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HomeMy WebLinkAbout2/14/1994MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 14, 1994 CALL TO ORDER: Chairman Meyer called the meeting to order at 7:06 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE:. The audience was led in the Pledge of Allegiance by Chairman Meyer. ROLL CALL: Present: Chairman Meyer, Vice Chairman Plunk, Commissioners Grothe and Li. Commissioner Flamenbaum arrived at 7:16 p.m. Also Present: Community Development Director James DeStefano, Associate Planner Rob Searcy, Planning Technician Ann Lungu, Interim City Attorney Michael Montgomery, and Recording Secretary Liz Myers Absent: None j MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None �I CONSENT CALENDAR: 1. Minutes of January 24, 1994 VC/Plunk questioned the accuracy of parts of the minutes of January 24, 1994. However, after discussion it was determined that the minutes as presented is correct. Moved by C/Flamenbaum, seconded by C/Grothe and carried unanimously to approve the minutes of January 24, 1994, as presented. OLD BUSINESS: - None NEW BUSINESS: 2. Planned Sign Program No. 94-1 AP/Searcy reported, per the Sign Ordinance, all freestanding signs require approval by the Planning Commission. The applicant is requesting approval of a freestanding sign 6 ft. in height and 72 sq. ft. in size to advertise a wholesale „- nursery located on Golden Springs Drive, adjacent to the SR 60 freeway, between Banning Way and the Brea Canyon Road off - ramp. He stated that the sign is to be constructed with 1/2" plywood supported by 2" X 4" frame on 4" X 4" posts, and is proposed as an unilluminated sign displaying the business name and phone number. It is recommended that the Planning Commission approve the freestanding sign at the location and February 14, 1994 page 2 i 911m1111 , size requested by the applicant. C/Grothe noted that the owner of the lot had originally, requested to rent it out for storage of plants for a wholesale nursery. However, it now appears that the parcel may be used' as a retail nursery, and should therefore be conditioned to improve the site for retail use. AP/Searcy stated that one of the conditions of approval for their original request was, should the wholesale nursery develop into a retail nursery, the property would have to be', developed with the proper improvements for such an establishment. The Engineering Department has also conditioned the project requiring an additional grading plan addressing -any intensification of the property. He stated that, at this time, both a wholesale and a retail nursery arel approved as a right of zone, not requiring special permits. I VC/Plunk suggested that staff point out to ,the applicant thele proper spelling of "wholesale", and that the approval of thel application be conditioned with the proper spelling of the; word. Chair/Meyer expressed concern that the application isj presented before the Planning Commission as a Planned Sign, Program when it appears to be more of a temporary sign, whose; appearance will deteriorate due to weathering. He pointed out that a professionally prepared sign, of a permanent nature, would be a major improvement to this facility. He then' inquired if there are existing non -conforming signs along the freeway currently on the site. AP/Searcy stated that there is currently areal estate sign on the site along the freeway. Any other sign that was on the site has already been addressed and removed. Chair/Meyer opened the meeting and invited those wishing to speak to come forward. Chair/Meyer noted that the applicant is not present to address the Planning Commission. Gary Neely express concern that the Sign Ordinance may prohibit freeway oriented signage. He then pointed out that the businesses surrounding the Colima Road/Brea Canyon Road commercial area, which are all serviced by the Brea Canyon off -ramp, is in need of a freeway oriented sign for its economic developmental welfare. He suggested that the City consider allowing an electronic freeway oriented sign, that could be paid for by the businesses, to be located on the far western corner of the nursery property along SR 60 freeway to ,_I,I . I ,,�r „ In ",W ,_�,�, AI,. f ,��� 1:� �' .r;' i„ "' V„ .11 , c „eM 4 A, February 14, 1994 Page 3 help advertise the commercial area. He stated that he concurs the sign proposed by the applicant could be constructed more aesthetically. However, some consideration should be given to his financial situation. There being no one else wishing to speak, Chair/Meyer closed the meeting and returned the matter back to the Commission for consideration. CDD/DeStefano, in response to VC/Plunk's inquiry regarding condition (d) of the resolution, explained that the General Plan extension of time allows for Planning Commission deliberation and approval, if deemed appropriate, for this kind of sign. He pointed out that, regardless of the ultimate land use, there will undoubtedly be a freestanding sign at this location, but perhaps using different building materials. Therefore, staff concluded that the application would be conpatible with the future General Plan. VC/Plunk concurred that the sign should be constructed of better building material. C/Grothe questioned why this application is being presented as a Planned Sign Program rather than as a temporary sign approval. CDD/DeStefano explained that the Sign Code, under the section Planned Sign Program, requires the Planning Commission review a single freestanding sign. C/Flamenbaum questioned how the temporary sign for the Calvary Church located at the intersection of Golden Springs/Grand Avenue was conditionally approved by the Planning Commission. AP/Searcy explained that the temporary sign was approved as part of the Conditional Use Permit (CUP) for that project. The sign was conditioned to be maintained and removed at such time when the permanent monument sign on Grand Avenue was constructed. Chair/Meyer stated that he feels the application is inappropriate for a design review.. He suggested that the application be denied, or be continued, allowing the applicant to design a more aesthetically pleasing small freestanding sign. A sign is a small investment for advertising a business. Moved by C/Flamenbaum to deny Resolution No. XX for the Planned Sign Program No. 94-1. CDD/DeStefano suggested that, since the Resolution of Denial has not been presented before the Commission, the Planning IVII IT I IIIIIII'II VII Is February 14, 1994 Page 4 �I'IIN Commission may choose to direct staff to prepare a Resolution of Denial with appropriate findings of fact for the next) meeting. Amending his motion, C/Flamenbaum moved and C/Grothe seconded to direct staff to prepare a Resolution of Denial for Planned Sign Program No. 94-1 for the next meeting. Chair/Meyer inquired if the Planning Commission desired to discuss the motion. VC/Plunk suggested that it may be more appropriate to allows, the applicant a certain amount of time to design a morel suitable sign. C/Flamenbaum pointed out that since the applicant is not present at the meeting, the Commission is not able to receive his acquiescence to construct a more appropriate sign. He'i noted that since the sign is located at the entryway to the City, it should be better designed. Chair/Meyer stated that the applicant has an opportunity to attend the next meeting to discuss viable alternatives. Staff' is being asked to prepare a resolution of denial. Therefore, the Resolution of Denial and the Resolution of Approval will be presented to the Planning Commission. ICA/Montgomery advised the Planning Commission that they could, either table the application, continue the application, or deny the application without prejudice, thus allowing the applicant an opportunity to re -address the issue. Referring to VC/Plunk's request to condition the project to properly, spell "wholesale", 'he pointed out that the Commission does not have the authority to control the"spelling on a sign. C/Li suggested that the sign should be considered as temporary, because it appears that the land use itself is temporary. AP/Searcy stated that though the land use is considered an interim land use, the use could theoretically last 20 to 30 years. C/Grothe pointed out that the tenant has zero investment into! the property, and there is no guarantee that the sign will bei maintained. C/Li pointed out that the application can be conditioned toy include a maintenance clause. He expressed concern that thel Commission may not be considering the applicant's financial ability when discussing this application. C/Flamenbaum reiterated that the resolution cannot be amended �V, 11 kds F.N`•�°pi„,' 4�V-'v„ Ss , Ri Wilroh,.x, R�.u.l..»iar�rsr�;v��+.�itiJ�i.�,.w,w:" .unM as w.ax rnau February 14, 1994 Page 5 to include additional conditions without the applicant's consent. The applicant will have the opportunity to address the issues at the next meeting. Chair/Meyer pointed out that the application is not a temporary sign but a sign package presented in the same format as all other signs in other commercial areas in the City. He stated that signs represent a significant investment in advertising for businesses. The City has an obligation to ensure that all businesses in the community comply with the same standards. The Planning Commission voted upon the motion made by C/Flamenbaum and seconded by C/Grothe to direct staff to prepare a Resolution of Denial for Planned Sign Program No. 94-1 for the next meeting. The Motion CARRIED 3-2 as follows: AYES: COMMISSIONERS: Grothe, Flamenbaum, and Chair/Meyer NOES: COMMISSIONERS: Li and VC/Plunk ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None VC/Plunk asked staff to point out to the applicant that the word "whole sale" may be misspelled. CONTINUED PUBLIC HEARING 3. Zoning Code Amendment No. 93-3 - Property Maintenance Ordinance CDD/DeStefano reported that, pursuant to the Planning Commission's direction at the last meeting, staff has revised the draft Property Maintenance Ordinance by incorporating the changes specified at the meetings of December 13, 1993 and January 24, 1994. The changes made to the draft Property Maintenance Ordinance are highlighted by either red line for any additions made, or strikeout for any deletions made. He stated that the City Attorney has also been provided with the last draft of the Abatement Procedures, which was produced by the City Council sub -committee, for his review. It is recommended that the Planning Commission review the draft documents, make appropriate changes and forward the Property Maintenance Ordinance to the City Council. C/Flamenbaum, noting that Chapter 99 is an item of discussion on the City Council's agenda for their meeting tomorrow night, inquired if the Planning Commission should continue with their review of the draft Property Maintenance Ordinance at this time. February 14, 1994 Page 6 VC/Plunk pointed out that the recommendation to the City, Council was to approve Chapter 99 as an interim measure until' the draft Property Maintenance Ordinance was prepared in final form. Chair/Meyer noted that the City Council sub -committee desired, to create a Property Maintenance Ordinance that went beyond the provisions of Chapter 99 of the Building Code and the! Uniform Housing Code. Since the Planning Commission has expended much effort in developing the Ordinance to this point, the process should continue. VC/Plunk, noting that there have not been any changes made to the draft Abatement Procedures, inquired if the City Attorney' has had the opportunity to review the document and respond'; accordingly. ICA/Montgomery stated that, though he received a copy of the draft Abatement Procedures with various comments and suggestions made, he felt it would not be appropriate to, attempt to predict policy prior to public comment and prior to discussion by the Commission of the issues not yet addressed,, such as mediation, or the notification procedure to deny tax benefits to any rental property not appropriately maintained. Chair/Meyer declared the public hearing open and invited those wishing to speak to come forward. Don Gravdahl, residing at 23398 Minnequa, submitted a drawing of his property illustrating the location of his motor home to the Planning Commission. Referring to Motor Vehicle Parking) on page 7, he expressed concern that the ordinance requires motor homes parked on the side yard, abutting the street, to, be screened. He noted that many motor homes parked on the' side yard hangs out the front yard set back, and since a six, foot high wall cannot be placed in the front yard set back toy "screen" his motor home, the word "screened" should be eliminated. He then suggested that item B, under Motor Vehicle Parking, on page 8, be amended to indicate vehicles with a 10,000 pound gross vehicle weight (GVW), since many' pickups posted 6,000 GVW do not take into account additional weight from added bodies, tools, etc. He also suggested that, the definition of "Blighting Conditions" be removed from the document, particularly since much of the definition does not apply to the City, such as references to coastal environment.I Bob Zirbes, residing at 2141 Tierra Loma, made the following comments: remove the definition of "blighting", on page 3, particularly since it is not mentioned anywhere else in the, document; revise the definition of "driveway", on page 5, to amend (a) to read, "That portion of the road right-of-way where motor vehicles enter or leave the highway onto private 'dII i JY. ih'i:,� , Al l.[&111, 1111,i..Ilk [,n "—,_.I —_,— N..—»-,— e»,. —. February 14, 1994 Page 7 property; there should be a diagram to reference the definition of "Yard", on page 5; and delete "to prevent public health hazards" from the last sentence of Landscape Maintenance, on page 9. He then suggested that there should be administrative procedures, included in the ordinance, for the Code Enforcement officers to follow for their investigation and handling of complaints, with the understanding that the Abatement Procedures are for the violator who refuses to comply. He also suggested that since the ordinance does not include a definition of "nuisance", then the Abatement Procedures should replace "nuisance" with "violation of Ordinance No. XX." Oscar Law, referring to page 7, suggested that the Ordinance allow the grandfathering of all existing recreational vehicles. Red Calkins concurred that the definition of "Blighting conditions" should be deleted. He also concurred with Mr. Gravdahl's suggestion to change the GVW to 10,000 pounds. Gary Neely inquired if the Commission will be addressing his suggestion regarding freeway oriented signs. Chair/Meyer explained that the appropriate time for .the Commission to respond to comments made on issues not relating to matters on the agenda is during Commission Comments, at the end of the meeting. Gary Neely expressed his opinion that the draft Property Maintenance Ordinance should be completely thrown out. However, assuming that it is to remain, he made the following comments: delete the definition of "Blighting conditions" on page 3; redefine "Driveway" on page 5; expand the definition of "Yard", on page 5, to include consideration of flag lots; define a "pedestrian access way" as indicated on page 7, item A; define "debris" as indicated on page 6, item A; clarify the concept "side yard" versus "side yard that abuts the street; expand the definition of "aesthetically similar" as indicated on page 10; include Diagram A in the document regarding the definition of "yard"; and delete the reference regarding maintaining irrigation systems, indicated on page 9 since it is not the City's business. Al Rumpella, residing at 23958 Golden Springs, referring to the draft 'Abatement Procedures, he made the following comments: item 3, under Hearing Notice, page 2, should be amended to indicate "certified mail"; replace "Code Enforcement Official" as indicated on page 2, under Extension of Time To Perform Work, with "Hearing Officer" since the hearing officer is the decision maker as indicated in item (C) Order of Abatement; delete the mention that the hearing shall February 14, 1994 Page 8 be noticed, as indicated on page 6, under Account of Abatement Costs item (A), because it is not appropriate to disclose the violator and the violation; delete item (B), under Right ofd Entry, on page 8, and replace it with the District Attorneys definition as outlined in the letter dated June 28, 1993; ands rewrite the first sentence, under Continuing violations, page' 8, to read "It shall not constitute a new and separate!, offense...". Referring to the Ordinance, 'Mr. Rumpella made'', the following comments: delete "Blighting conditions" on'page, 3; allow 30 days to fix minor repairs, as indicated on page 6, item B; for consistency, delete the word "weeds" from item B, 'under Storage, page 7; delete mention of "screening", underl Motor Vehicle Parking item A; delete "two such vehicles", indicated in item b, under Motor Vehicle Parking, on page 8,' because some homes have three car garages and bigger families; and delete mention _of the "irrigation system" indicated under Landscape Maintenance, on page 9. Oscar Law, referring to the Abatement Procedures, suggested that a registered owner be notified by certified mail that the property be maintained within a reasonable period of time, or' the City will take care and add the cost to the property tax bill. N�f There being no one else in the audience wishing to speak, Chair/Meyer closed the public hearing and returned the matter] back to the Planning Commission for consideration, followed byl a recess. RECESS: Chair/Meyer recessed the meeting at 8:25 p.m RECONVENE: Chair/Meyer reconvened the meeting at 8:47 p.m. I The Planning Commission discussed if the Property Maintenance,' Ordinance would amend the Building Code or the Zoning Ordinance. ICA/Montgomery stated that, at this time, the Property Maintenance Ordinance can be placed in the Building Code. Chair/Meyer stated that, as another option, after adoption of the General Plan, the Property Maintenance Ordinance could be used as a potential amendment to the Zoning Ordinance, since it refers to zoning aspects. The Planning Commission concurred to review the draft Property Maintenance. Ordinance page by page. The following is a', summarization of the changes as concurred by the Planning' F d;a Commission: Section 22.54.010, �•r_n�G 1 i �:'y -«_.€�,�al 'k��k.�"�C,��7 b���.��,�.:ks e...ah JWdh.,. [.I;, AW1.1— , — ..,.,_,--1 1-1 _i i- , «- r , - -- February 14, 1994 Page 9 page 2 - Rewrite the first part of Purpose and Intent,, to read, "The lack of property maintenance contributes to the deterioration of residential, commercial and industrial properties including structures, landscaping and improvements thereon,... Such a deterioration may lead to an overall decline... further, deteriorating conditions of property contribute to the creation of conditions..." page 3 - The Planning Commission concurred that the issue regarding financial abilities will be addressed during the Abatement Proceedings. page 3 - Rewrite the last sentence, under Purpose and Intent, to read, 11 .... while concurrently providing a useful property maintenance enforcement tool to be utilized when notification of responsible parties have failed to prevent or eliminate the conditions described herein." Section 22.54.020 page 3 - Delete "Blighting conditions" in it's entirety. As suggested by ICA/Montgomery, the Planning Commission concurred to replace the definition of "Blight" with the definition of "Nuisance" as defined by State law. Section 22.54.030 page 5 - Rewrite the definition of driveway (a) to read, "That portion of the road right-of-way where motor vehicles enter or leave the highway onto private property." Rewrite item (b) to read, "A private roadway providing access to a street or highway and off street parking facilities." Section 22.54.040 page 5 - Include Diagram A to reference the definition of. yards. Include a definition of flag lots in the definition of Yards. Section 22.54.060 page 6 - Amend the last sentence of item (b) to read "..., that such emergency or minor repair shall be concluded within ten (10) consecutive days of the commencement thereof or a maximum of thirty (30) — ��li i II�1�uI�I�fIi I l�f I � I III Illlli f��; 14,IIId I February 14, 1994 Page 10 days as approved by the Hearing Officer. This change will allow an opportunity for an individual to explain -any special circumstances. Section 22.54.070 page 7 - Delete the entire section, A and B, in it's entirety because section 22.54.050, on page 6, defines the storage of front yard/side yard, abutting a street. Therefore the definition of storage side yard not abutting a street is not, needed. The purpose of the Ordinance is to keep' things off of the front yard, not the side yard. 11 Section 22.54.080 page 7 - Delete the statement, "if screened from public, view". Delete the phrase "including the City's Planning and Zoning Code" because it is redundant.1 page 8 - Include a definition of commercial vehicle as, stated in the Vehicle Code. Per the advise of ICA/Montgomery that it may be easier for the City, to enforce the posted GVW for parked vehicles because the weight of a parked vehicle can't be determined without a court order, the Planning, commission concurred to amend item B to indicate the minimum use of the gross unladen weight ofl three tons and a maximum of 10,000 pounds actual' weight. page 8 - Include a definition of commercial vehicles to' address Item B to ensure that not more than two; commercially -used vehicles are parked or stored on any single-family lot 'or parcel. The Planning, Commission concurred that existing recreational, vehicles and commercial vehicles will not be exempt', from the provisions. Section 22.54.090 page 8 - Rewrite the first sentence to read, "All buildings, structures and paved areas within any lot or parcel, designated as single-family shall be kept and maintained in a manner not to constitute a public) nuisance." Section 22.54.100 ' page 9 - Rewrite the entire section to read, "All landscaped areas within any lot or parcel designated as u,4, k,uLL­ - _ �.. .. _ _ _. Y- _ --,. _- M 1_-_..__--.. __ --__ _.- February 14, 1994 Page 11 single-family shall be kept and maintained in a manner so as not to constitute a nuisance. Landscaped areas shall be kept in a manner so as not to constitute a nuisance. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and watered as to keep the same in a healthy growing condition. Irrigation systems shall be kept in good working condition not to constitute a threat to public health or safety." Section 22.54.110 page 10 - Delete examples 1 through 5 from Section A, and rewrite the first sentence to read, "All fences and walls upon any lot or parcel designated as single- family shall be kept and maintained in a manner so as not to create a public nuisance." Rewrite Section B to indicate that the fences and walls must comply with Building Code provisions so as not to impose a risk to health and safety. C/Flamenbaum requested staff to address parking of trailer I homes in motor home parks in regards to section 22.54.150, on page 12, item A. Staff noted that most of the provision is preempted by State law in the mobile home parks. The Planning Commission directed staff to ensure that the Multi -family section comply with the rest of the document. C/Flamenbaum, referring to Commercial Standards, inquired how a local automotive -repair shop will maintain the scrap yard in a neat and organized manner. The Planning Commission concurred on the,following changes: Section 22.54.210 page 16 - A fully screened storage yard, in the back, is exempt. section 22.54.230 page 17 - This section does not apply to single-family residences, and it should be tailored to the present section, as well as address public nuisances. Section 22.54.250 page 18 - It should address public nuisances. Moved by C/Grothe, seconded by C/Flamenbaum and carried unanimously to direct staff to prepare resolutions of approval for the next meeting, making all the appropriate changes to the documents. Gary Neely pointed out that the Planning Commission did not, address- the following items: definition of debris as' indicated on page 6, storage in the front yard; a clear definition of "abutting the street"; definition of what "a pedestrian access way shall be maintained on one side yard"I means, as indicated on page 8; and define "periodically resurfaced or resealed", as indicated on page 20, the last sentence before industrial standards. s,.. PUBLIC HEARINGS: 4. Conditional Use Permit.No. 94-1 February 14, 1994 Page 12 Section 22.54.260 page 19 - Add a provision that private property open to the public must be maintained in a safe and sanitary manner. The Planning Commission concurred that the following issues should be addressed in the Abatement Procedures: o Provide for areliminar informal notice such as a' p Y warning notice. o Provide for a mediation process. 0 Provide a certified mail provision for notification. o Provide'stern enforcement for health and safety issues.' o Provide a slow type of enforcement procedure for common, problems such as unmowed lawns, vehicles under repair,,, and boats stored in the yard, to include personal notice, a letter, and then offering mediation before citing the person. o The appeal process should proceed from the Planning Commission on to the City Council. o The mediation process and abatement process should include consideration of economic problems or other constraints at a hearing before a zoning administrator, Community Development Director, or appropriate' individual. o The City Manager, or his designee, is the ultimate responsible administrative personnel, thus eliminating, mention of the Code Enforcement official. o Provide for heavy fines to address commercial/ industrial! owners. o The initial hearing is applicable for residential as well as for commercial owners. Moved by C/Grothe, seconded by C/Flamenbaum and carried unanimously to direct staff to prepare resolutions of approval for the next meeting, making all the appropriate changes to the documents. Gary Neely pointed out that the Planning Commission did not, address- the following items: definition of debris as' indicated on page 6, storage in the front yard; a clear definition of "abutting the street"; definition of what "a pedestrian access way shall be maintained on one side yard"I means, as indicated on page 8; and define "periodically resurfaced or resealed", as indicated on page 20, the last sentence before industrial standards. s,.. PUBLIC HEARINGS: 4. Conditional Use Permit.No. 94-1 February 14, 1994 Page 13 CDD/DeStefano reported that it is recommended that the Planning Commission continue the Public Hearing for Conditional Use Permit No. 94-1 to the meeting of March 14, 1994. Chair/Meyer opened the public hearing and invited those wishing to speak to come forward. There being no one in the audience wishing to speak, Chair/Meyer returned the matter back to the Planning Commission for consideration. Moved by C/Grothe, seconded by C/Flamenbaum and carried unanimously to continue the public hearing to the meeting of March 14, 1994. ANNOUNCEMENTS: CDD/DeStefano made the following statements: the General Plan revision process is successfully moving forward; and all of the City's Commission positions come up for reappointment i consideration tomorrow at the City Council meeting. C/Flamenbaum suggested that the Planning Commission _ communicate to the City Council economic development team to discuss the possibility with the businesses in the Brea Canyon/Colima Springs commercial area to have one single off site sign for identification purposes, as suggested by Mr. Neely. He then suggested a revisit of the Sign Ordinance. ADJOURNMENT: Moved by C/Flamenbaum, seconded by VC/Plunk and carried unanimously to adjourn the meeting at 10:07 p.m. Respecti e , mes DeStef-no Secretary Attes�f. / I id Meyer Chairman