HomeMy WebLinkAbout8/19/1997- - - - - - - - . , - 11 11i „hw 11 � , -,.-1,141"1�'-...._r -- -- ------ _- -- - -- - - - - � - --- - -- ----
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
AUGUST 19, 1997
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 6:07 p.m. in the
South Coast Air Quality Management Board Hearing Room, 21865 East
Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Robert Zirbes.
ROLL CALL:
Present: Chairman Ruzicka, Vice Chairman Schad,
Commissioners Goldenberg and McManus
Absent: Commissioner Fong
Also Present: Acting Planning Commission Secretary Catherine
Johnson and Planning Technician Susan Cole.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1.. Minutes of August 5, 1997.
C/Goldenberg moved, C/McManus seconded, to approve the
minutes of August 5, 1997 as presented.
OLD BUSINESS: None
NEW BUSINESS - None
CONTINUED PUBLIC HEARING:
1. Draft Development Code (Zoning Code Amendment ZCA 97-1)
Article III - Site Planning and General Development
Regulations.
Mr. Pflugrath continued with Article III presentation for
the Chapter entitled Noise Control On Page III -60.
Mr. Pflugrath corrected the third line of 3. Standard No.
3 on Page III -64 to read: "shall be the applicable noise
level from Subsection A, plus 10 (instead of 20) dB; or,
etc.
ter,
Mr. Pflugrath responded that Table 3 Exterior Noise
Standards on Page III -64 complies with the City's General
Plan guidelines.
Mr. Pflugrath indicated CNEL at the end of C. Residential
design requirements 1. on Page III -66 is,stricken so that
the paragraph ends following 40 dBA.
AUGUST 19, 1997 PAGE 2 PLANNING COMMISSION
a..li
Steve Tye asked how noise levels are measured on!`.'$;`
residential properties that back up to industrial
properties.
Mr. Pflugrath responded that the noise level for
residential would be :easured according to the criteria
for Noise Zone II (Page III -66) within the boundaries; of
the residential property.
SP/Johnson responded' to Bob Zirbes that the City's
ambient noise level is called out in the General Plan.
OFF-STREET PARKING AND LOADING STANDARDS (Pages III -72 through
III -92)
C/McManus asked how Item C. Vehicles for sale on Page
III -73 can be enforced without a code enforcement officer
being available on weekends.
C/Goldenberg asked if a residential room addition can be
completed if the unit suffers from non -conforming
parking.
SP/Johnson explained that if a violation was uncovered
upon inspection, the building permit would not be
approved. It is illegal to remove parking (See B.
Parking and loading to be unrestricted on, Page III -73).
Mr. Pflugrath explained that, room addition building
permits are procedural matters for City staff's review
and approval.
Chair/Ruzicka stated that C/Goldenberg's concern warrants
more definitive language within the code. This is a
violation that occurs within the City with some.
frequency.
Mr. Pflugrath referred the Commission to D. Nonconforming
status on Page III -73 and suggested that a section) be
added for single family residential.
Chair/Ruzicka responded to Mr. Pflugrath that a thorough
inspection should be triggered by any building permit
request.
Chair/Ruzicka stated his concerns regarding the lack of
sufficient on-site parking at Diamond Bar High School.
Mr. Pflugrath responded that most school district's do
not provide the correct number of parking spaces. IHe
suggested signage be ;laced on residential streets to
curb the parking.
AUGUST 19, 1997 PAGE 3 PLANNING COMMISSION
C/Goldenberg asked that "as provided in Table XX on Page
XX" be added to Paragraph G. Company-owned vehicles on
Page III -74 for clarification.
Regarding VC/Schad's concern regarding parking
availability for the Heritage Park Community Center, Mr.
Pflugrath referred the Commission to Performance
theaters, meeting halls and membership organizations in
Table 3-xx on Page III -77.
C/Goldenberg asked that "Bowling alleys" be changed to
"Bowling centers" in Table 3-xx on Page III -76.
C/Goldenberg asked that a definition be provided for
"ancillary uses". (See Table 3-xx on Page III -76. - e.g.)
C/Goldenberg stated he believes the Code should
incorporate "guest parking" for new hillside development
in addition to the required parking.
Mr. Pflugrath suggested that language be provided to
indicate that parking will be required "at the discretion
of the Director".
C/Goldenberg suggested the City consider offering "in
lieu fees" to acquire public parking area be included in
Reduction of Off -Street Parking Requirements for Shared
Use on Page III -81.
C/Goldenberg reiterated his concerns regarding concreting
of single family residential front yard areas. (See Page
III -82). He stated he believes the code should include
an acceptable standard.
C/Goldenberg recommended that with respect to Page III -
85, the landscaping should define the ingress and egress
points of the driveway.
Mr. Pflugrath responded to Chair/Ruzicka that property
owners who have created additional parking by concreting
front yard areas may be in violation of the current code.
Responding to Chair/Ruzicka, Mr. Pflugrath stated he
believes Real Estate laws require disclosure of non-
conforming situations upon listing of the property for
sale.
C/McManus asked if whether a fence that has been
illegally allowed to stand on a property for a certain
period of time becomes the property of the current
property owner.
Mr. Pflugrath responded that the judicial system may find
that it is unreasonable for a City requires a building
AUGUST 19, 1997 PAGE 4 PLANNING COMMISSIION
owner to correct a situation that has been in place for
a number of years.
Mr. Pflugrath indicated to Chair/Ruzicka that he will
research the situation and advise the Commission.
C/Goldenberg stated that enforcement depends on the
philosophy of'the City Council.
C/Fong arrived at 7:15 p.m.
Chair/Ruzicka stated that if a future City Council
chooses to be more proactive, the Development Code will
provide the vehicle.
Mr. Pflugrath referred the Commission to E. Driveway
width and length on Page III -89 in response to
C/Goldenberg's concerns regarding concreting of single
family residential front yard areas. He indicated that
he has noted future discussion of 1. Circular drives and
2. driveway width maximums.
C/Goldenberg recommended that "five" feet be changed,to
"seven" feet in the third line of 6. perimeter parking
lot landscaping a. Adjacent to streets to allow two feet
for bumper overhang. The Commission concurred.
VC/Schad stated that some of the City's major grocery
stores place grocery .carts on sidewalk areas immediately
adjacent to parking areas which creates a pedestrian
hazard. He asked if the code can provide for adequate
walkways.
Mr. Pflugrath indicated that in order to implement the
code, compliance would be required at the time of.
addition or remodel on a case by case basis. Compliance
could not be required on a retroactive basis. He
indicated that grocery markets are required by ADA and
Fire Code to maintain a clear -four foot access way.
C/Goldenberg recommended "When provided," be added to the
beginning . of the last sentence under M. Wheel
stops/curbing on Page IiI-88 so that the sentence reads:
"When provided, wheel stops shall be placed to allow for
two feet of vehicle overhang area within the dimension,of
the parking space."
Mr. Pflugrath stated E. Clearance from obstruction will
be renumbered "F." and F. Traffic safety,sight'area will
be renumbered "G." on Page 111-89. 0
C/Goldenberg stated that the Fire Department requires
driveways for -multi -family uses with more than six units
to have a minimum paved width of 1126" feet instead of
AUGUST 19, 1997 PAGE 5 PLANNING COMMISSION
1124" feet (see e. driveway width and length, 2. multi-
family uses. b. on Page III -89.
VC/Schad recommended location requirements be added to B.
Bicycle parking design;, and devices a. on Page III -90.
Craig Clute commented that with respect to dBa levels,
CalTrans uses a "b" weighted scale. The City uses an "a"
weighted scale.
Mr. Pflugrath stated that he is unaware of any zoning
document that contains other than an "a" weight scale.
Mr. Clute stated his concerns regarding possible code
violations with respect to business uses on Golden
Springs Drive east of the Brea Canyon Road intersection.
Tom VanWinkle commented that the ingress/egress for
Coco's Restaurant area west of Brea Canyon Road on Golden
Springs Drive presents a safety hazard.
PLANNED DEVELOPMENT STANDARDS (Page III -93 and III -94).
T Mr. Pflugrath presented the Chapter entitled Planned
Development Standards.
k. RECESS: Chair/Ruzicka recesse4 the meeting at 7:50 p.m.
RECONVENE: Chair/Ruzicka reconvened the meeting at 8:00 p.m.
PROPERTY MAINTENANCE STANDARDS (Page III -95 through III -105)
Mr. Pflugrath responded to C/McManus that personal use
vehicles are not covered under C. Motor vehicle parking
on Page III -97.
In response to Chair/Ruzicka, Mr. Pflugrath indicated
this community responds on a complaint basis only. Older
communities tend to have strict and active code
enforcement and use uniformed officers that carry badges
and have citation authority.
C/Fong asked that e.g. dead branches, dead palm fronds,
dead lawns, etc. be added at the end of paragraph E.
Landscape maintenance on Page III -97.
Chair/Ruzicka requested the "exit" be corrected to
"exist" at the beginning of line three under A. Public
r, nuisance and nuisances per se 2. Written notice on Page
III -100.
Craig Clute commented that it is unfortunate the City is
on a reactive basis with respect to code enforcement.
I
G
AUGUST 14 1997
i
PAGE 6
PLANNING COMMIS SOON
CA/Jenkins
Mr. Pflugrath
responded
to Mr. Clute that this
d",
Development Code
does not
address on street parking
because it is in
the public
right-of-way.
C/McManus stated although the proposed Development Code
offers more authority the City is reactive rather than
proactive,
C/Fong stated his concerns regarding the proliferation of
multi-ethnic commercial signage (See Page III -112). He
indicated he would like to see that signage is
predominately English.
Mr. Pflugrath referred C/Fong to E. Sign copy on page
III -112.
C/Goldenberg stated that signs may not be legally
restricted for aesthetic reasons. The legal basis for
the Health and Safety Ordinance and Development Code
should be indicated.
Mr. Pflugrath indicated he will
'speak
with
CA/Jenkins
regarding this matter and advise
the Commission.
Chair/Ruzicka confirmed to Mr. Pflugrath
that
if there is
no legal conflict, the Commission wishes a 50 percent or
more English reference contained within the code.
VC/Schad requested that Item 6. under D. Illumination'of
signs indicate "Par type lamps are safe for exterior
use".
SP/Johnson indicated that DCM/DeStefano recommended all
Development Code defi.ii_tions be placed in Article VII for
consistency.
Following discussion, the Commission concurred to place
the Development Code definitions within Chapter VII.'
C/Goldenberg suggested that A. Permanent signs with no
size limitation be changed to "A. Permanent signs without
specific size limitation under Exemptions From Sign
Permits on Page III -113.
Mr. Pflugrath responded to C/McManus that B. Permanent
signs limited by maximum size 6. on Page III -114 should
include "in area" in the last sentence so that it reads:
"These signs shall not exceed four square feet in area
and five feet in height; and".
C/McManus asked for a definition of "Pole -mounted signs"`''`
within Article VII (See N. on Page III -118).
AUGUST 19, 1997 PAGE 7 r, PLANNING COMMISSION
Mr. Pflugrath responded to C/Goldenberg that W. on Page
III -118 refers to commercial. Residential lighting can
be included in Property Maintenance - Single or multiple
family residential. He indicated he will confer with the
City Attorney regarding this matter.
C/McManus asked that "except those classified as seasonal
decorations" be stricken from the last sentence of B.
Amortization 1. Temporary signs a. 90 days so that the
sentence reads: "Paper, cloth and cardboard signs,
banners, balloons, flags, bunting, portable signs,
moving, flashing and scintillating signs, and other
similar signs."
C/Goldenberg suggested that B. Freestanding signs be
changed to read: B. Freestanding monument signs on Page
III -120.
An extensive discussion was conducted with respect to
Item d. under 2. Temporary advertising/promotional signs
and devices and the need for increased enforcement.
Mr. Pflugrath recommended that staff's report to the City
Council include enforcement concerns expressed by
Commissioners.
VC/Schad recommended that Prohibited Signs include tree
mounted signs (See Pages III -118 and 119).
C/Goldenberg requested that the size of letters and
numbers be included in Table 3-X SIGN STANDARDS BY ZONING
DISTRICT on Page III -125.
Mr. Pflugrath recommended this information be included on
Page III -114 under B. Permanent signs limited by maximum
size 1 with reference to the Code section.
Mr. Pflugrath responded to Mr. Clute that he believes
that regulation of temporary signage could result in a
code enforcement nightmare. In his opinion, the code
should address permanent signage. He explained that
there are two provisions for signage: overall building
sign area based upon two square feet per lineal front
footage of the building and window signs no more than 25
percent of the total window area..
Mr. Pflugrath indicated to Mr. Clute that curb painting
is regulated by the City's Public Works Department.
SP/Johnson explained the City's Temporary Sign process to
Mr. Clute.
Chair/Ruzicka explained to Mr. VanWinkle that the
Commission's objective is to author a uniform development
AUGUST 19, 1997 PAGE 8 PLANNING COMMISSION
code of which the City can be proud. Issues of specific
problems and their enforcement are not being discussed
tonight because it is not tonight's goal. As a result of
discussion, potential problems are brought to the
attention of the staff for ,further consideration.
l
Bob Zirbes suggested that 1 space for each 100 sq. ft. of
gross floor area be changed to "1 space for each 5Q qq.
ft. of floor area for' Restaurants, fast food in Table 3 -
XX on Page III -79 (middle of page).
Mr. Pflugrath indicated that Mr. Zirbes' recommendation
would be at the low end of the scale.
Mr. Zirbes recommended that Table 3 -XX Minimum Parking
Stall and Lot Dimensions be changed to indicate a length
of 22 feet including bumper overhang instead of 18 feet,
and that the width be increased to ,- or IQ feet, for
parking lots that experience frequent turnover and not
for office building parking lots.
SP/Johnson responded to Mr. Zirbes that the
recommendation is a compromise to incorporate the
elimination of compact parking spaces within the City.
In addition, the intent of the provision is to avoid non-
conformity in creating additional spaces within an
existing parking lot.
Mr. Zirbes, referring to Item G. Maintenance of common
areas 3., suggested including common language to require
the developer to ,assist homeowners to form their own
association upon completion or sale of a -certain number
of units.
Mr. Zirbes recommended that language be included in the
CC&R's to address view obstructing vegetation.
Mr. Zirbes asked for a definition of "cons iderable":as
indicated in the first sentence of Public Nuisance under
Definitions on Page III -95. He said he believes "one
person" could be considerable and he indicated he would
like to recommend that "considerable" be stricken from
the sentence.
Mr. Pflugrath indicated he would consult the State Code
for language.
Mr. Zirbes asked that "exterior dilapidated conditions"
be defined (See C. Building maintenance on Page III -96
and other areas of the proposed code).
Mr. Pflugrath recommended that a general definition''be
included on Page III -95.
_.-u '4, .11 T :16l,
AUGUST 19, 1997 PAGE 9 PLANNING COMMISSION
C/Fong returned to the meeting at 10:15 p.m.
Mr. Zirbes recommended that "forces" be changed to
"personnel" in the fifth line of b. Removal of the
dangerous condition(s) so that the line reads:
"...isolate the dangerous condition(s), with the use of
City personnel or a contractor retained..."
Mr. Zirbes asked for discussion of "Garage Sale" within
the code.
Mr. Pflugrath recommended the addition of f. Garage sale
signs with notation for permitted size, hours and
placement under C. Temporary signs limited by size and
period of display on Page III -115.
Mr. Zirbes stated that future City Councils may chose to
be proactive. The Commission needs to provide the
Council with appropriate codes and language to allow
enforcement.
PLANNING COMMISSION ITEMS:
INFORMATIONAL ITEMS:
SCHEDULE OF FUTURE EVENTS:
As preGented in the agenda.
ADJOURNMENT:
There being no further business to come before the Planning
Commission, Chair/Ruzicka adjourned the meeting at 10:40 p.m. to
6:00 p.m. August 26, 1997 in the South Coast Air Quality Management
Auditorium.
Attest:
i Jpe Ru'icka
Chairma
Respectfully Submitted,
Catherine Johnson
Acting Secretary