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HomeMy WebLinkAbout11/22/2022PLANNING COMMISSION AGENDA ______________________________________________ Tuesday, November 22, 2022 6:30 PM THIS MEETING WILL BE CONDUCTED TELEPHONICALLY. MEMBERS OF THE PLANNING COMMISION AND CITY STAFF WILL BE PARTICIPATING VIA TELECONFERENCE, WHICH IS BEING RECORDED. YOU CAN PARTICIPATE IN THE MEETING BY VISITING: https://attende e.gotowebinar.com/register/2779668076766542859 Audio +1 (914) 614 -3221 - Attend ee Access Code: 474-001-713 _______________________________________________________________________ ______________________________________________________________________ How to Observe the Meeting From Home: Members of the public can observe the meeting by calling +1 (914) 614 -3221, Access Code: 474-001- 713 or visiting https://attendee.gotowebinar.com/register/2779668076766542859 . How to Submit Public Comment: The public may provide public comment by sending an email, or by logging into the teleconference. Please send email public comments to Planning@DiamondBarCA.gov by 5:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Planning Commission members and read into the record at the meeting, up to a maximum of five minutes. Alternatively, public comment may be submitted by logging onto the meeting through this link: https://attendee.gotowebinar.com /register/2779668076766542859 . Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. American Disability Act Accommodations: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Planning Commission Meeting, please contact the Community Development Office (909) 839-7030 within 72 hours of the meeting. Commission recordings will be available upon request the day following the Planning Commission Meeting. CHAIRPERSON RAYMOND WOLFE VICE CHAIRPERSON KENNETH MOK COMMISSIONER NAILA BARLAS COMMISSIONER MAHENDRA GARG COMMISSIONER WILLIAM RAWLINGS City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. The teleconference moderator will ask callers one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or commission consideration item, you will then be called upon to speak at that point in the agenda. As a general rule, the opportunity for public comments will take place at the discretion of the Chairperson. However, in order to facilitate the meeting, persons who are interested parties for an it em may be requested to give their presentation at the time the item is called on the calendar. The Chairperson may limit individual public input to five minutes on any item; or the Chairperson may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. When speaking, please direct your questions and comments to the Commission, not to staff or other members of the public. In accordance with State Law (Brown Act), all matter s to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Planning Commission, Recordings of Meetings (909) 839-7030 Email: info@diamondbarca.gov Website: www.diamondbarca.gov The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. This meeting will be conducted telephonically and Members of the Planning Commission and City staff will be participating via Teleconference. There will be no physical meeting location. CITY OF DIAMOND BAR PLANNING COMMISSION November 22, 2022 AGENDA Next Resolution No. 2022-20 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Naila Barlas, Mahendra Garg, William Rawlings, Kenneth Mok, Vice Chairperson, Raymond Wolfe, Chairperson 2. APPROVAL OF AGENDA: Chairperson 3. 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 its jurisdiction, allowing the public an opportunity to speak on non-public hearing and non-agenda items. Speakers are limited to five minutes. The teleconference moderator will ask callers one at a time to give their name. If you wish to speak on a public hearing item or commission consideration item, you will then be called upon to speak at that point in the agenda 4. 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 Planning Commission only: 4.1 Continued Use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State Open Meeting Laws. RECOMMENDATION: Approve. 5. OLD BUSINESS: None 6. NEW BUSINESS None: NOVEMBER 22, 2022 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): None 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 10. SCHEDULE OF FUTURE EVENTS: 11. ADJOURNMENT: THANKSGIVING DAY HOLIDAY: Thursday, November 24 and Friday, November 25, 2022 In observance of the holiday, City offices will be closed. City offices will re-open on Monday, November 28, 2022. CITY COUNCIL MEETING: Tuesday, December 6, 2022, 6:30 pm South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA PLANNING COMMISSION MEETING: Tuesday, December 13, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive, Diamond Bar, CA CITY COUNCIL MEETING: Tuesday, December 20, 2022, 6:30 pm South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA PLANNING COMMISSION MEETING: Tuesday, December 27, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive, Diamond Bar, CA PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 4.1 MEETING DATE: November 22, 2022 CASE/FILE NUMBER: Continued Use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State Open Meeting Laws. PROJECT LOCATION: Citywide SUBJECT: Continued use of teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State open meeting laws. BACKGROUND/ANALYSIS: The Ralph M. Brown Act (“Brown Act”) requires that all meetings of a legislative body of a local agency be open and public, that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings – with some exceptions as defined under the law. Due to the continued impact of the COVID-19 pandemic, the California Legislature passed Assembly Bill 361 (AB 361), which authorizes a local agency to use teleconferencing without complying with certain teleconferencing requirements impo sed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees. The Planning Commission utilized the provisions of AB 361 on October 25, 2022. In order to continue to have the ability to use the modified teleconferencing options, AB 361 requires that the Planning Commission re-affirm its findings every 30 days. Conditions under which AB 361 may be utilized continue to exist as described in the CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 4.1 Packet Pg. 5 Continued Use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State Open Meeting Laws. Page 2 of 2 attached Resolution (Attachment A). The provisions of AB 36 1 allowing the modified teleconferencing will expire January 1, 2024. RECOMMENDATION: Adopt the attached Resolution (Attachment A), providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Planning Commission. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2022-XX 4.1 Packet Pg. 6 RESOLUTION NO. 2022-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, MAKING SPECIFIED FINDINGS RELATING TO THE USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE PLANNING COMMISSION SUBJECT TO STATE OPEN MEETING LAWS. WHEREAS, on March 4, 2020, California Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic; WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor Newsom issued Executive Orders that required, among other things, residents of California to follow orders and guidance of local public health officials, including social distancing and masking requirements; WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public, that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings; WHEREAS, the Brown Act permits members of legislative bodies to teleconference into public meetings subject to certain conditions, including that the place from which the member teleconferences be open to the public , that an agenda be posted on the site, and that the teleconference location be noticed in the agenda; WHEREAS, in recognition that such public gatherings at such meetings could accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended, among others, these Brown Act teleconferencing requirements to provide local agencies with greater flexibility to hold meetings via teleconferencing safely; WHEREAS, pursuant to the Emergency Services Act (Government Code sections 8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City Council of the City of Diamond Bar has proclaimed the continued existence of a local emergency resulting from the COVID-19 pandemic; WHEREAS, as of September 30, 2021, the Governor’s Executive Order suspending the Brown Act’s teleconferencing requirements is set to expire; WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361), which authorizes a local agency to continue to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees; 4.1.a Packet Pg. 7 2 PC Resolution No. 2022-XX WHEREAS, both Los Angeles County and state health officials continue to recommend social distancing due to a recent increase in COVID-19 cases believe to be caused by the so- call Omicron Variant; WHEREAS, the Planning Commission must approve a Resolution reaffirming that the requirements set forth in AB 361 exist every 30 days in order to allow members of its legislative bodies to utilize the provisions of AB 361 when attending public meetings via teleconferencing; and WHEREAS, notwithstanding that the City’s legislative bodies, as defined by the Brown Act, are now holding modified public meetings in person, there may be situations in which a member of one of these legislative bodies decides not to attend in person due to a particular health or safety risk posed by such attendance and as such, it is the Planning Commission’s desire to permit members of the Planning Commission to attend by way of teleconference pursuant to AB 361 due to health and safety concerns associated with COVID-19. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Planning Commission of the City of Diamond Bar as follows: 1. That the above recitals are true and correct. and based thereon, that the spread and potential further spread of COVID-19 poses an imminent risk to the public health and safety. 2. That a state of emergency due to the COVID-19 pandemic continues to exist and at the time that this Resolution was adopted both Los Angeles County and State health officials are recommending social distancing to slow the spread of COVID-19. 3. That meeting in person may pose an imminent risk to the health and safety of some attendees, including members of the Planning Commission, who due to age, health conditions, or vaccination status, have a higher risk of contracting COVID-19 and are more likely to get severely ill and in some cases, die from COVID-19. 4. That during the effective period of this Resolution and any reaffirmation thereof, members of the Planning Commission may participate in meetings subject to the Brown Act by way of teleconference in accordance with AB 361. 5. That meetings shall be held in accordance with AB361 by, among other things, providing notice to the public how it can access the meeting and provide public comment, providing an opportunity for the public to attend via a call-in or an internet-based service option, conducing the meeting in a manner which protects the statutory and constitutional rights of the public, and stopping the meeting until public access is restored in the event of a service disruption. 4.1.a Packet Pg. 8 3 PC Resolution No. 2022-XX IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its adoption date and must be affirmed/acknowledged every 30 days by the Planning Commission of the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to apply to teleconferencing by members of the Planning Commission. APPROVED AND ADOPTED THIS _____________, 2022, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ Kenneth Mok, Vice Chairperson I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the __________, 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ______________________________________ Greg Gubman, Secretary 4.1.a Packet Pg. 9 CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR ) I, Stella Marquez, Administrative Coordinator for the City of Diamond Bar, CA, declare as follows: I hereby certify, under penalty of perjury under the laws of the State of California that on November 17, 20221 1 posted the November 22, 2022, Planning Commission Agenda, pursuant to Government Code Section 54950 et.seq. at the following locations: Diamond Bar City Hall, 21810 Copley Drive SCAQMD/Government Center, 21865 Copley Drive Heritage Park, 2900 Brea Canyon Road Diamond Bar Library, 21800 Copley Drive City website: www.diamondbarca.gov Executed on November 17. 2022. at Diamond Bar. California. Stella Marquez Community Development Dept, g:\\s\alTidavi�poati ng.doc