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HomeMy WebLinkAbout6/10/2003MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 10, 2003 CALL TO ORDER: Chairman Tye called the meeting to order at 7:05 p.m. in the South Cow t AirQ ality Management/Govemment Center Auditorium, 21865 East Copley Drive, Diamond ar, Calif rnia 91765. PLEDGE OF ALLEGIANCE: Commissioner Nelson led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Steve Tye; Vice Chairman Dan Nolan; andommissi Steve Nelson; Joe Ruzicka and Jack Tanaka. Also present: James DeStefano, Deputy City Manager; Ann Lu u, Assa Planner; Linda Smith, Development Services Assistant; and S Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offe. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 41 Approval of May 27, 2003, regular meeting minutes C/Ruzicka moved, C/Tanaka seconded, to approve the May 27, 2003, minutes as presented. Without objection, the motion was so ordered with VC/Nol an abstain ng. 5. OLD BUSINESS: None b. NEW BUSINESS: 6.1 Review of Fiscal year 2002-03 capital Improvement Program (CIP) ror Conformity with the City's General Plan. DCM/DeStefano presented staff's report. Staff recommends Planning Commiss on approval of a resolution finding that the FY 2003/04 Capital Improvern t Pr ogr is in conformance with the City's General Plan. June 10, 2003 Page 2 PLANNING COMMISSION C/Ruzicka asked if the CIP included seven new traffic lights for Diamond Bar as listed in the Traffic Management Safety Projects portion of the report. DCM/DeStefano reported that three new traffic signals would be installed: Brea Canyon Cutoff at the SR 57, Pathfinder at the Diamond Bar High School entrance and Pathfinder at Peaceful Hills. The other traffic signs listed in the report are included for left turn phase additions. VC/Nolan asked how the 2002/03 budget compared to the 2003104 in terms of total dollars and would this dollar amount be typical of the annual CIP budget? DCM/DeStefano responded that the 2002103 budget was more than twice the 2003104 budget because it included the Community/Senior Center project, a $12-13 million project. Excluding the Community/Senior Center project, the types of projects were very similar in FY 2002103. VC/Nolan asked if there was a percentage of the general fund or a percentage of the total budget that was considered "safe" for CIP expenditures, or is the amount tied to special projects. DCM/DeStefano was not aware of specific percentages set aside by cities for infrastructure. It is a matter of how much a City can afford during a particular year and where the City would get the resources. In this case a good percentage of the resources come from other funding sources — state propositions and reallocation of a major federal transportation grant. VC/Nolan asked how much of this year's budget are rollover items? DCM/DeStefano responded that the ** items and * items are rollover items — street improvement projects (Prospectors Road, Grand Avenue and Walnut Drive) and some of the left turn signal improvement projects. Some of the work has commenced. For instance, the slurry seal area #5 project is going to be awarded on June 17. The project will not commence until next year. Additionally, there are items that do not need to be on the list but are carryovers such as the two Pantera picnic shelters and the Community/Senior Center project currently under construction. Chair/Tye said that if the City cut Capital Improvements by $1 million would it accomplish the Mayor's objective? r- June 10, 2003 Page 3 PLANNING DCM/DeStefano said that the Council asked staff to find $1 million of general fund money. Capital Improvements are federal grant money and woulc not affect the general fund. Chair/Tye asked if it was true that the City could save 25 percent or S percentthe million dollars and the City postponed the Grand Avenue beautifzcati it would ave the City $430,000 from the general fund. DCM/DeStefano confirmed Chair/Tye's summarization. The City Council finance subcommittee recommended to the balance of the City Council that those three projects — Prospectors Road, North Walnut Drive and the Washingtor Street cul-de- sac — be postponed until the City learns more about what the state is doing to Diamond Bar with its budget crisis. In addition, the City Council askcd staff to ind an additional $1 million from the general fund portion of the City's budget. Staff presented a total of $1,040,000 in proposed budget cut items to the Cil y Council this evening during their study session. Council accepted all but $35,00. One ol the delayed projects that affect the Planning Commission was a budget se -aside to do portions of the General Plan. DCM/DeStefano responded to Chair/Tye that most likely the City would lose the federal grant monies for other projects if the Grand Avenue beautification project vas put on hold. Generally, the City is required to match a certain percentage of g,ant funds. C/Ruzicka moved, C/Nelson seconded, to approve Resolution 2003-1 finding hat the FY 2003-04 Capital Improvement Program is in conformance w'th the Ciy's General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, VC/N Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 6.2 Discussion of Future Development Code Amendments. AssocP/Lungu and DCM/DeStefano presented staff's report. This is aT inforn item on the Development Review Process and conflicts within the codc. Staff to bring these items back to the Commission on June 24 or July S with tf e other Amendments. June 10, 2003 Page 4 PLANNING COMMISSION With regard to signs, C/Ruzicka said that he checked with other cities throughout the state. He was told that certain cities have these kinds of regulations. The basic premise that resulted from his conversations with representatives of other jurisdictions is that under the constitution, our rights as Americans include "freedom of speech." Not all speech is protected by the constitution at the same high level. Commercial speech is the least protected of all of our freedoms of speech. if the governing municipality (in this case Diamond Bar) provides a clearly stated nexus between the public's need for information and health and safety issues, and additional need for information on goods and services and other protections provided by the commercial sector, the City has a right (albeit an obligation) to reasonably regulate the amount of any language it wants in its signs. What if this City should confront a disaster? It has to have signs that people can go by and that safety officials (fire and police) can readily read — not just four -inch letters with generic terms. Could our City Attorney help us write a Development Code Amendment that would establish this nexus so that the City of Diamond Bar would be able to reasonably regulate commercial signs to a greater extent than what he is reading in the report. He has the highest regard for Diamond Bar's City Attorney and C/Ruzicka takes his advice seriously. But he has been asked about this issue numerous times over the past eight years. He wondered if there was more Diamond Bar could do. He's not interested in percentages. His point is where is Diamond Bar with respect to its right, responsibiliry and obligation to protect the public safety and public need. Is it possible to survey cities from across California (15 in northern California, 15 in central California and 15 in southern California) to see where they stand-in this matter? He would also like to see this matter agendized for a future Planning Commission meeting with the City Attorney in attendance. Perhaps together these individuals.can attempt to formulate an amendment to the Development Code. He hoped there was some way to meet with City Attorney's and also take care of the City's absolute needs and obligations with regard to signs, especially commercial signs. DCM/DeStefano said he would be happy to bring the City Attorney to a Planning Commission meeting. Whether or not this matter is "agendized" is something he would need to discuss with the City Attorney. This matter deals with 0 Amendment issues and the City Attorney would be very cautious about how the matter is discussed and concluded at a City Council level. DCMIDeStefano explained that a city within 20 miles of Diamond Bar has been the focus of this type of discussion because there is a very high Asian population and there are very few Asian oriented signs. That city is looked at as a city that has come up with rules that would prohibit the kinds of signs that people in the City are concerned about. Diamond Bar's City Attorney spent time discussing this matter with that city's attorney who basically said 1 �1 1 June 14, 2003 Page 5 PLANNING that the moment someone raises the issue, it's over — they have to ch nge their ecide. The only reason they have not already done so is because that business community has chosen to abide by the city's 50 year-old rules, but it is not constitutional. So, it is a matter of time before the old code is challenged. DCXMeStefanp said heA ould have the City Attorney look into the matter further and schedule his �ttendancl at a future Planning Commission meeting to discuss his findings. C/Ruzicka asked staff to accept his notes on this subject. C/Nelson asked if it would be appropriate to have a joint session with the ity Council and City Attorney on this matter. Can the size of the Engl sh letters n a sign be made such that a 50 percent mix could be achieved? DCM/DeStefano responded that CA/Jenkins should respond to C/Nels n's quest, ons. His impression was the CA/Jenkins thought that the minimum size f the En lish lettering could probably be increased. Presently it is at a minimum f 4 inche . In his opinion, if the standard had nothing to do with percentages it would be al the better since percentage is the driving force behind current caselaw. Chair/Tye thanked C/Ruzicka for sharing his opinion. Everyone realizes that one of the most precious freedoms in this country is the freedom of speech. This stret hes that boundary in his opinion, to say that the City cannot do something 3ecause o the I" Amendment right. He assumed that a California court ruled that it was unconstitutional. It could be the same 9a' Circuit members who said God could not be used in the Pledge of Allegiance. In six years on the Planning Corranission he has never heard from more people about a single issue than this issue. If this City is to do the will of the people, it takes the courage to rise above the fray and let the City be challenged. To C/Nelson's point, could the City have a code that said f a recept cle was two feet high, the minimum English letter size must be 12 inch e ? And, t ere must be a break between any other characters or verbiage and the begit ping of those characters of one or two inches. Where a sign is five feet, couldn't we say accordingly that an English letter size has to be a minimum of 30 inc es? DCM/DeStefano said his initial sense is that Chair/Tye's example could be imf Some signs at commercial entries advertising the major tenants are preti y big. S Ralph's in French taking up three feet of space and then seeing Ralp s in Er lettering, perhaps there is a way to get that English lettering larger. How we get is what needs to be sorted out. Perhaps it is based on public safety, width of t June 10, 2003 Page 6 PLANNING COMMISSION streets, traffic, obstructions, etc. Maybe the lower signs Diamond Bar desires would cause us to want to have larger lettering in English to make the transition from the roadway to the driveway even safer. Chair/Tye said he understood the restrictions on commercial businesses. He said he found it fascinating that a City Attorney that found it defensible to ban political signage and did not find it defensible to restrict signage? He did not see it as the City Attorney's position to tell Diamond Bar whether it was a good idea or a bad idea. He would rather hear from a person of authority "don't do that, but" — let us get input on what will work to accomplish what we want to accomplish. He pointed out that an example of a safety issue is one new business in the City. If a safety vehicle had to rely on signage instead of an address it would pass right by the business. In his opinion, this is clearly a health and safety issue that needs to be addressed. DCM/DeStefano reported that the City hired a prosecutor. One of his charges is to look at the existing codes in order to help the City understand whether they are current or whether conflicts exist. Staff learned that the City needed to improve the definition of an "inoperable" vehicle. When the City cites someone for an inoperable vehicle and when they fail to take action and the City removes their personal property, it is a very serious matter. The City has to make sure this process is being done correctly. Once the property has been removed and because it has been declared inoperable, the item is not to be returned to the owner, it is supposed to be destroyed. Therefore, the City must be very careful about the procedure. Once the language is determined, that portion of the Code will be brought to the Planning Commission for concurrence. Additionally, staff is looking to amend the code to decide when the City issues an infraction, when it issues a citation, when a misdemeanor charge is appropriate, etc. The Development Code and the Subdivision Code are two chapters of the overall Municipal Code. Enforcement is addressed in a couple of different areas. The prosecutor also discovered conflicts in those areas. 7. PUBLIC HEARINGS: None S. PLANNING COMMISSION COMMENTS: Chair/Tye asked if the Commission could be made aware of business projects approved by staff as informational items. DCM/DeStefano responded that CM/Lowry produces a memorandum for the City Council regarding activities and items of interest on a weekly basis. He contributes for all of the areas under his responsibility. With respect to planning, he could provide a brief heads -up on n June 10, 2003 Page 7 PLANNING CO items that may be forthcoming. It would not necessarily pick up on certain items if the ity was unaware it was an important land use or retailer. The City approved Cod Stone a out three months ago. Chair/Tye felt it was important to know what businesses were locating in Diamond 3ar. That particular business will energize the Country Hills Towne Center and it would be helpful to know about its existence. Chair/Tye stated that he enjoyed participating in the "Paint the Town" project last Saturday. 9. INFORMATIONAL ITEMS: DCM/DeStefano stated that businesses 1 ike Cold Sione are typical of businesses that can come into the City. Those businesses requird only an o er- the-counter permit. The things that the Planning Commissioners see on a listof projects are projects that are discretionary and would require a public hearing. For instance, a business could take over the entirety of Kmart, do tenant and sign improvements, etc. a id not req ire the Planning Commission's approval. He said he would forward to the Plan ing Commissioners his portion of the City Manager's memorandum to City Council . ou cil. 10. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before Commission, Chairman Tye adjourned the meeting at 8:00 p.m, Respectfully Submitted, James DeSt( Deputy City