HomeMy WebLinkAbout3/25/1996MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MARCH 25, 1996
CALL TO ORDER:
Chairman Goldenberg called the meeting to order at 7:08 p.m. at the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE: -
The audience was led in the Pledge of Allegiance by C/Fong.
ROLL CALL:
Present: Chairman Goldenberg, Vice Chairman Ruzicka,
Commissioners Fong, and McManus.
Also Present: Community Development Director James
DeStefano; Senior Planner Catherine Johnson;
Assistant Planner Ann Lungu, and Recording
Secretary Carol Dennis.
Absent: Chair/ Goldenberg announced that C/Schad was
excused from the meeting.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of March 11, 1996.
VC/Ruzicka requested on Page 2, Paragraph 5, a second
sentence be added to indicate "The nomination was
seconded by C/Fong."
VC/Ruzicka made a motion, seconded by C/McManus to
approve the minutes as corrected. The motion was
approved 4-0 with C/Schad being absent.
OLD BUSINESS - None
NEW BUSINESS:
1. Discussion of meeting day and time.
Chair/ Goldenberg stated he received a memorandum from
C/Schad requesting this item be continued until the April
8, 1996 Planning Commission meeting. The Commission
concurred.
CDD/DeStefano responded to C/McManus that the person in
charge of facilities reservations is on vacation from
SCAQMD. Therefore, staff has been unable to determine
what alternative nights the facility would be.available
for consideration.
March 25, 1996 Page 2 Planning Commission
VC/Ruzicka thanked staff for relocating in front of the
Planning Commission. He indicated the arrangement is
more comfortable for him.
2. Discussion of ex -officio youth members on - City
commissions.
Chair/Goldenberg stated t'.
business the Commission is
business that has been
Commissions in prior me(
memorandum received in tl
ref ered to the proponent's
and multi -ethnicity and i
City". He said he is no,
high school students' wo
perceived concerns, but t]
concerned on the issue in
all aware of the many ethn
that makeup the City and A
is this wide and varied mi
out that constantly referi:
iat under this heading of new
actually being referred to old
discussed by all of the
tings. He stated that the
e Planning Commission packet
concern for "multi -cultural ism
arying age groups within the
certain how the addition'of
ild resolve the proponent's
.e comments conclude him to be
general.He commented we are
Lc, racial and religious areas
should feel pride that there
.keup of citizens. He pointed
ig to multi -cultural and ethnic
issues does nothing more rnan rein=orce separci�l��
attitudes and promote racism and bigotry. He asked his
fellow Commissioners to think this item through
carefully.
Chair/Goldenberg- concluded stating his own feeling is
there should be a standing subcommittee set up that would
be invited to attend Commission meetings on a regular
basis with time to report on their needs and discuss
agendized items.
VC/Ruzicka said the s
members attempts to d
suggests doing it in th
this is implemented, o
groups will naturally wa
members resulting in the
will become unwieldy and
VC/Ruzicka feels additional time spent on Commission work
would be detrimental to high school student's performance
of their own school work unless their participation '_was
prescribed by, and guided by, the school district. He
suggested -receiving qualified testimony from school
authorities and make sure that the school authorities are
in full control if the program is implemented.
uggestion of ex -officio youth
o something positive, buts it
e wrong arena. He believes' if
ther cultural, ethnic and age
nt to be included as ex -officio
development of Commissions that
inefficient.
VC/Ruzicka expressed his belief that the program would
waste a lot of valuable Commission time that would be
better spent accomplishing the Commission's stated goal.
11
March 25, 1996 Page 3Planning Commission
C/McManus stated that in light of our recent education,
there may be some concern about the impact of the Brown
Act if the Commission were to take students out to a job
site, etc. In addition, the gratuities and other things
that might come into play if the Commission members or
the City bought the students lunch could pose a problem.
It might complicate the relationship plus increase
liability to the City.
C/Fong stated he was involved in the prior discussion
involving an ex -officio youth member participating on the
Planning Commission. He feels it is not practical to
have a Planning Commission, City Council or other
Commissions attempt to be made up of different people to
represent all respective groups of society.
C/Fong continued, in America we are all Americans. 'We
need to allow the full expression of each person in this
country to vote for leaders that represent the good of
the community. This will insure equal and good
representation for all citizens and for the good of the
community. In his opinion, he indicated that he does not
believe an ex -officio member would help the community but
would further segment the community. He further stated
he does not support an ex -officio youth member
appointment to the Planning Commission. If the City's
youth want to participate in government and see how the
City is run, they can attend any City Council or
Commission meetings.
Chair/ Goldenberg stated this is the second time the Mayor
has presented this proposal to the Commissions.
Apparently the Mayor did not like the response she
received the last time. He further stated that the Parks
and Recreations Commission, on January 25, 1996, moved
and approved the following response: "We recommend to
the City Council to set up a standing subcommittee
_composed of two junior or senior's in high school that
are Diamond Bar residents and attend local high school
that would be invited to attend the Commission meetings
on a regular basis with time to report on their needs and
to discuss agendized items." This was sent back to the
City Council at a 4-0 vote. He asked the Commissioners
what message they would like to send back to the City
Council tonight.
C/McManus made a motion, seconded by VC/Ruzicka to
recommend to the City Council as follows: We recommend
to the City Council to set up a standing subcommittee
composed of two juniors or seniors in high school that
are Diamond Bar residents and attend local high schools
--
i
Maroh 25, 1996 Page 4 -Planning Commission_
that would be invited to attend the Commission meetings,
on a ,regular basis with time to report on their- needs and
to discuss agendized items..
C/Fong suggested the Commission should be encouraging all
segments of the public to attend meetings.
j
Chair/ Goldenberg responded to C/Fong that the message he
suggests was sent to the City Council which apparently
fell on deaf ears. The -push is for some foray into the
youth area.
Chair [Goldenberg noted the arrival of C/Schad at 7:30
P.M.
Chair/Goldenberg stated there is a motion on the floor
which is identical to themotion forwarded -to the City
Council on January 25, 1996 by the Parks and Recreation
Commission.
C/Schad stated he concurs with the concept of the motion
because he believes it is important for the youth to
become aware of the City's processes and procedures. In
addition, he indicated he enjoys the' input from the
youth.
�I
C/McManus asked C/Fong if he would prefer that the motion
state "two' juniors or two seniors or any other .two
interested parties".
C/Fong asked the intention of having an ex -officio youth
member. Is it foreducation purposes or to represent
their interests or to give them a place to have hands on
experience?
VC/Ruzicka responded to C/Fong that he believes the
reason the Chairman is -pursuing this motion is because' of
the fact that Commissioners have previously tried to tell
the City Council about their concerns and it seems to
have fallen on deaf ears. There has been no detail
presented as to how this would work. He indicated that
as far as he knows,' no one has contacted anybody at the
school district -to find out if their formal participation
in the City's deliberations would interfere with the
student's school work. He stated he cannot endorse a,
program like this unless and until there is full
cooperation from the school official and participation in
City government and only with the school's full guidance.
C/Fong asked to know the specific reason the proponent of
this request stated for having an ex -officio youth member
on the Planning Commission.
I
F-,
March 25, 1996 Page 5•. Planning Commission
Chair/Goldenberg responded to C/Fong through discussions
with the proponent he discerned that the proponent felt
very strongly that input from the youth area would give
the City additional ideas, concepts and direction, not
guidance or guidelines. He stated that, in his opinion,
to have someone sitting on the Planning Commission as an
ex -officio member rather than as a subcommittee member
would be a hinderance to any Commission. He further
stated that an ex -officio youth member might possibly
work with the Parks and Recreation Commission. However,
he does not see any need for an ex -officio member on the
Planning Commission. In addition, an ex -officio member
would do nothing but hinder the Planning Commission
because, as VC/Ruzicka stated, the Planning Commissioners
are not educators.
C/Fong stated students can participate as citizens
anytime they wish.
C/Schad stated he supports having ex -officio youth
members sitting with the Planning Commission.
Chair/Goldenberg again stated the motion and called for
the question.
The motion was approved 5-0.
PUBLIC BEARING - None
PLANNING COMMISSION ITEMS:
CDD/DeStefano responded to Chair/ Goldenberg that this portion
of the meeting is an opportunity for the Planning
Commissioners to request future agenda items or raise issues
that require a response from staff.
VC/Ruzicka requested that Discussion of meeting day and time
be agendized for April 8, 1996.
C/Fong suggested the Commission review the City's Sign
ordinance for guidelines regarding bilingual signage.
Chair/ Goldenberg responded to C/Fong that all of the signs in
the City of Diamond Bar are required to be at least 50%
English. Although this is a requirement, he indicated he
believes there is no penalty if the signs are not at least 50%
English.
C CDD/DeStefano stated the Chairman is correct that there is a
�. 50% English requirement for signs which was implemented in
1991 when the Sign Code was amended. With respect to
enforcement, it is a misdemeanor if the. Sign Code is not
followed. The process for prosecution is through the Los
March 25, 1996
Page 6 Planning commission
�N
PI1"ii'
Angeles,County Deputy District Attorney's office: On a rare
occasion the City has to pursue the matter to the full extent
of the law. Generally, the -business operator is unaware of
the Code requirement and will comply when noticed. it is a
safety issue because often -the foreign characters are
unreadable to safety enforcement officials. Since the City, is
in the process of recruiting for a new Development Code
consultant, one of the listed action items is to assist the
City in reviewing the Sign Ordinance to insure that it is up
to date with case law.
AstP/Lurigu responded to ' ' C/Fong that, the Sign Code does not
express the size of the 'characters. The Sign Code allows
1.25 'square, feet of sign face area for every linear foot of
frontage. i
C/Fong stated that because this is an English speaking
country, the English characters should be dominant.
Chair/ Goldenberg responded to C/Fong that the Sign Code states
that for a two square foot sign, one square foot has to bel in
English and one square foot can be in the language of choice.
CDD/DeStefano stated that court cases are moving against the
issue of incorporating a minimum of English on the sign.
CDD/DeStefano responded to VC/Ruzicka that anyone who wishes
to attend the March 30 Planning Commissioner's Workshop should
advise staff no later than 5:00 p.m., March 26.'
INFORMATIONAL ITEMS:
1. Code Enforcement Update.
A. Gate in right-of-way on-sunbright Drive.
SP/Johnson stated that the resident has been issued
a Notice of Violation. The resident has -indicated
to Al Flores, Code Endorsement Office, the swinging
gate will be replaced with a sliding gate. 'The
installation should be completed prior to the April
8 Planning Commission meeting.
B. signs at Emerald Point Apartments.
SP/Johnson stated the complex has removed the sign
and has not removed the banners.
CDD/DeStefano responded to C/Fong that the City's code 1,
enforcement policy is reactive rather than proactive.
This policy may change with the new City Council. In
some cases, it is difficult to tell if the Code is being
violated because of what the City inherited from Los
March 25, 1996 Page 7"s Planning Commission
Angeles County. Sometimes the records are not
sufficiently detailed to determine whether there is a
Code violation. In the case of the Emerald Point
Apartment complex, this is an oversight by the City since
apartment complexes are usually allowed approximately a
year after completion or until a sufficient percentage of
units are rented to display signs and banners.
Chair/Goldenberg stated the City hasF a Community
Volunteer Patrol and staff members who work in the City
12 hours a day. If they knew, what to look for they could
be significant in locating and advising the City of
potential violations.
C. Morning sun Landslide.
CDD/DeStefano referred the Commission to the
updated information provided to the City Council
(City Council minutes dated February 6, 1996) by
the City's Engineer regarding the Morning Sun
landslide. The City has monitored the project on a
regular basis and maintains close coordination with
--' the school district and Mr. Patel, owner of the
property immediately adjacent to Morning Sun. The
City regularly informs both parties of their
respective responsibilities in dealing with erosion
control and mediation necessary for the total
eradication of the landslide. The City will
continue to monitor the situation to insure
compliance with the City's requests.
D. Presentation of Request For Proposal for
Comprehensive Development cods.
CDD/DeStefano stated staff is soliciting proposals
from various qualified consultants to provide
services to assist the staff and the Planning
Commission with the preparation of a new and
comprehensive Development Code. The City is
required to- adopt a Development Code. The Los
Angeles County Code is very difficult to read and
understand, and it is equally difficult to
implement and enforce. The County's Code was not
necessarily prepared for a community such as
Diamond Bar which is substantially hillside
oriented. The City proposes a comprehensive code
that would incorporate the Zoning Ordinance,
Subdivision Ordinance, Design Guidelines, Sign
Ordinance, etc. In addition, the City provided a
binder which contains the previously adopted
Hillside Management Ordinance, Transportation
Demand Management 'Ordinance,' Property Maintenance
Standards, etc. A copy of the Request For Proposal
March 25, 1996 Page 8 Planning,Commiss%on,
�i; 71
�',�yl�4ii
u �
',c
I is included in the Commission , packet. The
proposals are to be received -by the City no later
than the middle of April. Staff intends to present
a proposal for City Council consideration the first
meeting in May. Should the initiative pass, the
City has six months 'from the ,passage of the
initiative to complete these items. If this is the
case, the City will drastically reduce the work of
the consultant and expedite the entire process to
meet the requirement of the initiative. Therefore,
the document will be a compliance oriented tool
rather than a creative tool. If the initiative
fails and the Adopted General ,Plan remains in
place, the Development Code will be studied by the
Planning Commission in a much more, structured
format over the course of about one year.
CDD/DeStefano responded to,`VC/Ruzicka that to
prepare for the discussion of the Development Code
the Commissioners should read the General Plan. He
suggested they may wish to wait until after the
election on Wednesday, March 27.
Chair/ Goldenberg commended staff on the preparation
of the Request For Proposal. VC/Ruziek'a concurred.
CDD/DeStefano referred the Commissioners to copies of the
Contract City Association Workshop, information, updated
meeting matrix and copy of a letter from the City Attorney
which are included in the Commission packets. He indicated
that CA/Jenkins is available to discuss issues with the
Planning Commission, such as conflict of interest issues and
Brown Act issues. He is awaiting confirmation of the Planning
Commission meeting night to schedule these discussions.
CDD/DeStefano indicated CA/Jenkins has a personal conflict
with Monday nights. However, other members of the firms staff
would be available to discuss pertinent issues with the
Commission.
CDD/DeStefano stated that earlier this evening he served as
Hearing officer for Administrative Development Review. He
further stated he approved two projects, a 2400 square foot
room addition to an existing house on Mirage Lane in "The
Country Estates", and a 10,000'square foot house on a 153,000
square foot lot within Tract No. 47851 which incorporated a
tennis court, swimming pool and a 1300,square foot guest home.
CDD/DeStefano responded to C/Fong that he will determine and
report back to the Planning Commission regarding the status of
the Neighborhood Traffic Study and cul-de-sacing study for the
Country View Drive area. He recalled that the traffic study
is underway at the current time and that the item will' be
before the Traffic and Transportation in April and, later
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March 25, 1996
Page 9,,9 Planning Commission
referred to the Planning Commission on its way to the City
Council. CDD/DeStefano stated that several petitions were
received by the City from homeowners and residents of Country
View Drive, Rolling Knoll Road and Quail Summit Drive area
requesting that several issues be studied such as, cut -through
traffic and speeding traffic. Residents of Country View Drive
requested their street be studied for possible cul-de-sacing
at Grand Avenue. As a result, a Neighborhood Traffic Study
was initiated to identify the problems and present possible
solutions.
CDD/DeStefano responded to C/Fong that with respect to the
Arciero project, the applicant is working through the
conditions placed upon the project by the -City Council. A
number of the conditions require review and approval by the
State Fish and Game Department and the U.S. Army Corps of
Engineers to deal with the stream bed alteration at the bottom
of Sandstone Canyon. He stated that to his knowledge, the
developer has not yet submitted grading plans to the City as
a precursor to the permits. It is likely that the developer
will not attempt any physical construction activity until late
Summer or Fall.
CDD/DeStefano responded to C/Schad that he will find out and
report back to the Planning Commission regarding whether the
recently installed water line on Brea Canyon Road will serve
the school in addition to the proposed tract.
ANNOUNCEMENTS - None
ADJOURNMENT:
VC/Ruzicka made a motion, seconded by C/McManus to adjourn the
meeting. There being .no objections, ,the motion was so
ordered. Chairman Goldenberg declared the meeting adjourned
at 8:15 p.m.
Respectfully Submitted,
Jai4s DeStefano
Community Developpnent Director
Attest:
Michael Go'.de�7r erg l
Chairman G
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