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Home My WebLink About01/06/1998 Minutes - Regular MeetingCITY OF DIAMOND BAR DEVELOPMENT CODE STUDY SESSION #1 JANUARY 6, 1998 CALL TO ORDER: Mayor Herrera called the meeting to order at 4:12 p.m. in the SCAQMD, Room CC -8, 21865 Copley Drive, Diamond Bar, California. Present: Council Members Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Council Member Ansari was absent. Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; Catherine Johnson, Senior Planner; Kellee Fritzal, Assistant to City Manager; Lynda Burgess, City Clerk; Ron Pflugrath, Paul Crawford and Bruce Jacobsen, Urban Design Studio Consulting Team. 2. OVERVIEW OF DEVELOPMENT CODE PROJECT: DCM/DeStefano explained that the City inherited the L.A. County Planning, Zoning and Subdivision Code. It is apparent that the City requires its own code under which the community can operate and continue to develop and the development code is the most significant tool for land use development and control. The City began the process of developing a code in June, 1996 with - a request for proposal to engage a consulting team. The consulting team was employed in the Spring of 1997. The Planning Commission began its formal review and public hearing process in August, 1997 and completed its work in December, 1997, forwarding a recommended Draft Development Code document to Council for review and approval. Ron Pflugrath explained that although he, Paul Crawford and Bruce Jacobsen are employed by different firms, they have worked together under the umbrella company of Urban Design Studio on about 40 development code projects for California cities over the past 8 years. The document before Council has been prepared specifically for D.B.'s needs. It is written in general terms and is intended to be user friendly with the incorporation of graphs and charts. He indicated that the Council should ask itself if the document minimizes legal terms, is user friendly, streamlines the development process, is it unique to Diamond Bar, does it include all necessary details, and is it a process that people can get through easily when you want them to get through it easily and difficult enough when you don't want them to get through it too easily. Paul Crawford presented an overview of what a development code is within the framework of California law and its applicability to the community's daily use. The Development Code consists of the principles of basic planning tools: The City's General Plan, Zoning and Subdivision Ordinances, Capitol Improvement Programs and Specific Plans. Today's presentation involves the Zoning Regulations component of a development code. These are the CITY COUNCIL JANUARY 6, 1998 PAGE 2 STUDY SESSION principal means by which the City's General Plan is implemented on a day- to-day basis. The Development Code combines Zoning, Subdivision Regulations and Design Guidelines so that users need not refer to multiple resources to determine what the City expects of them. Mr. Pflugrath referred the Council to the Development Code's Table of Contents and explained the components of the document. Mr. Pflugrath responded to C/O'Connor that the services list is unique to each city and incorporates uses general to most cities. Mr. Crawford explained that the services list was developed by looking at the existing zoning ordinance, talking with staff about which uses that are allowed under the Los Angeles County rules might be appropriate or not appropriate for Diamond Bar. C/O'Connor asked if the Council could be provided a list of acronyms to use while reviewing the document. Mr. Pflugrath continued explained the document's components. He pointed out that Pages IV -3 and 4 of Article IV includes a list of the review authority and appeal body for various types of permits. Bruce Jacobsen pointed out that when the Planning Director is identified as the review authority, no public hearing is required unless the matter is appealed to the Planning Commission or City Council. When the hearing officer is listed as the review authority, a public hearing is required. Mr. Pflugrath indicated that Article V includes language stipulating duties of the various City bodies, deals with procedural matters and includes non- conforming uses of structures and parcels. DCM/DeStefano referred the Council to a memorandum containing the outline for the review process. He pointed out that the City's Planning Division will require 30 days from the time the Council determines it is prepared to go forward with the public hearing process to conform to legal advertising timelines, etc. Staff proposes that following City Council study sessions, the Development Code public hearing process begin on March 17, 1998 and offered various options for meeting times in order to complete the process. The Council held a discussion regarding proposed public hearing dates of March 17, April 7, 21 and May 5, 1998. 3. CITY HALL/CIVIC CENTER SHORT TERM NEEDS AND LONG TERM CITY COUNCIL JANUARY 6, 1998 PAGE 3 STUDY SESSION NEEDS. CM/Belanger stated that the City Offices currently occupy approximately 7,025 square feet in Suites 100 and 190. The short term goal is to maintain adequate space in the present location for the next three to four years. He outlined various alternatives and related costs for acquiring additional space in the current City Hall location. Following a discussion of the various alternatives, MPT/Chang recommended that staff pursue Alternative #2 to lease Suites 110, 150 and 190; abandoned Suite 100, and abandoned the Community Service Center and relocate the recreation staff to the current City Hall location. 4. ADJOURNMENT: There being no further business to conduct, Mayor Herrera adjourned the study session at 6:25 p.m. to the regular City Council meeting. > LYNDA BURGESS, City Clerk - ATTEST: EK/- /rf:� MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 6, 1998 STUDY SESSION: Development Code - 4:12 p.m., City Hall Civic Center CLOSED SESSION: None 2. CALL TO ORDER: Mayor Herrera called the meeting to order at 6:43 p.m., in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Herrera. INVOCATION: Pastor Martinez, Chinese Evangelical Free Church. ROLL CALL: Council Members Huff, O'Connor, Mayor Pro Tem Chang and Mayor Herrera. Council Member Ansari was excused. Also present were: Terrence L. Belanger, City Manager; Amanda Susskind, Assistant City Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: The City Council concurred to approve the agenda as presented. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented City Tiles to Debby O'Connor and Steven Tye, outgoing Parks and Recreation Commissioners. 3.2 Presentation of City Tile to outgoing Planning Commissioner Don Schad. Mr. Schad was not present to accept his tile. BUSINESS OF THE MONTH: 3.3 Presented City Tile to Aram Kargozian, owner of Jewels by Aram. 4. PUBLIC COMMENTS: Dr. Lawrence Rhodes asked how to determine his property line and setbacks. He indicated that he would support the City's imposition of a noise level ordinance for leaf blowers, but not the total elimination of the blowers. JANUARY 6, 1998 PAGE 2 John McLaughlin, President, D.B./Walnut Valley Soccer Club, commended Bob Rose on his cooperation and support and thanked the City for the use of its fields for soccer practice. Marshall Moaw, Glendora Mayor Pro Tem representing the League of California Cities, thanked D.B. for its membership participation and active organization support. Clyde Hennessee expressed concern that Waste Management no longer offers separation of glass, plastic and paper for its recycling service. Further, he felt that City staff should have carts to transport heavy items. Mr. Sheik spoke regarding Old Business Item No. 8.1. ACA/Susskind pointed out that because the Public Hearing was closed on December 16, 1997, speakers may address only the accuracy of the Resolution under consideration with respect to Agenda Item No. 8.1. CM/Belanger responded to Mr. Hennessee that Waste Management currently collects trash in one pass because their MRF facility separates the items. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC & TRANSPORTATION COMMISSION - January 8, 1998 - 7:00 p.m., AQMD Board Hearing Board Room, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION - January 13, 1998 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING - January 20, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Huff moved, MPT/Chang seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote.- AYES: ote:AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 6.1 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting of November 12, 1997. - 6.2 APPROVED VOUCHER REGISTER - dated January 6, 1998 in the amount of $754,155.14. JANUARY 6, 1998 PAGE 3 6.3 REVIEWED & APPROVED TREASURER'S REPORT - for November, 1997. 6.4 ADOPTED RESOLUTION NO. 98-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO APPOINT SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS - confirming the appointment of the Governing Board Representative and Alternate Governing Board Representative. 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 RESOLUTION NO. 98-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AFFIRMING THE PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT NO. 97-3, A REQUEST TO ALLOW THE SALE OF BEER AND WINE IN AN EXISTING MINI -MART AT THE CHEVRON GAS STATION SITUATED AT 21324 PATHFINDER ROAD, DIAMOND BAR, CALIFORNIA. DCM/DeStefano responded to C/O'Connor's written questions with respect to the findings contained on Page 3 of the Resolution under Conditional Use Permit, subsections 3(a) and 3(b). He explained that staff crafted the Resolution in response to testimony received during the Public Hearing process and the Council's instructions to staff. C/O'Connor recommended removal of "elementary school" from Section 3(a) and "residential neighborhood" from subsection 3(b) in order to make the Resolution consistent with the language of other Conditional Use Permits. Mr. Sheik read a statement objecting to Council's findings for denial of the Permit. C/Huff moved, MPT/Chang seconded, to adopt Resolution No. 98-02 affirming the Planning Commission's decision to deny Conditional Use Permit No. 97-3, a request to allow the sale of beer and wine in an existing Mini -Mart at the Chevron Gas Station at 21342 Pathfinder Road. M/Herrera offered an amendment to the motion as follows: Remove the words "as well as, from elementary schools in the neighborhood" from subsection 3(a) and "to a residential neighborhood and" from subsection 3(b). JANUARY 6, 1998 PAGE 4 C/Huff did not agree to accept the amendment and called for the question on his original motion. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - O'Connor ABSENT: COUNCIL MEMBERS - Ansari M/Herrera welcomed Pomona City Council Members Willie White and Paula Lantz. 8.2 INLAND VALLEY CAPITAL CORPORATION (IVCC). Bonnie Mizrahi, representing the IVCC, reported on the goals and objectives of the organization. C/Huff recommended that comments regarding this matter be obtained from the Chamber of Commerce. Debby O'Connor suggested that the City ask for a guarantee that the City's contribution would be spent in D.B. She asked which cities have expressed written interest in the concept and if staff has investigated the project's effectiveness in other communities. C/Huff moved, C/O'Connor seconded, to continue Agenda Item No. 8.2 to January 20, 1998 for further consideration and responses from the City Attorney, staff and Chamber of Commerce. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari 9. NEW BUSINESS: 9.1 EXTENSION OF TEMPORARY SERVICES - MPT/Chang moved. C/Huff seconded, to approve additional temporary services to be provided by Time Out Personnel Services for receptionist duties in the City Clerk's Office. Motion carried by the following Roll Call vote AYES: COUNCIL MEMBERS - Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Ansari JANUARY 6, 1998 PAGE 5 9.2 MATTER OF CITY HALL LEASE SPACE AT 21660 E. COPLEY DRIVE. The City Council concurred with staffs recommendation to continue the matter to January 20, 1998 to allow staff time to negotiate with the building's leasing company for additional space. RECESS TO REDEVELOPMENT AGENCY MEETING: 8:23 p.m. RECONVENE CITY COUNCIL MEETING: AM/Herrera reconvened the City Council meeting at 8:27 p.m. 10. COUNCIL SUBCOMMITTEE REPORTS: C/O'Connor reported on the December 18, 1997 Parks Master Plan Advisory Committee orientation meeting. The next meeting is scheduled for Thursday, 6:30 p.m. in the City Hall Conference Room. 11. COUNCIL COMMENTS: M/Herrera reminded Council Members to make their citizen appointments to the "on -street parking" and "solid waste issues" task forces. C/O'Connor wished everyone a happy and prosperous New Year. She welcomed the Taco Bell to the Von's Shopping Center. She asked for clarification of the January 1, 1998 school bus blinking red light law and advised motorists to be aware that they must stop when the red lights are blinking. M/Herrera requested that a Walnut Sheriffs Department representative provide a report on the new law at the Council's January 20, 1998 meeting. C/Huff and M/Herrera encouraged citizens to be involved with the task forces. 12. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 8:39 p.m. V" LYNDA BURGESS, City Clerk ATTEST: �Vtdj _