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HomeMy WebLinkAbout04/8/1996PLANNING COMMISSION AGENDA APRIL 8, 1996 7:00 P.M. South Coast Air Quality Management Auditorium 21865 East Copley Drive Diamond Bar, California Chairman Vice Chairman Commissioner Commissioner Commissioner District Mike Goldenberg Toseph %icngkao Toe 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 11 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 The City of Diamond Bar uses reeyc[ed paper in the Auditorium mss,• and encourages you to do the same. CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA Monday, April S, 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 a Speaker's Card for the recording Secretarnr (Completion of this form is voluntary). There is a five minute maximum ime 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 25, 1996 4. OLD BUSINESS: 4.1 Discussion of meeting day and time 5. NEW BUSINESS: 6. PUBLIC HEARING: None 7. PLANNING COMMISSION ITEMS: 8. INFORMATIONAL ITEMS: A. Update on Code Enforcement Issues • Emerald Point Apartments B. Traffic Study for Quail Sumit Dirve/Rolling Knoll Drive/Country View Drive C. Project Matrix 9. ADJOURNMENT: April 22, 1996 01 MINUTES 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 t) refered to the proponent's and multi -ethnicity and i City". He said he is not high school students wo perceived concerns, but tl concerned on the issue in all aware of the many ethn that makeup the City and w is this wide and varied mi out that constantiv referii tat under this heading of new actually being referred to old discussed by all of the tings. He stated that the .e Planning Commission packet =oncern 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 ict to multi -cultural and ethnic issues does nothing more than reinforce separatist 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 suggestion of ex -officio youth members attempts to do something positive, but it suggests doing it in the wrong arena. He believes if this is implemented, other cultural, ethnic and age groups will naturally want to be included as ex -officio members resulting in the development of Commissions that will become unwieldy and inefficient. VC/Ruzicka feels additional time spent on Commission work would be detrimental to high school student's performance 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. 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. March 25, 1996 Page 3 Planning 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 represent all of 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 March 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. 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 the motion 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. 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 for education 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. 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 -off icio 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 HEARING - 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. CDD/DeStefano stated the Chairman is correct that there is a 50o 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 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/Lungu 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. 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 be 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 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 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 has 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 Code. 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 Commission 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/Ruzicka 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 March 25, 1996 Page 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, James DeStefano Community Development Director Attest: Michael Goldenberg Chairman INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Assistant Planner SUBJECT: Altering the Planning Commission's meeting schedule DATE: April 3, 1996 As previously expressed at the March 25, 1996 Planning Commission meeting, the Commission desires to change their regular meeting day. The following is the availability schedule for South Coast Air Quality Management District's (SCAQMD) Auditorium: AUDITORIUM DATES OF AVAILABILITY DAY TIME From May, 1996 thru December, 1996 11 2nd & 4th Tuesday 7:00 p.m. - 11:00 P.M. According to SCAQMD, meeting schedules are prepared one year in advance. As such, this schedule is valid through December 1996. After considering the above schedule, the Planning Commission, by the attached resolution's adoption, may establish a new meeting schedule. Attachment: 1. Draft Resolution establishing the Planning Commission's meeting schedule PLANNING COMMISSION RESOLUTION NO. 96 -SS A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR ESTABLISHING THE PLACE, DAY, AND OF REGULAR PLANNING COMMISSION MEETINGS. A. Recitals 1. The California Government Code Section 54954 requires the Planning commission to ''establish the place, day, and time of regular Planning Commission meetings. 2. This Planning Commission desires to establish its meeting schedule in order to, maximize citizen participation concerning matters within the Commission's jurisdiction. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Regular meetings of the Planning Commission of the City of Diamond Bar shall bb held at South Coast Air Quality Management District Auditorium, 21685 E. Copley Drive, Diamond Bar, CA 91765, on the second and fourth Tuesdays of each month, at the hour of 7:00 p.m., unless the same shall be a legal holiday, in which event such regular meeting shall be held on the next regularly scheduled meeting date. APPROVED AND ADOPTED THIS THE 8TH DAY OF APRIL, 1996, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Mike Goldenberg, Chairman 1 I, James DeStefano, Planning Commission Secretary do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting by the Planning Commission of the City of Diamond Bar, held on the 8th day of April 1996: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefano, Secretary 2 INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Catherine Johnson, Senior Planner SUBJECT: Code Enforcement Update DATE: April 4, 1996 At the last Planning Commission meeting, Planning staff presented an update on the status of the illegal freestanding signs and banners at the Emerald Point Apartments on Diamond Bar Boulevard and a gate that was opening on to the City street on Sunbright Drive. The manager of the Emerald Point Apartments was sent a Notice of Violation on February 28, 1996. As reported at the March 25, 1996 meeting, the illegal freestanding signs have been removed, but the banners are still up. On February 28, 1996, the manager of the apartments was sent a notice of violation requesting removal of the illegal signs and banners. On April 2, 1996 a follow-up inspection was conducted and the banners were still in place. On April 3, 1996 Code Enforcement Officer, Al Flores spoke with the manager of the Emerald Point Apartments and again requested that the banners be removed. On April 3, 1996 a second notice of violation was mailed giving the apartment manager 10 days to remove the banners. On April 4, 1996 Mr. Flores conducted an inspection of the property on Sunbright Drive and determined that no progress had been made in converting the swinging gate into a sliding gate that doesn't encroach on the City right-of-way. The resident had verbally agreed to replace the gate by the end of March. The resident was left a phone message on April 3, 1996, which has not been returned. Mr. Flores will continue to follow-up on this case. INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Catherine Johnson, Senior Planner SUBJECT: Traffic Study for Quail Summit Drive/Rolling Knoll Drive/Country View Drive DATE: April 3, 1996 Concerns regarding cut -through traffic on Country View Drive and Rolling Knoll Drive at Grand Avenue first came to the Traffic and Transportation Commission's attention in late 1990. Area residents asked fro mitigation measures to curtail cut -through traffic because neighborhood streets were being utilize by motorist as an alternative route to avoid traffic at Diamond Bar Boulevard/Grand Avenue intersection. Since then the City Council has approved several different mitigation measures, including "No Right Turn 4-7 p.m. School Buses Exempt," signs and double -yellow centerline striping on Country View Drive, along with "25 Speed Limit," "Yield," and "Watch Downhill Speed" signs. Additionally, a traffic signal was installed on Rolling Knoll Drive at Grand Avenue and a "No Left Turn, 6-8 a.m. was installed to discourage morning commuters from utilizing this area as a cut -through route. Since these measures were implemented, the Public Works Department has received no major concerns/complaints related to cut -through traffic or the "No Right Turn, 4-7 p.m. Monday through Friday, School Buses Exempt" signs. However, in October of 1995, several Country View Drive residents attended a Traffic and Transportation Commission meeting and requested that Country View Drive be converted into a cul-de- sac. Prior to making a recommendation, the Commission requested that a comprehensive neighborhood traffic study be conducted. The City has retained the engineering firm of Austin -Foust Associates to collect traffic data, conduct an attitudinal survey, analyze the information and presents their recommendations to the City Council. The study will be completed in approximately 60-90 days. On March 18, 1996, the City sent out a questionnaire to residents within the project study area. generally located south of Grand Avenue and east of Diamond Bar Boulevard, seeking neighborhood resident's input regarding traffic problems. Austin Foust Associates will conduct a public workshop to receive neighborhood input and discuss their concerns regarding traffic on April 11, 1996. X File rev* by Q� on t and is ready for sunning File rev# d by on: L�ld and is is r destruction by City Cietrc