HomeMy WebLinkAbout03/25/1996MARCH 25, 1996
7:00 P.M.
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar; California
Charrman
Vice Chairman
Commissioner
Commissioner
Commissioner
Mike Goldenberg
Joseph Ruzicka
Franklin Fong
Joe McManus
Don Schad
Copies of staff reports or other written documentation relating to agenda items are on file in the Community
Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection.
If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the
City of Diamond Bar requires that any person in need of any type of special equipment, assistance or
accomodation(s) in order to communicate at a City public meeting must inform the Community
Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or drinking
in the Auditorium
The City of Diamond Bar uses recycled paper
and encourages you to do the same.
CITY OF DIAMOND BAR
FANNING COMMISSION AGENDA
Monday, March 25, 1996
Next Resolution No. 96-2
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Mike Goldenberg, Vice Chairman Joe
Ruzicka, Franklin Fong, Joe McManus and Don Schad
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the Planning
Commission on any item that is within their jurisdiction, allowing the public an opportunity to
speak on non-public hearing and non -agenda items. Please complete aSpeaker's Card for the
recording Secretary (Completion of this form is voluntary). There is a five minute maximum
time limit when addressing the Planning Commission.
3. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are approved
by a single motion. Consent calendar items may be. removed from the agenda by request of
the Commission only:
3.1 Minutes of March 11, 1996
4. OLD BUSINESS: None
5. NEW BUSINESS:
5.1 Discussion of meeting day and time
5.2 Discussion of ex -officio youth members on City commissions.
7. PUBLIC HEARING: None
8. PLANNING COMMISSION ITEMS:
9. INFORMATIONAL ITEMS:
9.1 Code Enforcement Update
° Gate in right-of-way on Sunbright Drive
° Signs at Emerald Point Apartments
9.2 Morning Sun Landslide
9.3 Presentation of Request For Proposal for Comprehensive Development Code:
10. ADJOURNMENT: April 8, 1996
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MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MARCH 11, 1996
CALLTO ORDER:
Vice Chairman Schad called the .meeting to order at 7:05 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 Vice Chairman
Schad.
ROLL CALL:
Present: Vice chairman Schad, commissioners Fong,
Goldenberg, McManus, and Ruzicka.
Also Present: Community Development Director James
DeStef ano; Senior Planner Catherine Johnson;
Assistant 'Planner Ann Lungu, and Recording
Secretary Carol Dennis. ,
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of February 26, 1996.
c/McManus requested the first word in line three of Page
2 be corrected to "one" instead of once. C/Fong made a
motion, seconded by VC/Schad to approve the, minutes as
corrected. Themotionwas approved with the following
roll call:
AYES I : COMMISSIONERS: Fong, VC/Schad
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Goldenberg, McManus,
Ruzicka
ABSENT: COMMISSIONERS: None
ANNUAL REORGANIZATION OF THE PLANNING COMMISSION:
CDD/DeStefano stated that according to the City's Ordinance,
the Planning Commission is required to reorganize and select
a Chairman and Vice Chairman from the membership the first
week of March of each year.
CDD/DeSt.efano declared the nominationsopen for Chairman of
the Planning commission.
C/McManus nominated C/Goldenberg for Chairman. The nomination
was seconded by C/Ruzicka.
VC/Schad nominated C/Fong for Chairman. The nomination died
for lack of a second.
March 11, 1996 Page 2. Planning commission
CDD/DeStefano closed the nomination for Chairman to serve from
March, 1996 through February, 1997.
C/Goldenberg was elected Chairman of the Planning Commission
with the following roll call:
AYES: COMMISSIONERS: McManus, Ruzicka, Fong,
VC/Schad, Goldenberg
NOES: COMMISSIONERS: None
ABSTAIN: coMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Chair/ Goldenberg thanked the Commissioners and stated he will
do everything possible to conduct the meetings in an orderly
and expeditious manner. He thanked the two new members of the
Planning commission for their vote and especially thanked
VC/Schad and C/Fong for their support.
Chair/Goldenberg declared the nominations open for Vice
Chairman of the Planning commission.
VC/Schad nominated C/Fohg for Vice Chairman of the Planning
Commission..
C/McManus nominated C/Ruzicka for Vice Chairman. The
nomination was seconded by C/Ruzicka.
Chair/ Goldenberg declared the nominations closed and asked for
a roll call vote:
The roll call vote for C/Fong to serve as Vice Chairman of the
Planning commission is as follows:
AYES: COMMISSIONERS: VC/Schad, Fong
NOES: COMMISSIONERS: Chair/Goldenberg,
McManus, Ruzicka
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Chair/Goldenberg requested a roll call vote for C/Ruzicka to
serve as Vice Chairman of the Planning Commission. The roll
call is as follows:
AYES: COMMISSIONERS: McMan.us, R u z i c k a,
Chair/Goldenberg
NOES: COMMISSIONERS: Fong, VC/Schad
ABSTAIN: COMMISSIONERS: None
ABSENT:. COMMISSIONERS: None
OLD BUSINESS - None
March 11, 1996 Page 3 Planning Commission
NEW BUSINESS:
CDD/DeStefano stated this is the first meeting of the newly
appointed Planning commission. He welcomed the new members
and indicated he looks forward to working with the
Commissioners over the next couple of years on a number of
projects that are before the City and will be before the
Commission. He introduced the City's Community Development
Department staff members, both present and not present. He
presented a City organizational chart to the commissioners and
explained the responsibilities and reporting order for each of
the departments.
CDD/DeStefano stated that whether the Adopted General Plan or
the initiative is approved, both call for the adoption of a
Development Code which will incorporate zoning, subdivision
and other related regulations. The Planning commission will
be involved In the creation of this Development Code.
CDD/DeStefano further stated that the Planning Commission has
an enormous responsibility in determining and shaping the
future physical environment of the City. Projects that are
currently under construction are probably the result of
decisions the Planning commission made two or three years -ago.
It takes approximately one year for major projects to complete
the development process. From that time, it is usually an
additional year before the project breaks ground. He cited
several projects and explained their review process. He
reiterated that the Planning commission* helps to shape the
City for many years to come and it is imperative that the
Commissioners be provided with sufficient information to make
the best possible decision for the City of Diamond Bar for
today and for.the future.
CDD/DeStefano reviewed the current City Attorney contract and
explained the fee for services policy for developers.
CDD/DeStefano presented the Planning commission Handbook to
the commissioners which was recently updated by City Attorney
Mike Jenkins. He stated the City Attorney has indicated his
concurrence with staff's desire to immediately schedule a
discussion of conflict of interest issues and Brown Act
issues.
VC/Ruzicka referred the commission to "Limitations on
Collecting Evidence outside the Hearing" and requested to know
the extent to which commissioners must document conversations
with the public outside the hearing process. CDD/DeStefano
responded to VC/Ruzicka that the purpose behind this section
of the handbook is to insure that the decisions of the
Planning commissioners are made in an open public forum and
not been reached prior to arrival at and conclusion of a
public hearing. In addition, it is vitally important to the
March 11, 1996 Page 4 Planning Commission
Commission to insure that
members of the public are
this concern could be a
Attorney.
any contact with the applicant and
acknowledged publicly. He suggested
topic of discussion with the City
VC/Ruzicka stated he would be more comfortable with the staff
and the City Attorney sitting in the front row facing the
Commissioners rather than on the dais. He indicated he would
like to consider a different meeting night for the Planning
Commission and requested that the item be put on the agenda
for the next meeting. -
CDD/DeStefano responded to C/McManus that Diamond Bar is not
a Charter City. As projects warrant, the Planning Commission
packets will be reviewed by the City Engineer and/or the City
Attorney prior to delivery to the Commissioners.
CDD/DeStefano stated an updated Planning commission Handbook
is being prepared for adoption by the Planning commission. He
requested the commissioners provide him with a list of, any
items they wished to agendize for future meetings.
CDD/DeStefano explained the matrix of pending projects.
CDD/DeStefano stated a new League Handbook. will be
distributed to the commissioners upon receipt by the City. He
stated the city will provide copies ofthe following
publications to the new commissioners: "A Guide to California
Planning" by *Bill Fulton and "The Job of the Planning
Commissioner" by Albert Solnit.
C/Shad responded to Chair/ Goldenberg that, in his opinion, it
is imperative that each Commissioner review each project in
detail and include a visit to the site.
C/Fong responded to Chair/ Goldenberg that it is best to be
prepared to discuss projects at the Planning commission level
by studying the project in depth and visiting the project
site. He stated he has formed an opinion in advance of the
public hearing only to arrive at the Planning Commission
meeting and be. presented with issues he had not previously
considered. He indicated he hopes that all of the current
commissioners can work together and learn from one another in
order to make,a good decision for the City. He stated he
would like to see the Commissioners be sensitive to the needs
and desires of the citizens.
CDD/DeStefano responded to C/McManus that the proposed car
wash is a small automated car wash to be located between the
existing Shell gas station and the SR 57 at Diamond Bar
Boulevard and Brea Canyon Road.
PUBLIC HEARING - None
March 11, 1996 Page 5 Planning Commission
PLANNING COMMISSION ITEMS:
CDD/DeStefano responded to Chair/Goldenberg that any
Commissioner who wishes to attend the CCCA Workshop should
notify Administrative Secretary Marilyn Ortiz.
INFORMATION ITEMS:
CDD/DeStefano stated he held three public hearings and
approved the construction of two new homes within the JCC
project, and an addition to an existing home within "The
Country Estates" under his authority as a hearing officer for
the Development Review ordinance adopted by the City.
CDD/DeStefano reminded the Commissioners that a debate of the
Initiative will be conducted by the League of Women Voters. -
He stated the event will be televised and repeated twice prior
to the eledtion on March•26, 1996.
CDD/DeStefano stated he looks forward to all of the
Commissioners attending the Planning Commissioners Institute
next week.
SP/Johnsonresponded to C/Fong that Code Enforcement officer
Flores contacted the property owners of the apartment complex
across from the Country Hills Towne Center on the corner of
Cold Springs Lane and-Diamond,Bar Boulevard to advise them
what signage is permitted by the City. The current signs will
be removed and the city will work with the property owner to
insure compliance for proper signage.
CDD/DeStefano responded to C/Fong that the City continues to
work with Walnut Valley Unified School District with respect
to the landslide on Morning Sun Avenue. The property owners
have been working with Los Angeles County to insure that both
the City and the County receive the proper response regarding
their responsibility to see that no public or private property
is damaged as a result of the landslide and earth movement,
and to see that the issue is concluded. In order to conclude
the matter, additional significant earth movement is required.
The City continues to monitor the progress on a daily basis.
CDD/DeStefano responded to C/Fong that in response to Craig
Clute's concern, Code Enforcement officer Flores visited the
property owner on.Sunb'right Drive and advised him that the
gate that swings outward into the public area must be reversed
so that it swings inward. The work should be completed prior
to the next Planning Commission meeting.
ANNOUNCEMENTS -None
-March 11, 1996 Page 6 Planning commission
ADJOURNMENT:
C/McManus made a motion, seconded by VC/Ruzicka to adjourn the
meeting. There being no objections, the motion was so
ordered. Chairman Goldenberg declared the meeting adjourned
at 8:40 p.m.
Respectfully Submitted,
James DeStefano
Community Development Director
Attest:
Michael Goldenberg
Chairman
INTEROFFICE MEMORANDUM
TO: Chairman and Planning commissioners
FROM: Ann J. Lungu, Assistant Planner
SUBJECT: Changing the Planning Commission's meeting
schedule
DATE.: March 19, 1996
Currently, the Planning commission's established regular meeting
day and time is the second and fourth Monday of each month at 7:00
p.m. The Planning Commission adopted this schedule on January 24,
1990.
At the previous meeting, the Planning Commission expressed a
desire to consider changing the regular meeting schedule. After
researching this matter and based on City ordinance and State law,
staff concluded that the Commission may change the place, day, and
time of regular meetings. However, city council ordinance No. 25
(1989) establishing the Planning commission, requires that the
Commission hold regular meetings at least once a month and other
meetings at such additional times as deemed necessary. The
California Government Code Section 54954 requires the Planning
commission provide, by resolution, the place, day and time of
regular meetings.
Presently, the Commission utilizes South Coast Air Quality
Management District's (SCAQMD) Auditorium. Staff is waiting for
SCAQMD's response regarding the Auditorium's and Board Room's
availability. This information will be available at the next
meeting for the Commission's consideration.
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: Catherine Johnson, Senior Planner G J
SUBJECT: Ex -Officio Youth Members on City Commissions
DATE: March 21, 1996
At the January 16, 1996 City Council meeting, a discussion occurred concerning the
appointment of an ex -officio youth member to the Planning, Parks and Recreation and
Traffic and Transportation Commissions. The City Council requested that the Planning
Commission become aware and discuss the appointment of an ex -officio youth member
to the Commission.
At the Planning Commission meeting of January 22, 1996 this issue was discussed. A
synopsis of this discussion is included in the attached memo to the City Manager dated
February 13, 1996. The minutes of the January 22, 1996 meeting are also attached.
It is requested that the Planning Commission revisit this issue and make a report to the
Council.
attachments: Memo to City Manager, February 13, 1996
Minutes of January 22, 1996 Planning Commission
t
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Terry Belanger, City Manager .
FROM: Catherine Johnson, Senior Planner
SUBJECT: Ex -Officio Youth Members on City Commissions
DATE: February 13, 1996
At the Planning Commission meeting of January 22, 1996, under New Business, the
appointment of ex -officio youth members to City commissions . was discussed. Opinions
both for and against a youth member were expressed, although there was no consensus
of opinion reached and no recommendation presented.
The City Council placed this item on its Tuesday, January 16, 1996 agenda. The
proponent of this issue is concerned about the multi-culturalism, multi -ethnicity and
varying age groups within the City. According to the proponent, youth members on
City commissions would provide representation for an important segment of Diamond
Bar's diverse community.
The City Council proposed having one youth from each school serve on the Parks and
Recreation Commmission and the Traffic and Transportation Comimission. Council's
position is that a youth could participate on these Commissions without voting power.
Concerns were expressed about selecting a representative from one segement of the
population. It was stated that the Planning Commission should solicit input from all
citizens.
Opposition to having youth members on any commission was expressed, with a
Commissioner stating that he would like to encourage all citizens to attend Commission
and Council meetings and become involved in their City government.
Support .was expressd by a Commisioner who stated that many land use decisions are
based upon the goal of making a better community and environment for children. He
believes that generally, youth do not participate in governmental activities and therefore
it may be advisable to encourage participation in Planning Commission efforts because it
may encourage a future leader.
Chair Flamenbaum closed the discussion by stating that he would like to see a 100
percent increase in the Planning Commission to insure greater diversity and participation.
He. further stated that he is concerned that only one segment of the City's diverse
population is being considered for representation.
Minutes of the January 26, 1996 Planning Commission meeting are attached.
cc Jim DeStefano, Community Development Director
January . 22, 1996 Page 5 Planning Commissiolf
confirmed that Mr. Clute can make an appointment with the
City and review the plans.
Chair/Flamenbaum ' 'stated that the school district
landscaping has no bearing on L.A. cellular's project.
L.A. Cellular will be completing their landscaping
following construction.
AstP/Lungu responded that L.A. Cellular's planting
materials will be compatible with the school district's
planting materials. Mr. Chaput will review the L.A.
Cellular's landscape plans and forward them to the proper
person to insure coordination with the sprinkler system.
CDD/DeStefano stated that staff met with Mr. Chaput in
December to insure proper coordination between the
applicant, Walnut Valley School District and L.A.
Cellular. Copies of all material pertaining to the
project have been, and continue to be, forwarded to the
school district for their review and coordination.
VC/Schad made a motion, seconded by Chair/ Flamenbaum to.
approve conditional use Permit 93-7(2) Extension of. Time
for six months.
Chair/Flamenbaum stated he will not vote for an
additional time extension beyond this six month extension
if the applicant has not moved forward with the project
it good faith.
Without objection, the motion was so ordered.
NEW BUSINESS, Continued:
1. Discussion regarding the appointment of an Ex -officio
Youth Member to the Planning commission.
Chair/ Flamenbaum requested to know the purpose of an ex -
officio Youth Member for the Planning Commission.
VC/Schad stated the Walnut Valley School Board has
students who participate in an advisory/ informational
capacity. In his opinion, students would benefit from
learning how city government works. 'In addition, the
student may offer valuable input regarding proposed
projects.
Chair/Flamenbaum stated the school board deals in youth
related activities. The Planning Commission deals with
land use.
January 22, 1996 Page 6 Planning Commission
CDD/DeStef ano stated City Council placed this item on its
agenda Tuesday, January 16. The proponent of thisissue
is concerned with the multi -cultural, multi-ethnic, and
varying age groups of the. community. Specifically, the
youth are often referred to as the future of the
community. With respect to the commissions, it is
believed that the youth may provide a different
perspective and the future shape of Diamond Bar. The
City council indicated their desire to have one youth
from each school serve on the Parks and Recreation
Commission and the Traffic and Transportation commission.
Staff is not aware of any cities that have youth members
on the Planning Commission 'or the Traffic and
Transportation Commission. However, this does not mean
that the youth cannot serve on these Commissions in this
City. The view of the Council was that the youth could
participate on the commissions with no voting power.
VC/Schad requested to * know how the youth would be
selected to serve on the Commissions.
Chair/ Flamenbaum stated his concern about selecting from
one segment of the city's population. In his opinion,
the Planning Commission should solicit input from all
citizens.
Mayor Ansari stated the direction of the Council. was to
solicit input from all Commissions with the emphasis
toward acquiring an ex -of f icio Youth Member for the Parks
and Recreation Commission and the Traffic and
Transportation Commission. The ex -officio member would
not have the same voting rights as a regular Commission
.member, they would provide input only.
Mr. Clute stated he is opposed to youth members for all
Commissions. He further stated he would like to
encourage all citizens, including.the youth, to attend
Commission meetings and city council meetings and become
involved in their city government.
C/Meyer stated he does not envision an ex -officio other
than the Community Development Director sitting with the
Planning commission. However, he indicated he does not
have a problem with the designation of an ex -officio
Youth Member. Many land decis"ions are based upon making
a better community and environment for the children.
Generally, youth do not participate in governmental
activities. Therefore, it may be advisable to encourage
a youth -member to participate in the Planning Commission
efforts may encourage or create a leader and result in
the participation of more youths in city government. In
his opinion, the role of the member should be clearly
Jantary 22, 1996 Page 7 Planning Commission
defined, and participation of the member should be
encouraged.
Chair/ Flamenbaum stated he would like to see a 100
percent increase in the Planning Commission to insure
more diversity and greater participation. * He further
stated that he is concerned that only one segment of the
city's diverse population is being considered.
PLANNING COMMISSION ITEMS:
C/Meyer again requested a.copy of the Zoning ordinance under
which Diamond Bar operates.
CDD/DeStef ano stated that staff has be ' en directed to reproduce
copies of the existing County Code and all of the City's
amendments which have occurred since incorporation. He
indicated the document may be available for the February 12
Planning commission meeting.
CDD/DeStefano responded to C/Meyer that the city is in the
process of finalizing a Request for Proposal for the new
Development Code. The ballot -initiative, if approved by the
voters, asks for a conforming -Zoning Code to be developed
within six months of adoption. Therefore, the Development
Code Request for Proposal is greatly complicated because the
consultant will not know which document they are implementing
until March 26. , The plan is to issue the RFP1's based upon
both options.
VC/Schad stated he recently concluded a tour of the Three
Valleys Water Company in the Sacramento Delta area. He
reiterated that he would like to see all wiring in conduit in
the City. In addition, he recommends convection hot water
systems for all future residential construction. He further
stated that only one-half of one percent of the water on earth
,is fit for human' -consumption. He related the basis of the
ecological system in the area. He indicated that 75 percent
of the Los Angeles Basin water supply comes from the Delta.
Chair/ Flamenbaum stated he would like to have the City conduct
an alignment study for a possible alternate road to the new
high school.
CDD/DeStefano stated he will discuss the item with the -City
.Engineer and prepare a memorandum for the February 12 Planning
Commission meeting.
INFORMATION ITEMS:
CDD/DeStefano, stated the Planning Commissioners Institute is
scheduled for March 20 through March 22, 1996 at Long Beach.
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: Catherine Johnson, Senior Planner
SUBJECT: Code Enforcement Update
DATE: March 21, 1996
At the last Planning Commission meeting, additional information was requested regarding
the status of two code enforcement issues; a gate that was opening on to the City street
on Sunbright Drive, and illegal freestanding signs and banners at the Emerald Point
Apartments on Diamond Bar Blvd.
Regarding the gate; Al Flores, the City's Code Enforcement Officer, issued a Notice of
Violation on February 26, 1996. On March 20, 1996 Mr. Flores spoke with the
resident, and was informed that the swinging gate would be replaced by a sliding gate
which won't open on to the public street, by the end of the month.
The manager of the Emerald Point' Apartments was sent a Notice of Violation on
February 28, 1996. Since that time the banners and two illegal freestanding signs have
been removed.
TO: Chairman and Planning Commissioners
FROM: Catherine Johnson, Senior Planner G -S
SUBJECT: . Update on Morning Sun Landslide
DATE: March 21, 1996
At the February 6, 1996 City. Council meeting, the City Engineer, George Wentz
presented an update on the status of the Morning Sun landslide. According to Mr.
Wentz, the erosion control system for the School District's property has been inspected
and found to be stable. According to their engineer, the movement occurring on
Morning Sun Drive had nothing to do with their portion of the landslide.
Regarding the Patel property; according to the City Engineer, their representatives have
been advised of corrective measures needed to be taken related to their current erosion
control which has failed with water leakage onto Morning Sun Drive. At this time, the
City was waiting for information from Mr. Patel related to the remediation plan, costs
estimates and responses to questions by the City Engineer.
Recent information includes the City's consulting engineer, Leighton and Associates;
February 26, 1996 approval of the geology/soils report prepared for the Patel property
by his engineer. Further, in a letter dated March 6, 1996, Mr. Patel submitted revised
information and estimates to the City Engineer regarding the required remediation
measures.
attachments:. February 6, 1996 City Council minutes
FEBRUARY 6, 1996 PAGE 12
limiting trips will only affect people abusing the system.
C/Werner stated that he was opposed to the I.D. requirement. The cab.
service will help marketing of local hotels. Further, he objected to Prop A
funds being used for anything else but the dial-a'ride program. The
purchase of Prop A funds should be considered. He stated that he would
like to see this program opened up to everyone in the community. He also
stated that other kinds of rules should be developed.
C/Herrera would like to see the use of I.D. cards for a better way of
controlling who uses the program,and for what purpose. She suggested that.
before limiting rides per month, implementation of the program should be
phased and ride sharing should be encouraged.
M/Ansari moved, seconded by C/Herrera to begin an I.D. card requirement,
increase the budget amount to $182,000 and send back other concerns
mentioned for staff comment.
A substitute motion was offered by C/Harmony, seconded by C/Werner to
only approve the additional budget amount recommended by staff. With the
following Roll Call vote, the substitute motion failed:
AYES: COUNCIL MEMBERS - Harmony, Werner
NOES: COUNCIL MEMBERS.- Herrera, MPT/Huff, M/Ansari
ABSENT: COUNCIL MEMBERS - None
With the following Roll Call vote to the original motion carried:
AYES: COUNCIL MEMBERS - Herrera, Werner, MPT/Huff,
M/Ansari
NOES: COUNCIL MEMBERS - Harmony
ABSENT: COUNCIL MEMBERS - None
9.4 UPDATE ON MORNING SUN LANDSLIDE - CE/Wentz reported that, with
regard to the Walnut Valley Unified School District, the erosion control
system had been inspected and found to be stable.. The school district's
engineering firm advised that movement occurring on Morning Sun had
nothing to do with their portion of their landslide. With regard to the Pate , I
property, Patel representatives had been advised of corrective measures
-needed to be taken related to their current erosion control, which has failed
with water leakage onto Morning Sun. Work will start this week to -control
the erosion. The City is still waiting for information from Mr. iPatel related to
the remediation plan, cost estimates and responses to questions by the
City's geotechnical engineer.
M/Ansari asked how the City- can get this problem resolved in a reasonable
FEBRUARY 6, 1996 PAGE 13
time.
CE/Wentz stated that engineering staff will continue to place Mr. Patel on
notice.
CM/Belanger stated that both the School District and Mr. Patel have been
informed of their responsibilities to provide information to the City. The City
will continue to monitor the landslide.
CA/Jenkins stated that the school district should make the data reports
available to the City.
C/Werner asked if any properties are in danger with the current land
movement.
CE/Wentz stated that the only damage seen is on Morning Sun Avenue
itself. Without the current data from the school district, the City can only
project what is happening.
C/Werner suggested that the County write a letter to the school district
requesting the data reporting on land movement.
C/Harmony stated that the gopher hole has not yet been prepared and asked
if the city had taken any action with sand bags and plastic.
CE/Wentz advised that the gopher holes should be prepared this week so
that the water can drain toward the storm drain. Mr. Patel will be requested
to make his contractor available to correct any minor happenings on the
Patel property.
MPT/Huff asked if a Closed Session could be scheduled sooner than the
next meeting.
CA/Jenkins stated that there is no life or property threat and that a Closed
Session is appropriate in two weeks.
C/Werner requested that the City's geologist be present at the Closed
Session.
Council agreed to schedule a Closed Session on February 20, 1996. Staff
was directed to meet with the School District and the developers'
representatives.
10. NEW BUSINESS:
i 1 F'�
TO: Chairman and Planning Commissioners
FROM: Catherine Johnson, Senior Planner G'
5
SUBJECT: Request for Proposal for Comprehensive Development Code
DATE: Mareh 21, 1996
Attached for your information is the Request for Proposal (RFP) the Planning Division
has prepared for a comprehensive Development Code.
The City is currently operating under the Los Angeles County Code which was adopted
upon incorporation. The Council has determined that a new development code is
needed to implement the General Plan's goals and strategies and to insure that the
City's development standards and regulations are in compliance with the mandates of
current State law.
The RFP has been mailed to qualified consulting firms who will assist City staff in
preparing the new Development Code. The RFP identifies the major community
development and design issues to be addressed and outlines the prospective consulting
firm's required qualifications.
The creation of a new Development Code will be a collaborative effort between the
consultant, City staff, the Planning Commission, City Council and the public. It is
anticipated that this process will involve numerous public meetings once a firm has been
hired and a preparation schedule determined. The Planning Commission's input will be
an important part of. this process. Staff will provide updates on this project as they
occur.
REQUEST FOR PROPOSALS
The City of Diamond Bar is seeking proposals from qualified consulting firms to prepare a
comprehensive Development Code. The City's goal is a user friendly document consisting of
updated and expanded zoning, subdivision, and design standards with improved definitions,
standards and clarity, updated to reflect current law which will be responsive to the newly
adopted General Plan goals and policies.
I. PROTECT BACKGROUND
The City of Diamond Bar is located in the southeast corner of Los Angeles County, at
the intersection of Los Angeles, Orange and San Bernardino Counties. Situated at the
eastern end of the San Gabriel Valley, the .City is located at the junction of the 57 and
60 freeways. Characterized by rolling hills and valleys, Diamond Bar is well known
as a hillside residential community with outstanding views of natural slopes and
ridgelines.
The City of Diamond Bar began as "Rancho Los Nogales" after a Spanish land grant
in 1840 and at its height was one of the largest cattle and walnut ranches in Southern
California.. In 1956, the ranch was purchased by the Christiana Oil Corporation and
the Capital .Oil Company. Although conceived as one of the first master -planned
communities in the County, Diamond Bar has developed primarily as individual and
unrelated residential tracts, with minimal commercial and other non-residential land
uses. After developing under the jurisdiction ' of the County for nearly 30 years,
Diamond Bar incorporated in 1989.
The City is currently operating under the Los Angeles County Code which was
adopted upon incorporation. Since that time the City modified and. expanded this
Code to reflect local issues and the mandates of recent State legislation. This has
included a major revision to the Commercial Manufacturing Zone, and several
additions adopted as ordinances addressing development review, expanded sign
regulations, hillside management, congestion management, water efficient
landscaping, property maintenance and revised sideyard setback requirements.
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After a lengthy effort the City adopted a General Plan on July 25, 1995. The General
Plan establishes goals and strategies to implement the community's vision for its
future. This vision includes as its priorities the retention of the hillside community
character, the preservation of open space, the reduction of regional traffic impacts on
local streets, the promotion of viable commercial activity, * the provision of well-
maintained and attractive housing and the creation of a community environment which
nurtures social, cultural, religious, educational and recreational opportunities for its
citizens. As a result of this effort, it became apparent that the existing zoning code is
outdated and ill-suited to meet the City's needs in terms of the type and quality of
development that is the community's goal.
A comprehensive ' Development Code is required which can facilitate the
implementation of the General Plan's goals and strategies. It is envisioned that this
Code will include quality graphics, charts and tables to summarize and clarify
information, presented in a format that allows the integration of existing development
related policies and standards. The ultimate goal is the creation of a single
"development services" related volume which replaces all existing ordinances and
includes zoning and subdivision regulations,' development standards and design
guidelines.
Accordingly, the successful firm will need to demonstrate a variety of attributes,
including strong physical planning skills, a thorough knowledge of State law, strong
writing and graphic skills, experience and effectiveness in working with diverse
groups in the public arena and an intimate knowledge of land use, development
practices and design. It is anticipated that this will become a working partnership
between the consultant and the Community Development Department, including staff
from the Planning and Building and Safety Divisions and the Engineering Department.
H. SCOPE OF SERVICES
A. In order to be successful, the process of creating a comprehensive
Development Code must be a collaborative effort between the consultant, City
staff, legal staff, local decision makers and the community. To this end, it is
anticipated that the process will involve numerous public meetings with the
purpose of informing and guiding local decision makers and citizenry. A
public outreach program, utilizing the City's resources to advertise through
informational brochures, surveys and handouts, is planned to encourage and
promote public input and participation.
Using the existing zoning code as a starting point, it is the City's intent to
subdivide this process into manageable steps. It is the City's goal to adopt and
implement individual chapters of the code addressing specific topic areas such
as commercial and residential development, which will ultimately be integrated
into a single comprehensive volume. A program to achieve these ends might
be structured as follows:
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Phase I. Attend an initial Planning Commission meeting and present an
overview of the proposed Comprehensive Development Code and its
preparation process. Prepare informational handouts and surveys seeking
public input and participation., Review the existing zoning code for
compliance with State law, case laws, statutes, professional practices,
conformity with current standards including adopted ordinances and General
Plan goals and strategies. Prepare report including findings and
recommendations;
Phase II. Working with City staff, develop upgraded standards where needed
and create new standards where needed or desirable. It is anticipated that this
phase will entail public workshops with representatives of the development
community, Planning Commission and possibly City Council;
Phase M. Develop format, charts and graphics and prepare drafts of specific
chapters. Prepare environmental documentation, public hearing notices and
final drafts of completed chapters. Attend and present recommendations at
Planning Commission and City Council public hearings. Prepare draft
chapters as adopted. Note: there will be several public hearing during this
phase as individual chapters are adopted.
Phase IV. Prepare public hearing notices, final draft of completed document
and staff reports. Attend and present recommendations at Planning
Commission and City Council public hearings. Prepare final integrated draft
document as adopted.
B. The existing zoning code consists of two chapters, the Subdivision Code and
the Planning and Zoning Code. With regard to these two chapters, needs
identified to date include the following;
1. Subdivision Ordinance. Adopted in 1989 with no amendments to the
document, it needs to be updated for conformance with the State
Subdivision Map Act. Additionally, if necessary, the City's lot line
adjustment procedure and Certificate of Conformance procedures need
to be reviewed and updated; and
2. Zoning Ordinance. This chapter will essentially be replaced by the new
Development Code. The new code will need to address the following:
a. Home occupations;
b. Second dwelling units;
C. Expanded definitions;
d. Adoption of FAR's, lot coverage standards and applicable
density ranges;.
e. Revised parking standards;
f. Revised sign standards;
g. Standards for multi -'building projects;
h. Standards for rear yard encroachments;
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i. Temporary use permits;
j. Development standards for specific uses such as fast food
restaurants, car washes, gas stations, etc.;
k. Administration and appeals provisions;
1. Establishment of an overlay district or specific development
standards for the hillside residential development known as "The
Country;"
in. Establish residential wall and fencing standards for hillside areas
addressing grade differentials, retaining walls;
n. Revise administrative development review process to include
square footage thresholds allowing certain. residential
developments to be approved at the staff level;
o. Noise standards for all zones;
p Revise "administrative exceptions" section; and
q. Adult business regulations.
C. The Development Code, consisting of the two chapters previously cited, will
need to be integrated into the City's Municipal Code as Title 21 and 22.. In
addition, the City's desires include, in the same binder or format, other design
and development standards including but not limited to the following:
1. Slope density ordinance;
2. Landscaping standards;
3. Development security standards;
4. Tree Preservation Ordinance;
5. Satellite dishes, communication towers, antennas and other
communication devices;
6. Lighting standards for commercial, residential and industrial
development (ie. parking lots, tennis courts, security
lighting);
7. Businesses dispensing alcoholic beverages;
8. Design review standards for residential, commercial and
industrial land uses; and
9. Standards to implement the City's redevelopment philosophy.
D. The consultant will be responsible for the following:
1. Phase I report: findings and recommendations of review, ten (10)
copies;
2. Phase II and III reports: draft reports and recommended text and
graphics as prepared, for staff/workshop review, twenty copies (20)
copies;
3. Draft documents for public hearing purposes in three ring binder
format, fifty (50) copies.
4. Fifty (50) copies of replacement pages necessitated by changes
occurring as a result of the public hearing process, if any;
5. Final document to be provided in a format compatible with municipal
code publisher, City's electronic bulletin board and City's web page on
the Internet.
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M. QUALIFICATIONS
Consultants will be expected to demonstrate writing and graphic skills, a thorough
knowledge of State planning laws, the Subdivision Map Act, and professional
planning practices and procedures. The consultant may be requested to commit to in-
house availability by principal project personnel for regularly scheduled periods to be
negotiated.
IV. SUBMITTAL REQUIREMENTS
Proposals submitted in response to this RFP should be bound, and contain the
following minimum information:
A. Cover letter including name, address, and telephone number of the firm,
background information and the name of the contact person;
B. Names and qualifications of the project team that will be providing the
services, including resumes and qualifications of the assigned staff.;
C. Experience of the assigned team members with similar work;
D. Scope of services;
E. Proposed fee;
F. Proposed hourly billing for each project team member that would be assigned
and any expected additional expenditures.
G. Knowledge and understanding of applicable planning laws;
H. Demonstration of strong writing and graphic skills;
I. Firms capabilities relative to performing the required work within very
reasonable time frames;
J. At least three references for similar work; and
K. Schedule of required time line to complete the project.
V. SELECTION CRITERIA
Selection of the firm will be done on a competitive basis. An oral interview may be
required before a'review team which may include City staff and decision makers. In
reviewing and evaluating the response to this RFP, City staff will consider the
following:
A. Responsiveness and comprehensiveness of the proposal with respect to this
Request for Proposals (RFP);
B. Experience of the firm;
C. The project manager's related experience and project team's qualifications;
D. The project team's availability and ability to complete this project in a timely
manner;
E. Information obtained from references;
F. Proof of insurance as required in the City of Diamond Bar's standard
Consulting Services Agreement prior to entering into a contract; and
G. Reasonableness of the proposed fee.
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The criteria should not be construed so as to limit other considerations which
may become apparent during the review and selection process. The City
reserves the right to reject any or all proposals and may elect to make a
decision without further discussion or negotiation. This solicitation for
proposals is not to be construed as a contract of any kind. The City is not
liable for any cost or expenses incurred in the preparation of the proposal.
VI. POTENTIAL ALTERNATE SCENARIO
On March 26, 1996, "Measure D," will be before the voters at a special municipal
election. Measure D proposes the adoption of an alternate version of a general plan
for the City. It would repeal and replace the CitzVob, 6 4 gofieneral Plan. If this
measure passes, the City will need- a ;T Fai cede.which.+�flects the policies of
the new General Plan. This code must be completed wit9NOV- SE's° Odays as mandated by
the initiative In the event that Measure D is adopted, you will be mailed a
supplemental Request for Proposal, outlining the City's amended requirements on
March 27, 1996.
VII. SUBMISSION DEADLINE
Five (5) copies of the proposal should be submitted and received no later than 5:00
p.m. on April 15, 1996. Submit the proposal to the attention of:
James DeStefano, Community Development Director
City of Diamond Bar
21660 E. Copley Drive, Suite 190
Diamond Bar C� t� � � 1,7,
lot yink;m of bna
All Questions concernifi #t'►Yg�.k *196''i3 Td� Abe directed to Catherine Johnson
at (909) 396-5676.
Attachments: • City of Diamond Bar's General Plan adopted July 25, 1995
• General Plan Initiative, "Measure D"
• Consulting Services Agreement
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