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Home My WebLink About9/28/1999MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 28,1999 I i CALL TO ORDER: I Chairman Tye called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: I - Commissioner Kuo led the Pledge of Allegiance. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo, Joe McManus, and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, j Development Services Assistant, Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. 7 mi MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None p' APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 1. Minutes of September 14, 1999. C/Ruzicka moved, VC/Nelson seconded, to approve the minutes of September 14, 1999, as presented. Motion carried 5-0 by Roll Call vote. OLD BUSINESS: None NEW BUSINESS: 1. Citation Authoritv Ordinance: DCM/DeStefano presented staffs report and the proposed Code Enforcement Policy document. This matter is being presented to the Commission as an information item. The Commission's questions, comments and observations are welcomed. - C/Ruzicka asked how many cities in Los Angeles County have a Code Enforcement Policy. DCM/DeStefano stated that most likely at least 50 percent of cities incorporate this type of enforcement. All of the surrounding jurisdictions with the exception of Walnut utilize this tool. 7 _-771-11'717- 71-11'71w .F.�.� - 11 II i I SEPTEMBER 28, 1999 PAGE 2 y C/Ruzicka asked if Diamond Bar's document match other cities' documents in the approach to code enforcement. DCM/DeStefano indicated that the subcommittee looked at across section of other jurisdictions. Copies of their ordinances and administrative procedures were reviewed and considered in the process. G�Iendora's and La Puente's documents most closely resembled the subcommittee's intent for Diamond Bar's do�ument. The proposed document is a compilation of those documents and is primarily reflective of Santa Clarita's Civil Citation Procedure. C/Ruzicka asked if the City anticipates an increased workload and a staff increase. DCM/DeStefano stated that workload generated will result from the priorities determined by the City Council. At the present time, there are no plans to increase staff. However, if the Council wants staff to focus on a wide variety of issues, an increase of staff or contract assistance through one lof the city's consultants may be necessary. C/Ruzicka asked who would serve as hearing officers. DCM/DeStefano stated that the way the draft has been prepared indicates that the hearing officer is actually the Planning Commission. In some cities, the hearing officer is a senior staff member, in some cities the hearing officer is someone in administration, and in some cities the Planning Commission serves as the hearing -7 officer. Some cities hire or appoint an outside person to serve that purpose. A recent Supreme Court cas�. ,f deals with this issue. Someone was cited for a particular issue and the hearing officer was a member of the' -- senior staff. The issue was whether or not there was a fair hearing because the office was a member of staff making a decision regarding a citation issued by the city. It is being suggested by the City Attorney that the hearing officer be someone outside the scope of the normal city structure. C/McManus asked if the City Attorney suggested that an appointee would not be perceived to be biased. DCM/DeStefano stated that they felt it was a safer approach than using a staff person or the Planning Commission. Chair/Tye asked what method the City of Walnut uses in place of a Code Enforcement Policy that is effective for the community. DCM/DeStefano responded that Walnut uses a process similar to what has been used by Diamond Bar for the last 10 years. They make initial contact with the alleged violator and write a letter outlining the alleged problems. If remedy is not forthcoming within a specified amount of time, they write a second letter that basically states that if the matter is not resolved the city will see the violator in court. If the matter is not resolved, it is turned over to the district attorney. A deputy district attorney is assigned to the case. An office conference is held during which the violator is told that if the matter is not resolved within a specified period of time, the next meeting will be before a judge. This process is effective but lengthier than the .l process that would be administered through this proposal. C/Kuo asked what qualifications are necessary in order for the Code Enforcement Officer to write a citation. SEPTEMBER 28, 1999 PAGE.,3,, DCM/DeStefano stated that in order to write a citation, there must be specific training through the Police Officers Standards in Training (POST) in accordance with Section 836.5 of the Penal Code. Anyone authorized by the City Manager who has passed specific training may issue citations. All police officers receive the POST training as a matter of training to become a police officer. Presently, the volunteer patrol jis not authorized to issue citations. The matter is under consideration by the Sheriffs Department to expand their scope of duties. C/Kuo asked if a dismissal resulting from an error or subjective judgement (the last paragraph of Section 2.10) might cause a problem for the city. DCM/DeStefano stated that this section deals with error in duplication of citations and subsequent dismissal. C/Ruzicka said that his understanding of this section is that each case is judged on its own merits and will have no precedent as to how a similar case might be judged. DCM/DeStefano stated that this is a fair assumption and is the way in which cases are handled at this time. Each case is considered on an individual basis. CONTINUED PUBLIC HEARING: None PUBLIC HEARING: None PLANNING COMMISSION COMMENTS: VC/Nelson shared with the Commission an article regarding Eucalyptus trees and how invasive they are. INFORMATIONAL ITEMS: 1. Development Code Amendments - Status Report: AssocP/Lungu presented a status update regarding potential Development Code amendments. Under consideration are the following items: Zoning Code Matrix consistency with the General Plan; setbacks for swimming pools and spas consistency; restrictions on non -conforming structures with respect to small patio covers and small additions - the new code does not allow for these items to follow the development line of the existing home as has been the case in the past; Subdivision Ordinance needs to provide for allowing the City's Engineer to make changes to a Tentative Map or conditions; rear setbacks for the RL and RLM Zone are 15 feet and the intent was that they be 20 feet; the sale of alcohol for off-site consumption in connection with the sale of motor fuel is permitted straight across the board in the matrix and staff is considering incorporating Conditional Use Permit requirements for this type of activity on the Review Authority Table. Planned Sign Program has been replaced with Comprehensive Sign Program (housekeeping); lot coverage - consideration of reducing the 40 percent lot coverage - staff has encountered problems with applicants wishing to cover the entire lot; current code allowance for a 500 square foot guest house which may be approved by the director and anything exceeding 501 square feet requiring a Minor Conditional Use Permit and the ratio of parking to the addition of a guest house - staff has encountered a number of situations involving applicants who wish to build 3,000 and 4,000 1 square foot guest houses which is similar to a second residence. She indicated that these items are currently under consideration as priority items. SEPTEMBER 28, 1999 PAGE 4 2. Housing Element - Status Report: DCM/DeStefano presented staffs report. 3. Public Hearing dates for future projects - as submitted. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: C/Ruzicka moved, C/McManus seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 8:02 p.m. Respectfully Submitted, J es DeStefano Deputy City Manager Attest: Steve ye Chairman Led