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Home My WebLink About4/24/2007MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 24 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Wei led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman Wei, Vice Chairman Tony Torng and Chairman Steve Nelson Also present: Nancy Fong, Community Development; Ann Lungu, Associate Planner; David Alvarez, Planning Technician and Stella Marquez, Senior Administration Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As Submitted. 4. 5. CONSENT CALENDAR: C/Wei moved, C/Lee seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Wei, Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 4.1 Minutes of the Regular Meeting of April 10, 2007. 4.2 Issuance of Public Convenience and Necessity (PCN): A request to issue a PCN for a Type 21 liquor license for Target Store at 747 Grand Avenue. OLD BUSINESS: None. 6. NEW BUSINESS: APRIL 24, 2007 PAGE 2 PLANNING COMMISSION 6.1 Art in Public Places CDD/Fong reported that about a year ago at the direction of the Planning Commission staff researched Art in Public Places. Staff made its report to the Commission and as directed by the Commission, forwarded the Planning Commission's recommendation to the City Council. Council directed that it was not yet time to consider this proposal because there were higher profile items under consideration. CDD/Fong reiterated to C/Lee that the Planning Commission recommended the Council consider an Art in Public Places program. However, Council felt it was not the appropriate time and may consider the matter at a later date. C/Nolan wondered if developers might be willing to place the funds in trust for artwork but may not wish to do the work themselves. CDD/Fong stated that in her experience if Planning did not require Art in Public Places or the associated fee, developers would probably not volunteer the funds or the piece of art. Some developers do not mind selecting art for display and some developers would prefer to pay the fee. In response to VC/Torng, CDD/Fong stated that Council did not formally vote on the issue nor did it consider an ordinance, it merely directed staff accordingly. VC/Torng asked if there was any further study staff that the Planning Commission could do to further this concept. CDD/Fong responded that in accordance with Council's direction, staff would need to conduct more research to determine the logistics of other programs that would not require the developer to contribute 1 % of the building evaluation. At this time staff resources are not available to consider this low priority item. She felt the matter would have more teeth were the Planning Commission to consider a condition for Art in Public Places on specific projects rather than make it a fee-based condition of all projects. VC/Torng wanted staff and the Planning Commission to pursue this matter and receive a follow up report in approximately six months. 7. PUBLIC HEARINGS: 7.1 Conditional Use Permit No. 2006-18 — In accordance with Development Code Section 22.58, the applicant requested approval to change the hours of operation in an existing Music Studio located at Country Hills Towne Center. The project site is zoned C-2 (Community Commercial). APRIL. 24, 2007 PAGE 3 PLANNING COMMISSION PROJECT ADDRESS: 2775-A Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Country Hills DB, LLC 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 APPLICANT: Ara Cho 22556 Birds Eye Drive Diamond Bar, CA 91765 PT/Alvarez presented staffs report and recommended Planning Commission approval of Development Review No. 2004-18, Findings of Fact, and conditions of approval as listed within the resolution. C/Lee felt the number of students in staff's report was too low. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Ara Cho, applicant, responded to C/Lee that when she applied to change the times it was primarily to accommodate vacation hours and the summer school break and she wanted to extend the hours during those times to accommodate her students. Once regular school commences her school will go back to its regular hours. C/Lee took exception to her explanation. C/Nolan stated that it was her understanding that the owner only wanted to extend hours so to accommodate students at an earlier time when school was not in session e.g., summer, spring break, etc. CDD/Fong explained that the school's business -owner would like the opportunity to open her business more hours during the summer to accommodate students who would rather not come at 5:00 p.m. and come at 9:00 a.m. for example. Most likely the school will not have students continuously from 8:00 a.m. to 9:00 p.m. every day. This condition provides the school an opportunity for students to have flexible and optional hours. Chair/Nelson closed the public hearing. C/Nolan moved, VC/Torng seconded, to approve Conditional Use Permit No. 2006-18, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: APRIL 24, 2007 PAGE 4 PLANNING COMMISSION AYES NOES: ABSENT COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Nolan, VC/Torng, Lee, Wei, Chair/Nelson None None 7.2 Conditional Use Permit No. 2007-05 - In accordance with Development Code Sections 22.58 and 22.10.030, Table 2-6, the applicant requested approval to locate a learning center in an existing shopping center identified as Plaza Diamond Bar. The project site is zoned C-2. PROJECT ADDRESS: PROPERTY OWNER: Lee's Review and Learning Center 2040 S. Brea Canyon Road, Suite 240 Diamond Bar, CA 91765 Plaza Diamond Bar Partners LLC 3029 Wilshire Boulevard, Suite 202 Santa Monica, CA 90403 APPLICANT: Jong Hoon Lee 1930 S. Brea Canyon Road Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2007-05, Findings of Fact, and conditions of approval as listed within the resolution. CDD/Fong responded o o C/Lee that the cause after business hours. the fire in 2004 was inconclusive. The firccurred AssocP/Lungu reiterated to C/Lee that before the building burned there were two tutoring businesses. One of those businesses is not returning to the center. There were no ex parte disclosures. Chair/Nelson opened the public hearing. APRIL. 24, 2007 PAGE 5 PLANNING COMMISSION Jong Ho Lee, younger brother and attorney for owner Jon Hoon Lee, stated that he graduated from Diamond Bar High School and assisted the owner in teaching classes during law school. He said he was present to answer questions and believed that staff's report was sufficient. Mr. Lee responded to VC/Torng that the number of students varies throughout the school year and enrollment remains consistently 50-60 students. Within the building the maximum numbers would be approximately 20 students, three teachers and one staff member. Chair/Nelson closed the public hearing. C/Lee moved, C/Wei seconded to approve Conditional Use Permit No. 2007-05, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Wei, VC/Torng NOES: COMMISSIONERS: None/Nelson ABSENT COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan welcomed the Lee's back home to where they were in business prior to the fire. VC/Torng congratulated C/Nolan on a job well done at the City Birthday Party Car Show. He participated in the Diamond Bar Vision open house. He asked if the Commission would have an opportunity to review the resident's input and comments. CDD/Fong responded that the City's consultant would continue to collect comments from residents and consolidate and summarize them into a report to be forwarded to the City Council. C/Lee felt it was imperative to ascertain how many students would be at a location at any given time and how their safety would be insured. He said there are centers in the City doing business without having gone through the proper process for a permit for their businesses. APRIL 24, 2007 PAGE 6 PLANNING COMMISSION g, STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Public Hearing dates for future projects. CDD/Fong reported that last night staff conducted a community meeting for the Crestline/Diamond Canyon area under consideration for annexation to the City of Diamond Bar. Residents were concerned about whether their property tax would change as a result of annexation and they wanted to confirm the school district for the area. The Commission packet indicates the public hearing is scheduled for May 8. However, due to the need to provide additional information the hearing will be continued to May 22. There were only about 10 participants in attendance for the community meeting. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no furthe at 7.4s p.m. the Planning Commission, Chair/Nelson adjourned the regularg Attest: Respectfully Submitted, Nancy teve �Nelso�n,Chairman Communi Development Director