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HomeMy WebLinkAbout03/22/1997 Minutes - Town Hall MeetingCITY OF DIAMOND BAR TOWN HALL MEETING MARCH 22, 1997 COMPREHENSIVE DEVELOPMENT CODE CALL TO ORDER: Mayor Pro Tem Herrera called the meeting to order at 9:00 a.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiancewas led by Mayor Pro Tem Herrera. PRESENT: Council Members Ansari, Harmony, Werner, Mayor Pro Tem Herrera; Planning Commissioners Fong, Goldenberg, McManus, Vice Chairman Schad, Chairman Ruzicka. Mayor Huff was excused. Also present were: Terrence L. Belanger, City Manager; James DeStefano, Community Development Director; Catherine Johnson, Senior Planner; Ann Lungu, Assistant Planner; Susan Cole, Planning Technician; Marilyn Ortiz, Administrative Secretary; Lynda Burgess, City Clerk; Kellee Fritzal, Assistant to the City Manager, and Code Consultants Paul Crawford, AICP, Crawford Multari & Starr; Bruce Jacobson, Jacobson & Wack; and Ron Pflugrath, AICP, Urban Design Studio. 2. MPT/Herrera stated that Council and Planning Commissioners would receive a presentation of the proposed Development Code from City staff and code consultants. She explained that the City's General Plan is the set of blueprint drawings that guide future growth and development in the City through its goals and objectives. The Development Code may be seen as containing many of the tools necessary to implement the General Plan. D.B. has utilized L.A. County Planning and Zoning Codes since Incorporation. With the adoption of the General Plan, the City is now moving toward creation of its own set of Zoning and Development standards tailored to the specific needs and unique characteristics of the City. The purpose of the new Development Code is to not only implement the policies of the General Plan through classifying and regulating the uses of land and structures, but also to insure consistency with new State laws and regulations, to craft standards in keeping with modern development practices as well as community values. CDDIDeStefano introduced Bruce Jacobson, Paul Crawford and Ron Pflugrath, the City's code development consultants who represent about 75 years of cumulative experience in public and private sectors. The individual firms represented by the consultants have extensive experience in the preparation of Development Codes throughout the State. The Code will contain a combination of typical zoning regulations, subdivision regulations and design guidelines for the City. With the adoption of the General Plan, the City is required to produce a conforming document that is consistent with and implements the guidelines of, the General Plan. The Code will be specifically MARCH 22, 1997 PAGE 2 TOWN HALL MTG. tailored to meet the needs of D.B. while responding to current case law and legislation. The Code proposes to increase economic development opportunities by providing competitive standards and contemporary design approaches for D. B. It further proposes to conserve and retain the natural beauty of the City and improve and enhance its physical character. In addition, the Code is proposed to be a simple and easy to understand document. D.B. meets 12 of the 14 characteristics that the National American Planning Assn. lists as reasons for updating a Development Code. These include: 1) zoning regulations in conflict with other documents; 2) codes subject to different interpretations; 3) inconsistent administration; 4) excessive number of zoning districts (D.B. has 34 zoning districts - most cities have 12 to 20); 5) poor development quality; 6) standards not in keeping with modern development practices; 7) inconsistent writing styles; 8) archaic terms and legalese; 9) confusing language; 10) excessive reliance on outside references; 11) lack of clarity and clear understanding; and 12) the code is too voluminous. Ron Pflugrath stated that the Town Hall Meeting is the grass roots element of the democratic process. This is an opportunity for people to come together to share ideas and build consensus for content of the new _. Development Code. He reiterated that the Code implements the City's General Plan. He emphasized that his firm's role is to assist the City in composing its Development Code. Paul Crawford reported that the consultants deal with development codes on the basis of state laws in the form of mandates and enabling legislation as well as a series of court decisions that evaluate how cities administer codes and whether the drafting and administration of the documents is consistent with State Constitutional and Federal Constitutional requirements. The California enabling legislation gives authority for cities to have zoning regulations and subdivision regulations. The three applicable areas of State law are: Planning and Zoning Law sets up the requirements for the General Plan and its seven mandated elements, The California Subdivision Map Act, and The California Environmental Quality Act shape the review process. In addition, a variety of regulations at the State level affect local decisions relative to land use matters such as those contained within the Health & Safety Code. Case law is an important element in the drafting of local development codes. States typically pass laws that allow cities to adopt rules for the use of property and cities usually go beyond the very general authority that is given in enabling cities to deal with issues that affect the community. Since the inception of zoning ordinances in the late 1900's, when a community attempts to strike off in a new land use regulation., it faces - challenges in the courts from people who are concerned about their individual rights to the use of their property. This process began with the earliest attempts by cities to protect public health, safety and welfare through such mechanisms as limiting building heights (fire protection safety). An early MARCH 22, 1997 PAGE 3 TOWN HALL MTG. form of the zoning regulation was to require setbacks to provide access to natural fight and air within a building and to improve traffic visibility. As cities enacted those kinds of regulations, there were immediate challenges in the courts by people who owned property and were concerned that those rules would limit their ability to gain return on their investments. Those challenges proceeded from the late 19th century until the 1920's when a landmark court case entitled Village of Euclid vs. Antler Realty Co. considered the constitutionality of comprehensive zoning as a total collection of development regulations which both restricted the use of property to specific uses allowed within specific zones and provided regulations on how development could be designed. The conclusion of the Supreme Court at that time, which has continued to be the conclusion of the Supreme Court, is that the balancing of community needs with individual property rights through zoning regulations is a constitutional exercise of the police power which is the protection of public health, safety and welfare. Court cases since 1926 have looked at other aspects of community development regulations from the basic limitations on the use of property to aesthetic rules in community zoning and sign regulations. In all court cases, the conclusion has consistently been that cities have the right to take care of community needs as long as the rights of the individual property owners are considered. As long as there is a reasonable effort to balance those competing demands, the regulations are found to be constitutional. More recent court cases have looked at the extent to which regulation can limit or reduce the economic value of property and have highlighted the need for cities to carefully consider the effect of regulations on the ability to derive economic value for the use of the land. The proposed Development Code will be entirely consistent with current state legal mandates. Bruce Jacobson explained that some communities update zoning regulations rather than create a development code. Not all development codes are the same because the intent is for the document to meet unique circumstances within the city which is preparing the document. A typical development code and, as it will relate to the development code being prepared for D.B., has, as a first component, zoning and land use regulations commonly dealt with in terms of a zoning ordinance. To that, subdivisions would then be incorporated. Beyond these items are the specific items to be incorporated which specifically relate to this community. D.B.'s Development Code proposes to include citywide design guidelines, hillside preservation and other unique regulations such as a tree preservation ordinance. The document will encompass all of the land development regulations that must be followed to complete a new land use activity within the City. Although the document will reference the building code, it will not include the building code. The document will also reference other codes such as fire, public works (street wide specifications) and other applicable sections within the greater Municipal Code. In fact, part of the consultant's task will be to review the City's Municipal Code to determine what needs to be referenced and MARCH 22, 1997 PAGE 4 TOWN HALL MTG. included within the development code. The most important quality of the code is to make certain that it is "user friendly" to citizens, staff and the development community. The code will begin with a more detailed table of contents than currently exists which will include such items as what land uses are allowable in which zones, what permits would be required to implement those land uses and any zone specific standards - primarily in the areas of building envelope considerations such as height, setbacks, coverage, etc. Those chapters will be broken down into logical orders of residential, commercial, industrial and special purposes with overlays as needed. The next article is development standards that are across the line and not limited to specific zones. For example, this would include such general items as noise, glare, environmentally significant issues and other more formative issues on how to deal with unique heights, how to measure heights and how to allow for encroachments and setbacks when such encroachments seem natural. A series of chapters within this article deal with use specific standards. As an example, child daycare standards, service stations, drive through facilities, etc. would be included. Staff will assist the consultants in identifying which uses are deserving of standards because they are unusually difficult to deal with or they happen so frequently that it is best to include the standards within the document. The document should be helpful to the user and describe, if possible, all of the features and considerations when filing for a building permit. Fallowing the standards section, a section entitled "administration" will be included. In addition to detailing the process one must follow, the roles of the players involved in the review process will be described. The next section will be a vastly detailed and expanded index as well as a list of definitions. It is the consultants belief that the document becomes much more "user friendly" when all of the land uses listed in the land use charts are carefully described. In addition, different terms used to describe the process and standards measurements are defined. He concluded that a development code is a comprehensive document that includes all of the land use regulations that must be dealt with and, of equal importance, describes what other documents might be needed to fulfill the land development requirements. In response to C/Werner, Mr. Jacobson stated that the development code is designed to cover more than development. It deals with such matters as existing legal, non -conforming activities. It deals with how to clean up an existing nuisance. He stated that, in his opinion, the term "development code" is a comfortable and widely accepted term. Some perceive the term "land use code" to be more regulatory as opposed to "development code" which is perceived to be a more friendly term. The goal is to entitle the document in the most descriptive terms. In addition, the "development code" title is common among neighboring communities. The difference between a "development code" document and a "land use" document is that a "land use" document could conceivably include the City's General Plan. Although it is not the intent to include the General Plan within the proposed document, MARCH 22, 1997 PAGE 5 TOWN HALL MTG. there will be a nexus between the two documents. PC/McManus stated that, as a contractor, it is preferable to have commonality between communities with respect to documents. In response to PC/Schad, Mr. Jacobsen explained that this document will be the bridge from the General Plan through the process of how people deal with utilizing their properties. This document is not meant to revisit the General Plan or to correct any perceived deficiencies within the General Plan. It is meant to support and implement the General Plan and codify its goals and objectives. In response to PCIRuzicka, Mr. Jacobson responded that the document and its name are not finalized. The document will proceed through changes and a several stepped review process to several workshops, public hearings, Planning Commission and City Council reviews until its final adoption. Paul Crawford explained the matrix to be used in the preparation of the document. The primary concern is for the material to be organized in a logical and orderly fashion according to how people will use the code. In response to C/Werner, Mr. Crawford deferred to the City Attorney for advice on State regulations governing group home facilities. He indicated that current state regulations preempt local authority for both child daycare facilities and other kinds of group homes where the number of residents is six or fewer. CDD/DeStefano stated that the State requires that group home facilities be situated at least 300 feet apart from each other. PC/Ruzicka indicated that there is growing incentive for people to enter into the group home business. Facilities may present various considerations to neighborhood residents --undue hardships in the form of additional traffic, ambulances, wheel chairs, patients wandering the city streets, etc. Ron Pfiugrath outlined the three step process of the Development Code: 1) get smart phase (completed), 2) administrative draft preparation (currently under way) and 3) Public Hearing/adoption process. PC/Goldenberg reiterated the Planning Commission's desire to have the Development Code adopted by January 1, 1998. CDDIDeStefano stated the current Development Code process schedule calls for completion by December, 1997 and adoption by Council in January, 1998. MARCH 22, 1997 PAGE 6 TOWN HALL MTG. Senior Planner Catherine Johnson spoke about the community survey and its results. She listed the following Topics for Group Discussion: * Hillside Development - Slope/Density Formula " Tree Preservation * Parking & Access " Signs * Home Occupation * Development Review Process * Zoning Clearance/Business Licenses Public Notice Requirements * Non -Conforming Uses The participants then broke into three groups and discussed each of three topics for a 20 -minute period. Discussions concluded with the following recommendations: HILLSIDE DEVELOPMENT - SLOPE/DENSITY FORMULA 1 } Include a slope/density formula to maintain the city's hillsides, open space, natural topography and natural vegetation with less development in the more dense hillside regions of the community. TREE PRESERVATION 1 } Consider measurement of trees from the lowest point of the slope. 2) Measure diameter and circumference at 4 112 feet from the lowest point of the slope. 3) Cut tree roots should be sealed. 4) Consider relocation of trees in order not to block views of neighboring property owners. PARKING & ACCESS 1) Discourage street parking for commercial vehicles. 2) Address recreational vehicle, truck and overnight parking on residential streets. 3) Enforce the "No Parking" between 3:00 a. m. and 5:00 a. m. on MARCH 22, 1997 PAGE 7 TOWN HALL MTG. residential streets. 4) Appoint citizens group to address this item. SIGNS 1) English should be the predominant sign language within the maximum constraints allowed by federal and state laws. 2) Enforce the 25% of window sign ordinance. 3) Maintain 6' height limitation for monument signs. 4) Consider electronic signage where appropriate along the freeway to promote local businesses. HOME OCCUPATION 1) Include "for profit" home based business in the licensing process. 2) Regulate type of business and traffic (size and type of delivery trucks). 3) Establish home based business categories. 4) Street parking should not be impacted by employee parking. 5) Business materials should be regulated and meeting health and safety compliance. 6) Provide off-site storage of business materials. 7) Prohibit use of hazardous materials. 8) Prohibit certain businesses. 9) All business should register with the City whether for fee or non -fee with a fine for not registering the business. 10) Require new businesses to submit to a zoning clearing - process. DEVELOPMENT REVIEW PROCESS 1) Continue to require Public Hearing process for single family MARCH 22, 1997 PAGE 8 TOWN HALL MTG. home construction, large additions and remodeling. 2) Consider requiring Architectural Review process as well as an enforcement process or establish staff level Architectural Review committee. 3) Emphasize quality rather than expediency with respect to home additions and remodels. ZONING CLEARANCE 1) Implement traditional business and home-based business licensing - especially for businesses that require the city's attention and monitoring - with an appropriate fee attached. PUBLIC NOTICE REQUIREMENTS 1) Notify tenants as well as property owners with respect to public hearings. 2) Expand the public notice notification process to 500 feet. Allow staff discretion for expanding the public notice notification process beyond the minimum 500 feet. 3) Post public hearing notices on City -On -Line, in The Windmill publication (as time permits). 4) Post size appropriate public hearing notices on the proposed project site. 5) Consider a community kiosk/reader board for public notification. NON -CONFORMING USES 1) The City should be "business -friendly" and create an environment conducive to conducting business, in the City. 2) Non -conforming uses and structures should be corrected and improved to meet current code requirements. CDD/DeStefano thanked the participants and asked them to continue supporting the process toward approval and implementation of the City's Development Code. MPT/Herrera thanked the participants. She announced the following events: Parks Master Plan Town Hall Meeting at 7:00 p.m. on Monday, March 24, 1997 at Heritage MARCH 22, 1997 PAGE 9 TOWN HALL MTG. Park, and the 8th Annual City Birthday celebration on Sunday, April 20 at Peterson Park from 12:00 noon to 5:00 p.m. 13. ADJOURNMENT: There being no further business to conduct, MPT/Herrera adjourned the meeting at 12:00 noon. Ayrf LYNDA BURGESS, City Clerk ATTEST: l Mayor ProTem