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HomeMy WebLinkAbout11/22/1993CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION NOVEMBER 22, 1993 CALL TO ORDER: Chairman Meyer called the meeting to order at 7:03 p.m. at the South Coast Air Quality Management �.•r1 District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Chairman Meyer. ROLL CALL: Commissioners: Grothe, Li, Vice Chairman Plunk, and Chairman Meyer. C/Flamenbaum arrived at 7:07 p.m. Also present were Community Development Director James DeStefano, Planning Technician Ann Lungu, Deputy City Attorney Craig Fox, and Contract Recording Secretary Liz Myers. MATTERS FROM There were none. THE AUDIENCE: CONSENT VC/Plunk stated that she will be abstaining,from CALENDAR: voting on the minutes of November 8, 1993 because. she was absent at that subject meeting. Minutes of - Nov. 8, 1993 Chair/Meyer requested the minutes be amended on page 3 to properly indicate C/Flamenbaum. Moved by C/Li and seconded by C/Grothe to approve the Minutes of November 8, 1993, as amended. The motion carried by the following vote: AYES: COMMISSIONERS: Grothe, Li, Flamenbaum, and Chair/Meyer NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: VC/Plunk ABSENT: COMMISSIONERS: None OLD BUSINESS: AP/Lungu reported that, pursuant to the Commission's direction, the City of San Draft PC Bernardino's Planning Commission Handbook was used Policies and as a foundation for Diamond Bar's Planning Procedures Commission Policies and Procedures Manual. The Manual manual has been reviewed by DCA/Fox. The following changes have been recommended by the City Attorney's office: delete the second, third, fourth, and fifth paragraph from page 7; add the wording, "Each Commissioner is appointed by one member of the City Council. The length and -T' expiration terms are set by City Council ordinance. For copies of the ordinance, you need to contact the City Clerk," to page 7; and rewrite the second paragraph, on page 15, to read, "The provisions of the Brown Act may apply to meetings of less than quorum committees of boards or commissions but not r-�"~i to social gatherings...". I� dlll!Ilfl' I I i -- T h 'd'II Illd ! III I November 22, 1993 Page 2 Chair/Meyer inquired if the Commission had any recommended changes to the manual. VC/Plunk suggested that examples of types of "City Advisory Bodies" be listed on page 4. DCA/Fox stated that it is not necessary to list the types of advisory bodies because they are subject to change on the whim of the City Council. Itis with this reasoning that paragraphs two through five were deleted from page 7, under Membership' VC/Plunk suggested that the section on Purpose, page 5, be expanded upon and perhaps merge with the Responsibility section. 11 C/Flamenbaum concurred that the Purpose section should be expanded, but not by including the Responsibility section. The Purpose section should elaborate what the Planning Commission is, which could be accomplished by citing State law. The Planning Commission concurred. VC/Plunk suggested that a Membership section jbe included just prior to the Effectiveness section. She then suggested that the second paragraph, under Effectiveness, be amended to read, "Effective commissions prioritize, anticipate, and analyze problems."; and the first line on the third paragraph be amended to read "Public hearings or citizens input meeting maybe difficult..." The Planning Commission concurred. VC/Plunk suggested that item 7., on page 7, be amended to read, "Do not return insults."; and item 12. to rewrite the last sentence to read, "No one will leave the meeting feeling disenfranchised." The Planning Commission concurred. VC/Plunk suggested that the last sentence in the first paragraph, on page 7, under Membership, which reads "...;and a willingness to serve las Chairperson or Vice Chairperson of the Planning Commission", be deleted. She then suggested that the word "shall" be replaced by the word "may in the first line, under Officers, on page 7. The Planning Commission concurred. C/Flamenbaum, referring to the four paragraphs deleted, on page 7, under Membership, suggested that a reference to the latest version of the City 77, November 22, 1993 Page 3 r� Council Ordinance be included in the manual so that new members of the commission know where to look for information regarding their appointment. The Planning Commission concurred. VC/Plunk suggested that the attachment of the Brown Act also be included in the manual. Chair/Meyer suggested that a page be added in the Appendix indicating the documents that a new Planning Commissioner should look for, such as a copy of the Brown Act. The Planning Commission concurred. C/Flamenbaum suggested that a statement be included on page 7, under Officers, explaining the rules for reappointment if the Chairperson or Vice Chairperson should leave mid term, vacating the office. He suggested the following wording, "In the event that the position of Chairperson or Vice Chairperson be vacated during the term, the Planning Commission may hold another mid term election to fill the position for the balance of that regular term." The Planning Commission concurred. Chair/Meyer corrected the second line on page 8, under Quorum, to read "If there are no items of business..." C/Flamenbaum suggested that the first paragraph on page 8, fourth line, under Quorum, be amended to read "A equal split vote (negative, neutral, or affirmative) ...1i. The Planning Commission concurred. Chair/Meyer suggested that page 9, under Quorum, item 1, be reworded to state "State the intention to cancel the meeting at least 72 hours prior to the cancelled or rescheduled date"; and reword the last line in item 3 to state, "This person must stay at least 15 minutes." He suggested that the last sentence in the first paragraph, under Agendas for Meetings, on page 9, be amended to read, "...posted at least 72 hours prior to the regular meeting". Chair/Meyer then inquired if the second paragraph, under Agendas for Meetings, page 9, is worded the way the Commission intended. VC/Plunk suggested that the paragraph be amended to read, "A Commissioner may request to place one item November 22, 1993 Page 4 on the agenda per meeting. The Planning Commission Secretary will advise as to the placement of an item on the agenda pertaining to the staff's workload, cost that may be incumbered by the City, or urgency of the item." The Planning Commission concurred. Chair/Meyer, in regards to the last sentence in the second paragraph, under Agenda For Meetings, ,on page 9, recalled that- the Planning Commission had concurred that there should be three ways to get an item on the agenda: by the Secretary, the Chairperson, or a consensus of the Planning Commission. Chair/Flamenbaum stated that, to his recollection, the Planning Commission concurred that any member should be able to place an item on the agenda. VC/Plunk stated that, to her recollection of the discussion, the last sentence should be deleted. C/Li concurred. It was the consensus of the Planning Commission'to '. delete the last sentence reading, "The actual placement of an item on the agenda for deliberation and action will require the consensus of the Planning Commission." Chair/Meyer suggested that the third paragraph, under Agendas for Meetings, on page 9, would be more appropriately placed under - the Meetings section. The Planning Commission concurred. C/Flamenbaum stated that, to his recollection, the Planning Commission could present non-binding resolutions as recommendations to the City Council, without having it on the agenda. However, the manual specifically states that no action or commitment may be taken on items which are not on the posted agenda. However, as an official governmental agency, the Planning Commission has an obligation to speak on any matters that may be addressed before the Commission. He suggested that a statement be included to indicate that the Planning Commission has the ability to draft non- binding resolutions making recommendations to the City Council on matters that have just been brought ' to the attention of the Planning Commission and are not on the agenda. DCA/Fox explained that the Planning Commission - I i A- 111, - , - i --- November 22, 1993 Page 5 cannot take action on a matter not on the agenda that's within the Commission's jurisdiction as a discretionary body. However, the Planning Commission can request staff to communicate recommendations to the City Council on matters outside the Commission's jurisdiction. If it is felt that staff is not communicating those recommendations, it is unlikely that the Brown Act would preclude the Planning Commission's ability to send a letter directly to the City Council. Also, there is nothing precluding a commissioner of going before the City Council directly with the Planning Commission's recommendation. The Commission's Handbook addresses how a commissioner addresses the City Council, as either a commissioner or an individual, with the Planning Commission's approval. Chair/Meyer corrected the third paragraph on page 10, last line, to indicate "Commissioners.."; and the first paragraph, under Motions, last line, to read "A motion is subject to the following steps:...". C/Flamenbaum suggested that Robert's Rules of Order should be quoted directly to address the appropriate procedures on Motions. Chair/Meyer concurred that it would be helpful if the steps are laid out in linear progression. DCA/Fox, in regards to the issue brought forth by C/Flamenbaum regarding instantaneous agendizing, stated that, as indicated in the Brown Act, instantaneous agendizing can occur when "Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority the members of the legislative body or a crippling disaster." Chair/Meyer suggested that the second line under Planning Commissions Recommendations, on page 12, be amended to read, "...transmitted to the City Council by the Secretary for decision..."; and amend the third paragraph, second line, on page 14, to read "...be considered " on the record" by the reporter" VC/Plunk stated that the first paragraph on page 14 seems redundant. The Planning Commission concurred, however, to leave the paragraph in the manual. Chair/Meyer requested staff to make the appropriate November 22, 1993 Page 6 corrections to the Manual and bring it back to the Commission on a future agenda.,;, CONTINUED Chair/Meyer, noting that the applicant has PUBLIC HEARING: requested a continuation until, December 13, 1993, suggested that the matter be continued to a date DR No. 93-1 & assuring a more reasonable time for the applicant CUP No. 93=4 to submit all information in the manner and format needed by staff. Chair/Meyer declared the public hearing opened.; Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to continue Conditional Use Permit No. 93-4 and Development Review No. 93-1 to January 24, 1994. INFORMATIONAL CDD/DeStefano reported that, pursuant to the ITEMS: Planning Commission's direction, staff has provided the Commission with a copy of the final draft Property Property Maintenance Ordinance for review, and Maintenance discussion at the December 13, 1993 Planning Ordinance Commission meeting. Staff is in the process of distributing additional copies to members of the public who have indicated an interest in the document, and to the Chamber of Commerce for their review. Chair/Meyer suggested that staff be prepared to do a comparative analysis of the Property Maintenance Ordinance and Chapter 99 of the LA County Building Code, which was in place for many years. ANNOUNCEMENTS: CDD/DeStefano suggested that the Commission continue reviewing the EIR relating to the Unionwide project, currently scheduled for Planning Commission public hearing on December 13, 1993. The Significant Ecological Technical Advisory Committee (SEATAC) will be meeting December 3, 1993 to critique the document and will be provide the Planning Commission with an advisory report on the issue. He reported that the City Council's decision to begin counting the signatures on the referendum petition effectively nullified the use of the current General Plan document, and the City has reverted back to the use of Ordinance No. 4-. The Planning Commission will be able 'to make a recommendation to the City Council on the Unionwide project when appropriate, but with no adopted General Plan, the City Council will not be 041�1 able to take any final action on the project. C/Grothe reported that the East San Gabriel Planning Commission dinner, held on November 18, 1993, was quite informative. November 22, 1993 Page 7 s --n ADJOURNMENT: Moved by VC/Plunk, seconded by C/Li and carried unanimously to adjourn the meeting at 7:55 p.m. Respectively,/-) AA�' J es DeStef6no Secretary Attest: F! David Meyer Chairman �! MINUTES OF THE PLANNING COMMISSION NOVEMBER 22, 1993 CALL TO OR ER: Chairman Meyer called the meeting to order at 7:03 p.m. at the South Cast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar California. (Commission's direction, the City of San PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: chairman Meyer. ROLL CALL:commissioners: Grothe,' Li, Vice Chairman Plunk, and Chairman Meyer. C/Flamenbaur�} arrived at 7:07 p.m. ardino's Planning Commission Handbook was used I Also present were Community Development Director James DeStefano, Planning Technician Ann Lungu, Deputy City Attorney Craig Fox, and Contract Recording Secretary Liz Myers. and MATTERS FRJM There were none. THE AUDIENCE: las a foundation for Diamond Bar's Planning CONSENT VC/Plunk stated that she will be abstaining, from CALENDAR: voting on the minutes of November 8, 1993 because. she was absent at that subject meeting. Minutes of Nov. 8, 1993 Chair/Meyer requested the minutes be amended on page 3 to properly indicate C/Flamenbaum. Moved by C/Li and seconded by C/Grothe to approve the Minutes of November 8, 1993, as amended. The motion carried by the following vote: AYES: COMMISSIONERS: Grothe, Li, Flamenbaum, and Chair NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: VC/Plunk ABSENT: on Policies and Procedures Manual. The OLD BUSINESS: IManual (manual has been reviewed by DCA/Fox. The followina I ourth, and fifth paragraph from page 7; add the ordin , "Each Commissioner is appointed by one ember of the City Council. The length and x iration terms are set by City Council ordinance. or copies of the ordinance, you need to contact he City Clerk," to page 7; and rewrite the second paragraph, on page 15, to read, "The provisions of he Brown Act may apply to meetings of less than uorum committees of boards or commissions but not o social gatherings... November 22, 1993 Page 2 Chair/Meyer inquired if the Commission had any recommended changes to the manual. VC/Plunk suggested that examples of types of "City Advisory Bodies" be listed on page 4. DCA/Fox stated that it is not necessary to list the types of advisory bodies because they are subject to change on the whim of the City Council. Itis with this reasoning that paragraphs two through five were deleted from page 7, under Membership. VC/Plunk suggested that the section on Purpose, page 5, be expanded upon and perhaps merge with the Responsibility section. C/Flamenbaum concurred that the Purpose section should be expanded, but not by including the Responsibility section. The Purpose section should elaborate what the Planning Commission is, which could be accomplished by citing State law. The Planning Commission concurred. VC/Plunk suggested that a Membership section —be included just prior to the Effectiveness section. She then suggested that the second paragraph, under Effectiveness, be amended to read, "Effective commissions prioritize, anticipate, and analyze problems."; and the first line on the third paragraph be amended to read "Public hearings —or citizens input meeting maybe difficult... The Planning Commission concurred. VC/Plunk suggested that item 7., on page 7, be amended to read, "Do not return insults."; and item 12. to rewrite the last sentence to read, "No one will leave the meeting feeling disenfranchised." The Planning Commission concurred. VC/Plunk suggested that the last sentence in the first paragraph, on page 7, under Membership, which reads 11 ... ;and a willingness to serve as chairperson or Vice Chairperson of the Planning Commission", be deleted. She then suggested that the word "shall' be replaced by the word "may" in the first line, under Officers, on page 7. The Planning Commission concurred. C/Flamenbaum, referring to the four paragraphs deleted, on page 7, under Membership, suggested that a reference to the latest version of the City November 22, 1993 Page 3 Council Ordinance be included in the manual so that new members of the commission know where to look for information regarding their appointment. The Planning Commission concurred. VC/Plunk suggested that the attachment of the Brown Act also be included in the Chair/Meyer suggested that a page be added in the Appendix indicating the documents that a new Planning Commissioner should look f or, such as a copy of the Brown Act. The Planning Commission concurred. C/Flamenbaum suggested that a statement be included on page 7, under Officers, explaining the rules for reappointment if the Chairperson or Vice Chairperson should leave mid term, vacating the office. He suggested the following wording, "In the event that the position of Chairperson or Vice Chairperson be vacated during the term, the Planning Commission may hold another mid term election to f ill the position for the balance of that regular term." The Planning Commission concurred. Chair/Meyer corrected the second line on page 8, under Quorum, to read "If there are no items of business... 11 C/Flamenbaum suggested that the first paragraph on page 8, fourth line, under Quorum, be amended to read "A equal split vote (negative, neutral, or affirmative) ... 11. The Planning Commission concurred. Chair/Meyer suggested that page 9, under Quorum, item 1, be reworded to state "State the intention to cancel the meeting at least 72 hours prior to the cancelled or rescheduled date"; and reword the last line in item 3 to state, "This person must stay at least 15 minutes." He suggested that the last sentence in the first paragraph, under Agendas for Meetings, on page 9, be amended to read, 11 ... posted at least 72 hours prior to the regular meeting". Chair/Meyer then inquired if the second paragraph, under Agendas for Meetings, page 9, is worded the way the Commission intended. VC/Plunk suggested that the paragraph be amended to read, "A Commissioner may request to place one item November 22', 1993 ,Page 4 on the agenda per meeting. The Planning commission Secretary will advise as to the placement of an item on the agenda pertaining to the staffs workload, cost that may be incumbered by the City, or urgency of the item." The Planning Commission concurred. Chair/Meyer, in regards to the last sentence in the second paragraph, under Agenda For Meetings, on page 9, recalled that. the Planning Commission had concurred that there should be three ways to get'an item on the agenda: by the Secretary, the chairperson, or a consensus of the Planning commission. Chair/Flamenbaum stated that, to his recollection, the Planning Commission concurred that any member should be able to place an item on the agenda. VC/Plunk stated that, to her recollection of the discussion, the last sentence should be deleted. C/Li concurred. It was the consensus of the Planning Commission to delete the last sentence reading, "The actual placement of an item on the agenda for deliberation and action will require the consensus of the Planning Commission." Chair/Meyer suggested that the third paragraph, under Agendas for Meetings, on page 9, would be more appropriately placed under - the Meetings section. The Planning Commission concurred. C/Flamenbaum stated that, to his recollection, the Planning Commission could present non-binding resolutions as recommendations to the City Council, without having it on the agenda. However, the manual specifically states that no action or commitment may be taken on items which are not on the posted agenda. However, as an official governmental agency, the Planning Commission has an obligation to speak on any matters that may be addressed before the commission. He suggested that a statement be included to indicate that the Planning Commission has the ability to draft nonbinding resolutions making recommendations to the City Council on matters that have just been brought to the attention of the Planning Commission and are not on the agenda. DCA/Fox explained that the Planning Commission November 22, 1993 Page 5 cannot take action on a matter not on the agenda that's within the commission's jurisdiction as a discretionary body. However, the Planning Commission can request staff to communicate recommendations to the City Council on matters outside the Commission's jurisdiction. If it is felt that staff is not communicating those recommendations, it is unlikely that the Brown Act would preclude the Planning Commission's ability to send a letter directly to the City Council. Also, there is nothing precluding a commissioner of going before the City Council directly with the Planning Commission's recommendation. The Commission's Handbook addresses how a commissioner addresses the City Council, as either a commissioner or an individual, with the Planning Commission's approval. Chair/Meyer corrected the third paragraph on page 10, last line, to indicate "Commissioners.."; and the first paragraph, under Motions, last line, to read "A motion is subject to the following steps:... C/Flamenbaum suggested that Robert's Rules of Order should be quoted directly to address the appropriate procedures on Motions. Chair/Meyer concurred that it would be helpful if the steps are laid out in linear progression. DCA/Fox, in regards to the issue brought forth by C/Flamenbaum regarding instantaneous agendizing, stated that, as indicated in the Brown Act, instantaneous agendizing can occur when "Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority the members of the legislative body or a crippling disaster." Chair/Meyer suggested that the second line under Planning commissions Recommendations, on page 12, be amended to read, 11 ... transmitted to the City Council by the Secretary for decision... 11; and amend the third paragraph, second line, on page 14, to read " ... be considered 11 on the record" by the reporter" VC/Plunk stated that the first paragraph on page 14 seems redundant. The Planning Commission concurred, however, to leave the paragraph in the manual. Chair/Meyer requested staff to make the appropriate November 22 1993 corrections to the Manual and bring it back to the Commission on a future agenda. 14FORMATIONAL DD/DeStefano reported that, pursuant to the CONTINUED Chair/Meyer, noting that the applicant has PUBLIC HEARING: requested a continuation until December 13, 1993, suggested that the matter be continued to a date DR No. 93-1 & assuring a -more reasonable time for the applicant CUP No. 93-w'4 to submit all information in the manner and format needed by staff. ITEMS: rlanning commission's direction, staff has provided Chair/Meyer declared the public hearing opened. he Commission with a copy of the final draft Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to continue Conditional Use Permit No. 93-4 and Development Review No. 93-1 —to January 24, 1994. ANNOUNCEMENTS: CDD/DeStefano suggested - that the Commission continue reviewing the EIR relating to the Unionwide project, currently scheduled for Planning Commission public hearing on December f3, 1993. The Significant Ecological Technical Advisory committee (SEATAC) will be meeting December 3, 1993 to critique the document and will be provide the Planning commission with an advisory report on the issue. He reported that the City Council's decision to begin counting the signatures on the referendum petition effectively nullified the use of the current General Plan document, and the City has reverted back to the use of ordinance No. 4. The Planning Commission will be able to make a recommendation to the City Council on the Unionwide project when appropriate, but with no adopted General Plan, the City Council will not be able to take any final action on the project. — C/Grothe reported that the East San Gabriel Planning Commission dinner, held on November 18, 1993, was quite informative. roperty roperroperty Maintenance ordinance for review, and aintenance iscussion at the December 13, 1993 Planning ordinance lCommission meeting. Staf f is in the process of Jistributing additional copies to members of the ublic who have indicated an interest in the ocument, and to the Chamber of Commerce for their eview. hair/Meyer suggested that staff be prepared to do comparative analysis of the Property Maintenance rdinance and Chapter 99 of the LA County Building ode, which was in place for many years. ANNOUNCEMENTS: CDD/DeStefano suggested - that the Commission continue reviewing the EIR relating to the Unionwide project, currently scheduled for Planning Commission public hearing on December i3, 1993. The Significant Ecological Technical Advisory committee (SEATAC) will be meeting December 3, 1993 to critique the document and will be provide the Planning commission with an advisory report on the issue. He reported that the City Council's decision to begin counting the signatures on the referendum petition effectively nullified the use of the current General Plan document, and the City has reverted back to the use of ordinance No. 4. The Planning Commission will be able to make a recommendation to the City Council on the Unionwide project when appropriate, but with no adopted General Plan, the City Council will not be able to take any final action on the project. — C/Grothe reported that the East San Gabriel Planning Commission dinner, held on November 18, 1993, was quite informative. November 22, 1993 Page 7 ADJOURNMENT: Moved by VC/Plunk, seconded by C/Li and carried unanimously to adjourn the meeting at 7:55 p.m. Respecti Secretary Attest: Da i'Mey"er" Chairman