the slopes are to be maintained in a natural state, or a
October 11, 1993 Page 12
manicured state, or to the Code Enforcement Officers opinion; the
Public Health Department and the Building Department can address
unsafe buildings; and the City should verify each complaint made.
Lee Ford stated that he feels the public hearing was not very well
advertised.
Margaret Hee expressed her support of the Property Management
Ordinance.
Bill Tinsmen pointed out that the reason that the City has been
deteriorating is because of the uncontrolled building, both commercial
and residential, within the City, and not because of weeds. The
Ordinance will be used by the City as a tool to harass citizens. The
City has no right to enter a property without a search warrant. 11
Cliff Hilliard, residing on Palomino Drive, stated that the concept of
the Ordinance is good, however, there should be a revisit of the
following issues: motor vehicle parking standards on page 4 are too
broad and all encompassing; and the subcommittee should contact
camping and motorhome organizations to discuss specifically what to
do with motorhomes on private property.
Dianna Cheng, a real estate agent, and a Traffic and Transportation
Commissioner, stated that, from her experience in real estate, homes
have a lot of trouble selling if a neighboring property is poorly
maintained. The Property Maintenance Ordinance_ is necessary to help
maintain property values in the City.
Hearing no one wanting to provide further testimony, Chair/Meyer
declared the public hearing -closed.
C/Flamenbaum made the following comments: everything is mixed
in with multi family, commercial, and industrial, making it difficult to
determine what the City is attempting to enforce; if there is to be such
an ordinance, it should be limited to the front yard only because no
city, -or other agencies (except health and safety violations), has any
right to go in someone's back yard; item E. makes it a violation to
have a dry spot on a lawn; maintenance of irrigation systems it an
operable condition, item F., is a matter of interpretation and needs to
be better defined; item H.1 makes broken dishwashers or lawn
mowers a violation; trash containers in commercial or multi family
structures are generally assessable to the front yard, violating item I;
a piece of unused furniture in someones house could be a violation of
item K.2; item O..does not include an exclusion for automobile repair
centers; a lien of the property, of the reasonable cost for repair,
October 11, 1993 Page 13
should be considered for the enforcement method; and automobiles can
be required to be moved every 7 days (or whatever number is
determined suitable), and have valid registrations in order to be
allowed to be parked in the front yard. C/Flamenbaum indicated that
the Ordinance, as written, is over broad, over bearing, and over
reaching. He suggested that the matter be continued to about 45 days
to allow the appropriate parties to refine the ordinance.
C/Grothe expressed his concern that the Planning Commissions
comments made during the study session to review the draft ordinance
was not considered nor included in this draft ordinance. In
concurrence with the comments made by C/Flamenbaum, C/Grothe
added the following comments: even yards with sod are not weed
free; it is not the City's concern if a roof leaks, or if there are missing
pieces of stucco; a foundation can hardly be missing, and a broken
foundation has nothing to do with public safety or aesthetics; most
families with children have tornor missing screens; and many of the
violations can be handled through the Building Code. He concurred
to continue the matter allowing the Planning Commission to review the
revised document.
VC/Plunk made the following comments: she concurred that there
needs to be a provision addressing physical and economic
circumstances; if it is approved, there should be an automatic review
of the document in one year to determine it's success; the regulations
should be paraphrased; for a City who cares about the environment,
it seems proper that we should care for the appearance of our City;
consider standards for the front yard, or Visible side yards at this time,
and consider standards for back yards next year; consider allowing 1
week for moderate repairs; large motor vehicles are better parked on
the property than on the street; specifying broken screens, window,
irrigation etc. is a little over board; landscaping should not block the
sidewalk; perhaps it is appropriate that some area are maintained in a
more natural state; the condition of multi family structures are usually
handled by an Association; and current registration is an excellent way
to deal with problem cars. There is a need for such a document,
however, it needs to be refined.
Chair/Meyer stated that the comments and direction provided by the
Planning Commission subcommittee in their review the Property
Maintenance Ordinance was not included in the document. Perhaps
the subcommittee can work with staff to organize the comments made
by the Planning Commission and be brought back to the Commission
for review at a continued public hearing. Part of the problem is that
there are three iterations of the Property Maintenance Ordinance and
most of the comments made dealt with the iteration at the study
October 11, 1993
Page 14
y
session, not the one currently before the Planning Commission. There',.
may be some value to a Property Maintenance Ordinance, but the
definition of what are unacceptable maintenance standards needs to be
adequately defined. He supported a continuance to a date that would
give the City sufficient time to deal with these issues. Chair/Meyer
suggested that, since the Ordinance also deals with commercial and
industrial, perhaps the document should be distributed to the Chamber
of Commerce to receive input from the business community.
VC/Plunk requested the Planning Commission be given the document
at least one week prior to the meeting so that there is ample time to
review it.
C/Flamenbaum requested the new revision be footnoted with the date
so that the Commission can readily tell which document they are
reviewing.
Chair/Meyer declared the public hearing opened.
Motion was made by C/Flamenbaum, seconded by C/Grothe 'and
carried unanimously to continue the public hearing to the meeting of
December 13, 1993 with direction to staff to have the document ready;'
for distribution, and available to the Planning Commission, on or
before November 22, 1993, and that the document is to be footnoted
with the date.
ANNOUNCEMENTS: CDD/DeStefano reported that, as Administrative Development
Director, he approved ADR 93-16 for a single family residence
located at 22128 Steeplechase.
Chair/Meyer indicated that, -in his opinion, the Planning Commission
gains from different points of view. It is hoped that VC/Plunk,, and
C/Flamenbaum do not offer a letter of resignation.
ADJOURNMENT: The meeting was adjourned at I0:58 p.m.
Y i
Respectively,
fes DeStefan_—
s
�rw„ n M1„, _ �.. +�. ra
October 11, 1993 Page 15
Secretary
Attest:
D*J eyer
Chairman
I _11-1_1. 1-1-4- 11_1-1 -
1 1-1 CITY OF DIAMOND
BAR
MINUTES OF THE PLANNING COMMISSION 1-7 OCTOBER 11— 1993
CALL TO ORDER: Chairman Meyer called the meeting to order at 7:06 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 Chairman Meyer.
ROLL CALL: Commissioners: Grothe, Li, Vice Chairwoman Plunk, and Chairman Meyer.
Also present were - Community Development Director James
DeStefano, Associate Planner Robert Searcy, Planning
Technician Ann Lungu, Deputy City Attorney Craig Fox, City
MATTERS FROM Max Maxwell, residing at 3211 Bent Twig Lane, asked for the THE
AUDIENCE: resignation of C/Flamenbaum and VC/Plunk from the Planning
Commission because of C/Flamenbaum's professional
The following individuals expressed the same request as
expressed by Mr. Maxwell: Frank Dursa; Bob 7broxall; Norman
Ed Hilden expressed his support for VC/Plunk. He commended
Cindy Cavanough came forward to say hello to
Wanda Tanaka, residing on Country View Drive, noted that it
appears anytime someone is unhappy with someone else's
CONSENT
Minutes of Motion was made by C/Grothe, seconded by VC/Plunk and carried Sept. 27, 1993
unanimously to approve the Minutes of September 27, 1993 as presented.
OLD BUSEWSS: A request to develop a Planned Sign Program for a commercial Planned Sign
shopping center and to place a freestanding monument sign on-site. Program 93-3 Property
Location: Diamond Bar Town Center
1155 S. Diamond Bar Blvd.
mber 27, 1993 meeting, to work with the applicant to amend
Applicant: - Diamond Sigj Combany
Property Owner: Dr. Michael Drucker
AP/Searcy reported that the Planning Commission directed staff, at the
submitted sign criteria to comply with the Planned Sign Program
standards, and to revise the proposed monument sign to be more
nom atible with the other freestanding signs along the Diamond Bar
Blvd. frontage. The applicant has redesigned the proposed
monument
sign to more closely relate to the exterior materials of the center and
o the adjacent freestanding signs. The Planned Sign Program has
been revised to reflect the compliance with the requirements of the
Planned Sign Program as established in the Sign Ordinance.
However, it is recommended that the Monument Sign section be
expanded to include those comments listed in the staff report. Y is
recommended that the Planning Commission approve the Planned
Sign
Program, Findings of Fact, and conditions as listed within the
attached
resolution. AP/Searcy displayed slides illustrating the proposed
monument sign.
Kim Kasell, of Diamond Sign Company, requested the fbllow—i
m
han es to the staff report: it is not a brown background for the teal
etters, but an ivory background with a little brown stripe framing the
i n; the panels, with the tenants, are 6", not 8"; category licit , of the
hould be amended to indicate Vxl.20"; and the overall
i n criteria
ei ht from the slump stone base to the top is 38" not 48". She then
equested that the sign criteria, category "b", be amended to allow
he
pplicant a 72 square foot sign instead of the indicated 40 square
oot
i n to allow the applicant the flexibility to put in a larger sign in the
future, if they so desire.
AP/Searcy explained that the sign has been proposed at 40 square
feet,
which must be reflected in the sign criteria. If the applicant would
desire to significantly change the monument sign from 40 square fee
0 72 square feet in the future, that proposal would have to come
ack
efore the Planning Commission for approval.
Kim Kasell stated that their intent of requesting the amendment to'
he
i n criteria is to avoid having to rewrite another sin plan for; the
hole shopping center simply because they may desire a larger sign
n the future, and to assure that they are allowed the maximum size
i n at that period of time.
RP/Searcy, at the request of Chair/Meyer, stated that if a shopping
enter desires to replace a monument sign at any particular date in
October 11, 1993 Page 3
time) the applicant would have to either conform to what was existing, or to
the criteria of the current ordinance.
Chair/Meyer stated that is appears that the applicant is requesting an
entitlement that the Planning Commission may not accommodate.
CDD/DeStefano stated that, though staff is not opposed to a maximum
square footage sign of 72 square feet, the issue is that the applicant has
requested approval from the Planning Commission for a proposed 48 square
foot sign with specific colors identified on the graphic for that sign. If the
applicant chooses to make modifications to the sign at some point in the
future, it would require a modification of the sign program, requiring new
approval of the Planning Commission.
Kim Kasell explained that their concern is that if the applicant should desire a
larger sign in the future, they may not be afforded the opportunity because the
sign criteria specifically indicates that the applicant is allowed a 40 square foot
sign. It would be unfair to expect the applicant to have to rewrite another sign
criteria.
AP/Searcy stated that the sign criteria would not have to be rewritten to
amend a sign program, but rather that the section dealing strictly with the
monument sign would need to be amended.
Chair/Meyer suggested that the sign criteria be amended to replace the actual
number with, "the approved monument sign". The Commission and staff
concurred.
VC/Plunk requested the following changes to the staff report: indicate the
proper spelling of "permitted" in the first section on page 3; and the word "free
standing" on page 3 should be made legible.
Motion was made by VC/Plunk and seconded by CILi to adopt the resolution
approving Planned Sign Program No. 93-3. The Motion carried 3-1-1.
AYES: COMMISSIONERS: Li, Plunk, and Chair/Meyer. NOES:
COMMISSIONERS: Grothe.
ABSTAIN: COMMISSIONERS: None. ABSENT:
COMMISSIONERS: Flamenbaum.
i NEW BUSINESS: Planned A request to install two wall signs, freestanding monument signs, and a
Sign Program No. directory sign.
93-5
Property Location: 22324 Golden Springs Dr.
October 11, 1993 Page 4
Applicant: Signage Solutions
Property Owner: Hidden Manna Corporation (Calvary
PT/Lungu displayed slides illustrating the locations of the propp,
sed signs. The project site consists of two parcels, totaling
approximately 28 acres. One parcel is developed with a two story
building utilized by Calvary Chapel as a church and its
appurtenant uses. Currently, there is a temporary sign located at
the comer of Golden Springs Drive and Grand Avenue,
designating the time of services, which was approved by the
Planning Commission in conjunction with CUP No. 93-2. All the
signs proposed comply with the standards of the Sign Ordinance.
Staff has suggested that the applicant apply an anti -graffiti coating
to the proposed monument sign because graffiti has occurred on
the radius walls of the project site. It is staff s recommendation
that the Planning Commission approve Planned Sign Program No.
935, with findings of fact, and conditions as listed within the
attached resolution, correcting page 3 of the resolution to properly
Chris Truder, with Signage Solutions, explained that the
directory,sign is actually a directional sign- to help facilitate the
Chair/Meyer questioned the appropriateness of requiring the
applicant to apply an anti -graffiti coating, which is not only,
expensive, but limits his range of options as well as the City's.
Perhaps it would be more appropriate to simply request the
applicant to maintain the signs in a new and attractive manner.
C/Grothe pointed out that though the anti -graffiti coating is
somewhat expensive, the total cost would only amount to a
couple of hundred dollars, compared to the couple of thousand
spent for the signs. A number of the new products on the market
PT/Lungu stated that the intent of staff s, request is not to limit the licant's
options, but to assure that the applicant removes all graffiti app
that may be put on the signs so that the signs remain as attractive as
proposed.
Chair/Meyer inquired if the temporary sign will be removed as part of the
Sign Program. He requested a condition indicating when and how the sign is
to be removed.
October 11, 1993 Page 5
CDD/DeStefano stated that the sign is temporary and should be removed at
the conclusion of the construction activity, and when their occupancy of the
site is official. The statement, "in the event that lot 1 is developed or conveyed
to an owner other than the applicant", can be inserted, amending condition 5D
on page three.
Motion was made by C/Li, seconded by VC/Plunk and carried unanimously to
approve the Resolution for Planned Sign Program No. 93-5, the Findings of
Fact and conditions listed in the staff report, amending condition 5D to insert
the statement, "in the event that lot 1 is developed or conveyed to an owner
other than the applicant."
CONT]NUED The Conditional Use Permit is a request to allow live entertainment PUBLIC within a restaurant, the
sale and on-site consumption of alcoholic HEARING: beverages in the C -M Zone. The Development Review is a
request to allow the construction of a restaurant.
DR 93-1 &
CUP 03-4 Property Location: 21671 E. Gateway Center Drive
Applicant: Dr. Akbar Omar
Property Owner: A R Leasing and Investment Inc.
PT/Lungu reported that the Planning Commission, at the September 13, 1993
meeting, continued the public hearing upon the request of the applicant to
allow further time to adequately address the Planning Commission's concerns
regarding the grading plan, the crib wall, offsite grading, access, the Hillside
Management Ordinance, the sanitary sewer easement, lighting, handicapped
parking, and elevator, as specifically indicated in the staff report. The
applicant provided a revised site plan, floor plan and elevations to address the
concerns of the Planning Commission, the Engineering Department, and the
Building and Safety Department. However, there does remain outstanding
issues concerning the grading plan, the crib wall, off-site grading, access to
the Radisson Hotel, lighting, and the Hillside Management Ordinance. Though
staff is in support of a restaurant at the project location, the issues must be
resolved before staff can recommend approval of the proposed project. It is
recommended that the Planning Commission table the project until all
outstanding issues are resolved.
Chair/Meyer declared the public hearing open for testimony.
Syed Raza, the architect representing Dr. Omar, asked the Planning
Commission to approve the project, conditioning that the parking level be
lowered and the grade of the slope be increased. He submitted a
October 11, 1993 Page 6
letter indicating that the Radisson Hotel is in the process of
changing ownership, thus the applicant will not be able to get a
letter authorizing off-site grading until that matter is settled. An
off-site grading authorization letter can also be a condition of
approval for the project. He requested direction as to the Idnd of
wall, other than a crib wall, that can be constructed to support
the slope and meet the Hillside Management Ordinance. Also,
the presenfowner of 4he Radisson Hotel indicated that they did
not want the restaurant to have pedestrian access to their hotel
C/Li stated that, since the owners of the Radisson Hotel may not
grant approval of the off-site grading on their property, he would
Oscar Law, residing on Pathfinder Road, inquired if the proposed
restaurant meets ADA standards in regards to access and
bathroom assessability. He suggested that Diamond Bar
consider having a restaurant row of fine restaurants.
C/Grothe explained that it is State law that all public buildings
meet ADA requirements and be handicapped assessable, which
Hearing no one wanting to provide further testimony,
Chair/Meyer declared the public hearing closed.
C/Grothe stated that he would have no problem with conditionally
approve the project based on an off-site grading authorization
letter because without that letter, the applicant will not be able to
begin construction. However, he— expressed a concern with the
final design and the height of the wall, and indicated that the wall
should be designed as an integral part of the landscaping.
Mike Meyers, a City Engineer, stated that the project does not
comply with the City's Hillside Management Ordinance in respect
to the height of the wall. There are a few options that the
applicant's engineer could do to reduce the height of the 20 foot
wall, — and increase landscaping, but, may in effect increase the
height of the second wall back. Any of the options would still not
comply with the Hillside Management Ordinance, which allow a
Chair/Meyer stated that since the Development Plan does not,
and apparently cannot, comply with the Hillside Management
October 11, 1993 Page 7
Management standards. The Planning Commission cannot render a
decision on the design review without a request for modification of
those standards. He suggested that the applicant attempt to submit a
set of plans addressing the concerns indicated in the staff report.
Otherwise, perhaps the Planning Commission should deny the
application so the applicant can start again with a decent set of plans.
C/Grothe stated that it is doubtful that the project will ever comply with
the Hillside Management Ordinance. However, the applicant should
make a major effort to try to comply, and outline the justifications as to
why it cannot comply.
Chair/Meyer reopened the public hearing
Chair/Meyer inquired if the applicant would concur to a continuance to
the November 22, 1993 meeting, giving the applicant an opportunity to
find out what modifications would be necessary to address the
concerns indicated in the staff report.
Syed Raza gave his acquiescence to a continuance of the public
hearing to the November 22, 1993 Planning Commission meeting.
Motion was made by C/Grothe, seconded by VC/Plunk and carried
unanimously to continue the public hearing to the November, 22, 1993
meeting.
Chair/Meyer recessed the meeting at 8:25 p.m.
C/Flamenbaum arrived to the meeting at 8:36 p.m.
Chair/Meyer reconvened the meeting at 8:40 p.m.
PUBLIC HEARING: The consideration of an ordinance to amend Title 22 of the Los
Angeles County Code by adding a new chapter establishing property
ZCA No. 93-3 maintenance standards.
Property
Maintenance Applicant: City of Diamond Bar
Ordinance
Property Location: All property withiii the City limits of Diamond Bar.
Environmental Pursuant to the
Determination: provisions of CEQA, the City has determined that this
project is Categorically Exempt
pursuant to Section 15321.
October 11, 1993 Page 8
CDD/DeStefano reported that the City Council. appointed
C/MaeBAde and MPT/Papen to a subcommittee to establish
property maintenance standards. The subcommittee, which
incorporated support from the City staff, the Deputy City Attorney
Mr. Woods (the City's prosecutor), and the City Attorney's office,
also consisted of members of the Diamond Bar Improvement
Association and other interested members of the community. The
City has the authority to establish minimum property
maintenance requirements in order to preserve and protect'the
health, safety, and appearance of neighborhoods, and to
eliminate blight and deteriorating characteristics of
neighborhoods. The City does not currently have adequate
ordinances to respond to the majority of the types of property
maintenance complaints received by the City in the past 4 1/2
years. A series of Codes are currently used to deal with property
maintenance issues, however, the City is limited to enforce the
current zoning ordinance and the various uniformed codes.
DCA/Woods has reviewed the draft ordinance prepared by the
subcommittee.' The subcommittee has revised the draft
ordinance to incorporate the comments made by DCA/Woods, as
well as those made by the City Attorney's office. The
subcommittee also reviewed 8 to 10 other cities' ordinances that
have been enforced and/or gone through litigation. The problem
of deteriorating properties in the City, and the lack of property
maintenance, may be due to the *age of the housing stock, the
lack of maintenance in newer subdivisions, and the expiration of
the private CC&R's throughout the City. Another issue before the
City is
for
creating an overall policy dealing with property maintenance
issue
thos
e owners of property that may lack the resources or means to
accomplish the mitigation necessary to cleanup their property.
Chair/Meyer declared the public hearing
Ron Norman, residing on Castle Rock for 5 years, stated that his
neighborhood is rapidly deteriorating, and as a result property
Values have dropped. Considering the high property taxes paid
particularly by newer residents, the City should respond on
citizens behalf to keep property values up. It is frustrating to live
CDD/DeStefano briefly reviewed some of the issues discussed in
the draft Property Maintenance Ordinance: storage in side, rear,
7": v. "rie"I'ma" „I mag "murtmeas
October 11, 1993 Page 9
yards of property; motor vehicle parking; property maintenance
of the structure such as the condition of the roof, broken
windows, structural defects; landscape maintenance in a health
and safety manner; fence and wall maintenance; multi family
zone standards; standards for commercial properties; and
Oscar Law, residing on Pathfinder, expressed his support for the
Property Maintenance Ordinance with the following
modifications: the standards should be applicable to all property,
owners in the City; consideration must be given to those that are
financially handicapped; a provision addressing easements; a
grandfather clause for existing CC&R's; a grandfather clause for
those that have been storing their trailers and campers on their
property; a statement specifically describing Division 6 of Title 14
in the California Code of Regulations as indicated on page 2;
modify the storage requirement, on page 3, to allow a longer
period of time to repair a vehicle; better define an "approved wall
or driveway" as indicated on page 4; explain how the standard
for broken or missing foundation and wall maintenance, on page
5, deals with land shifting; indicate the height limitation on a wall,
as indicated on page 6; specifically state that vegetation should
not hinder sidewalk use; and a reconsideration of the penalty
Bob Zirbes, President of the DBIA, presented a video illustrating
the types of property maintenance violations existing throughout
the community that the City currently has no means to abate.
There needs to be specific standards to support the
Code'Enforcement Officer. He suggested that perhaps the
section in the multi -family standards, regarding storage in the
garage and carports, can be removed or amended to apply only
to carports, particularly since the ordinance does not indicate
what can be stored in the garage for single family residence. The
Property Maintenance standards should be uniformed, and
equally and justfully enforced, for the benefit of all the property
Kevin Chirp, in support of the Ordinance, noted that the sections
enclosed in the document are not unusual, and are common in
any community in Southern California that has any respectable
appearance. The appearance of Diamond Bar has steadily
Mel Roper, residing on the comer of Castle Rock and Lost River
Road, stated that he has a problem with leaves and trash that
clogging the gutters and causing mosquitos, thus taking away
11 -771. -?77--I
October 11, 1993 Page 10
sweeper only comes around once every two weeks, and is often
Chair/Meyer noted that perhaps there needs to be consideration
as to how the City can better maintain City facilities.
VC/Plunk suggested that staff investigate if there may be a need
to sweep certain City street more than weekly or biweekly.
Joe MacManus, residing at 23561 Coyote Springs Drive,
Rick Imperial, residing at 1318 Crestmont Drive, stated that the
property owner in his neighborhood, who is not maintaining his
property, refused offers from his neighbors to do all maintenance
work -for him and help with funding if needed. Money does not
seem to' be an issue because a block wall has since been
constructed and a new car has been purchased. Sometimes the
Red Calkins questioned if the Ordinance will actually be able to
be enforced. He noted that the penalty for violations are too
strict, — and that the Code Enforcement Officer is being given too
much power and control. All homeowners will need to be notified
if the ordinance is approved. Mr. Calkins also noted that the
Ordinance needs to address the poor, the senior citizens, and
Frank Dursa stated that his 2 RV's are operable and he has
every right to park them in his yard. His tract does not have
CC&R's and he prefers it that way. The timing of the Property
Maintenance Ordinance is poor considering the recession.
Property values have declined, not because of maintenance, but
because of the economy. He pointed out that problems with
multiple vehicles parked on the front yard falls under the pattern
of the Health Department because of the risk to children. There
May Wycoff, residing on Del Sol, stated that the City 's
appearance has been deteriorating. Her neighborhood had a
property owner that kept many inoperable cars on the front yard
for many years. Had it not been for Mr. Zirbes, the problem would
still exist. The neighborhood also has a problem with RV's
Bob Throxall, residing on Castle Rock, stated that the City
October 11, 1993 Page 11
up an additional layer of bureaucracy. He pointed out that no one has
a right to enter someone's property without a court order.
Max Maxwell concurred with the statements made by Mr.
Throxall, Mr. Dursa, Mr. Calkins, and Mr. Law. Neighbors should
deal with each other to solve these problems. He questioned if a
Peggy Corbitt, residing on Ambushers, expressed her concern
that the appearance of her neighborhood is rapidly deteriorating.
Louise MacManus, residing on Coyote Springs, noting the street
sweepers are hindered by parked cars, stated that she would be
in favor of prohibiting overnight parking.
Richard Engels, residing on Willow Creek, concurred that the
appearance of the City is rapidly deteriorating. The standards in
the ordinance are reasonable, and are critically needed. Most
likely, those people who do not maintain their property lack
desire, not resources. Don Gravdahl, residing at 23988
Minnequa, stated that some of the problems, such as cars park
on front lawns, etc., can be handled through the ordinance.
However, as the ordinance is now written, probably any house in
the City, especially those with children, would be in violation. The
Ordinance gives too much authority, to the Code Enforcement
Officer, and disputing neighbors may use the Code Enforcement
Officer as a weapon against each other. Mr. Gravdahl then
indicated the following issues that need revisiting: the ordinance
allows storage in the back yard up to 50 % of the back yard, but
does not take into consideration that 1/2 of the yards in the City
have uphill slopes and/or downhill slopes; the ordinance should
address the registration of vehicles as a method of enforcement;
the width of driveways are specified in the County code; and the
Sheriff Department should be directed to ticket trucks because
there is already a 10,000 pound vehicle limit in the City.
Norman Beach Courschesne, residing at 2021 Peaceful Hills
Road, made the following comments opposing the Ordinance: it
allows the search of private property without a warrant; many
people bought homes without CC&R's because they did not want
them; the abatement process should address a method of
reimbursement if a citizen wins an appeal; it should address the
issue of land slides and such like occurrences; item IV, page 5
needs to specify a time limit; a citizen should not be charged per
day for their violation, as indicated on page 9, item 13, but rather
—17 1 -7-1
October 11, 1993 Page 12
manicured state, or to the Code, Enforcement Officers opinion;
the Public Health Department and the Building Department can
Lee Ford stated that he feels the public hearing was not very well
advertised.
Margaret Hee expressed her support of the Property
Bill Tinsmen pointed out that the reason that the City has been
deteriorating is because of the uncontrolled building, both
commercial and residential, within the City, and not because of
weeds. The Ordinance will be used by the City as a tool to
harass citizens. The City has no right to enter a property without
Cliff Hilliard, residing on Palomino Drive, stated that the concept
of the Ordinance is good, however, there should be a revisit of
the following issues: motor vehicle parking standards on page 4
are too broad and all encompassing; and the subcommittee
should contact camping and motorhome organizations to discuss
specifically what to do with motorhomes on private property.
Dianna Cheng, a real estate agent, and a Traffic and
Transportation Commissioner, stated that,, from her experience
in real estate, homes have a lot of trouble selling if a neighboring
property is poorly maintained. The Property Maintenance
Ordinance is necessary to help maintain property values in the
Hearing no one wanting to provide further testimony,
Chair/Meyer declared the public hearing -closed.
C/Flamenbaurn made the following comments: everything is
mixed in with multi family, commercial, and industrial, making it
difficult to determine what the City is attempting to enforce; if
there is to be such an ordinance, it should be limited to the front
yard only because no city, -or other agencies (except health and
safety violations), has any right to go in someone's back yard;
item E. makes it a violation to have a dry spot on a lawn;
maintenance of irrigation systems in an operable condition, item
F., is a matter of interpretation and needs to be better defined;
item HA makes broken dishwashers or lawn mowers a violation;
trash containers in commercial or multi family structures are
generally assessab '1e to the front yard, violating item I; a piece
of unused furniture In someones house could be a violation of
item K.2; item O.does not include an exclusion for automobile
77' —17-1 J"',
L-
should be considered for the enforcement method; and
automobiles can be required to be moved every 7 days (or
whatever number is determined suitable), and have valid
registrations in order to be allowed to be parked in the front yard.
C/Flamenbaum. indicated that the Ordinance, as written, is over
broad, over bearing, and over reaching. He suggested that the
C/Grothe expressed his concern that the Planning Commissions
comments made during the study session to review the draft
ordinance was not considered nor included in this draft
ordinance. In concurrence with the comments made by
C/Flamenbaum, C/Grothe added the following comments: even
yards with sod are not weed free; it is not the City's concern if a
roof leaks, or if there are missing pieces of stucco; a foundation
can hardly be missing, and a broken foundation has nothing to
do with public safety or aesthetics; most families with children
have torn'or missing screens; and many of the violations can be
handled through the Building Code. He concurred to continue the
VC/Plunk made the followin comments: she concurred that there
9
needs to be a provision addressing physical and economic
circumstances; if it is approved, there
should be an automatic review of the
document in one year to determine
it's success; the regulations should
be paraphrased; for a City who cares
about the environment, it seems
proper that we should care for the
appearance of our City; consider
standards for the front yard, or
Visible side yards at this time, and
consider standards for back yards
next year; consider allowing 1 week
for moderate repairs; large motor
Chair/Meyer stated that the comments and direction provided by
the Planning Commission subcommittee in their review the
Property Maintenance Ordinance was not included in the
document. Perhaps the subcommittee can work with staff to
organize the comments made by the Planning Commission and
be brought back to the Commission for review at a continued
public hearing. Part of the problem is that there are three
October 11, 1993 Page 14
session, not the one currently before the Planning Commission.
There may be some value to a Property Maintenance Ordinance,
but the definition of what are unacceptable maintenance
standards needs be
to
adequately defined. He supported a continuance to a date that
would give the City sufficient time to deal with these issues.
Chair/Meyer suggested that, since the. Ordinance also deals with
VC/Plunk requested the Planning Commission be given the
document at least one week prior to the meeting so that there is
C/Flamenbaum requested the new revision be footrioted with the
date so that the Commission can readily tell which document
Chair/Meyer declared the public hearing
Motion was made by C/Flamenbaum, seconded, by C/Grothe
and carried unanimously to continue the public hearing to the
meetin' of
December 13, 1993 with direction to staff to have the document
ready for distribution, and available to the Planning Commission,
ANNOUNCEMENTS: CDD/DeStefano reported that, as Administrative Development Director,
he approved ADR 93-16 for a single family residence located at
22128 Steeplechase.
Chair/Meyer indicated that -;-in his opinion, the Planning Commission gains front different points
of view. It is hoped that VC/Plunk, and C/Flamenbaum do not
ADJOURNMENT: The meeting was adjourned at 10:58 p.m.
Respectively, 'j;dmes Destefan—
pt -1 —1 "0
Is-
October 11, 1993 Page 15
Secretar
Attest: Da6q eyer Chairman