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HomeMy WebLinkAbout11/10/2009MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 10, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:15 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Nelson led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Jack Shah, Vice Chairman Steve Nelson and Chairman Tony Torng. Absent: Commission Kathy Nolan was excused. Also present: Greg Gubman, Community Development Director; Katherine Laufenburger, Senior Planner; John Cotti, Assistant City Attorney; and Marcy Hilario, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: VC/Nelson moved, C/Shah seconded, to move Public Hearing Item 7.2 prior to 7.1. Without objection, the motion was so ordered. 4 CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of October 13, 2009. C/Lee moved, VC/Nelson seconded, to approve Regular Meeting Minutes of October 13, 2009, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS None None Lee, Shah, VC/Nelson Chair/Torng None Nolan NOVEMBER 10, 2009 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.2 Conditional Use Permit; No. 2009-08 — Under the authority of Diamond Bar Municipal Code Section 22.58, ZhongGuo Li submitted a request to operate a massage establishment under the business name Delight Beauty Salon. The proposed establishment will provide massage and foot care services provided by trained technicians. The proposed hours of operation are 9:00 a.m. to 10:00 p.m. seven (7) days a week. The subject property is zoned C-2 (Community Commercial) with an underlying General Plan designation of Commercial Office. Approval of a Conditional Use Permit is required to operate a business offering massage therapy. PROJECT ADDRESS: Diamond Creek Village 21014 Golden Springs Drive #D-2 & D-3 Diamond Bar, CA 91765 PROPERTY OWNER: Lakeview Village Corporation 12901 Harbor Boulevard, Suite A-5 Garden Grove, CA 92840-5830 APPLICANT: ZhongGuo Li Delight Beauty Salon 21044 Golden Springs Drive Diamond Bar, CA 91765 CDD/Gubman presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2009-08, based on the Findings of Fact, and subject to the conditions of approval as listed in the resolution. Staff further recommends that the hours of operation be restricted to 9:00 p.m. as a typical closing time consistent with personal services businesses. However, the code allows the establishment to be open as late as 10:00 p.m. VC/Nelson asked for clarification between staff's written report and the verbal report. CDD/Gubman responded that he verified the square footage using the owner's lease agreement information. The applicant is relocating and changing the overall scope of the business. VC/Nelson said he would like to have the applicant address the matter of restricting the hours and what affect it may have on the business. C/Shah asked if the massage technicians were licensed by the state and CDD/Gubman responded yes, that the technicians are licensed massage technicians as required by the City's business license ordinance. C/Shah asked if one of the services offered was medical laser treatment. NOVEMBER 10, 2009 PAGE 3 PLANNING COMMISSION CDD/Gubman explained that the applicant is currently providing electrolysis, hair removal, and waxing treatments. The application proposes to focus only on massage and would not be proposing to continue the skin care services in the new location. C/Lee asked if other businesses in the area were open past 9:00 p.m. CDD/Gubman responded that there are restaurants that are open past 9:00 P.M. There were no ex parte disclosures. Chair/Torng opened the public hearing. Connie Coury, Lakeview Village Corporation, said she, Richard, the applicant, and Tony, his accountant, will respond to questions. C/Lee asked what components of body massage would be practiced and the applicant responded that customers would be fully clothed and the back, shoulder, waist area, leg and foot areas would be treated by 40-50 year old male (six) and female (four) practitioners. VC/Nelson asked what percentage of business would occur between 9:00 p.m. and 10:00 p.m. The applicant responded approximately 60 to 70 percent of patrons arrive after the dinner hour. VC/Nelson asked how much business would be lost if the applicant closed at 9:00 p.m. rather than 10:00 p.m. The applicant responded a lot of business would be lost. The applicant confirmed that most of his business occurs after the dinner hour. Chair/Torng asked if the applicant concurs with staff's recommendations and the applicant asked what would happen if a customer walked into the business at 9:00 p.m. CDD/Gubman said that staff's intent would be that any client that walked into the business up to 9:00 p.m. could be served but that no new clients would be able to enter the business after closing time (9:00 p.m.) The applicant said that customers insist on being treated when the store is open. Chair/Torng said that by accepting staffs recommendation the applicant would not be allowed to have any customers enter the establishment after 9:00 p.m. The applicant said he understood and concurred. C/Shah asked how long the treatments last and the applicant responded one hour. Connie Coury explained that tenants are encouraged to keep a consistent closing time in the center because there are likely to be more problems if one business remains open much later than other businesses. There are four NOVEMBER 10, 2009 PAGE 4 PLANNING COMMISSION restaurants that are open until 10:00 p.m. and midnight, and 1:00 a.m. on weekends. The pizza parlor, which is adjacent to the new location, is open until 10:00 p.m. The property owner does not see any problem with this establishment remaining open until 10:00 p.m. because the owner feels it is better to have more businesses open so that there is a greater presence of people to ensure better security in the area. Margaret Monahan and Esther Nam, regular clients of the applicant and public school teachers who are on their feet most of the day, have found Richard's establishment to be very therapeutic for feet, legs, back and general health and are present to support the applicant and his professional establishment. Ann Lopez, 1156 Crofter Drive, asked for clarification about the scaling back of services. She said she was concerned about the statement that individuals would remain fully clothed for a full body massage. She has never known a massage establishment to be open later than 8:00 or 9:00 p.m. and never for seven days a week. Gina Lopez, 1156 Crofter Drive, said she too had the same concerns as Ann Lopez. Mr. Jung said he and his wife had been customers of the establishment for about a year. They visit the establishment after dinner at about 8:00 or 9:00 p.m. Many people go home after work and have dinner before visiting the establishment for their massage. The technicians are very professional. Chair/Torng asked the owner to explain why he scaled his business back to massage only. The owner responded that after he opened the business, they found that many individuals who sit in front of a computer all day get lower back pain and older people have back problems as well and come in for massages. The reason they are scaling the business back to massage only is due to demand. Chair/Torng asked why customers remain fully clothed for the massage. The applicant explained that he and his technicians do not do oil massage so it is not required for clients to remove their clothing. In addition, the owner does not want anyone to be suspicious of the business practices. C/Lee asked the composition of the customers and the owner said that about 30 percent are ethnic Chinese and the majority is Caucasian. Chair/Torng closed the public hearing. NOVEMBER 10, 2009 PAGE 5 PLANNING COMMISSION CDD/Gubman showed the current and proposed locations and explained that the owner is not enlarging the existing business location, but relocating to a larger unit in another section of the shopping center. VC/Nelson said he found it difficult to understand the rationale for limiting the hours of operation to 9:00 p.m. As was pointed out, other establishments in the immediate area are open until 10:00 p.m. and this seems to be an arbitrary limitation of hours for this legitimate business. At this point he would not support staffs restriction to 9:00 p.m. unless provided compelling reason to do so. He wants Diamond Bar businesses to prosper and while he is a "morning" person, many people work late and by the time they get home and want a massage, it might be too late. CDD/Gubman said he was pleased that VC/Nelson felt that way because it shows that the process works. It is proper for the Commission to deliberate the matter. C/Shah concurred with VC/Nelson and his comments. Other businesses are open until 10:00 p.m. and as stated, the clients remain fully clothed. The owner said that 30 percent of the business occurs after the dinner hour. He sees no reason for limiting this business which he believes is a good service to the community. If the Sheriffs Department has given this business the okay, he sees no reason the business should be limited. Such a limitation could hurt them financially as well as diminishing the service to the community. C/Lee said he too wanted to support small business and based on statements he heard this evening he did not see any reason to limit the business hours. Chair/Tong said he too supports the business but he had a concern about having the business run until 11:00 p.m. if they remain open until 10:00 p.m. VC/Nelson said it would be no different from Bob's Big Boy, for example. If patrons walk in at 10:00 p.m. they can sit and eat for an hour. C/Lee moved, C/Shah seconded, to approve Conditional Use Permit No. 2009-08, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution indicating the business hours will be 9:00 a.m. to 10 p.m. seven days a week. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Shah, VC/Nelson, Chair/Torng None Nolan NOVEMBER 10, 2009 PAGE 6 PLANNING COMMISSION 7.1 Comprehensive Sign Program 2009-01 - Under the authority of Diamond Bar Municipal Code Section 22.36.060, the applicant requested approval to amend the comprehensive sign program for Gateway Corporate Center. The amendment provides for the establishment of four (4) new freestanding center identification signs, consisting of a pair of signs at the two entrances to the center along Golden Springs Drive. PROJECT ADDRESS PROPERTY OWNER: Gateway Corporate Center at Copley Drive and Gateway Center Drive Diamond Bar, CA 91765 Sandra Deeds The Mueller Company 2900 Adams Street, Suite B30-1 Riverside, CA 92504 APPLICANT: Adam Burrows JB3D Architectural Graphics & Branding 731 N. Main Street Orange, CA 92868 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Comprehensive Sign Program 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah asked why the sign was proposed to be so high and SP/Laufenburger explained the proposal was intended to make the signs readable for people driving by the location. Gateway Corporate Center is very large and currently, there is no center identification. Unless people are familiar with where they are going, there is a possibility to drive past their intended location; therefore, these monument signs will be very visible to vehicular traffic. There were no ex parte disclosures. Chair/Torng opened the public hearing. Adam Burrows, Designer, said he concurred with staffs report. Chair/Torng closed the public hearing. VC/Nelson said he paused to think aboutthe height of the signs and believed that staff was absolutely correct that it would be appropriate in light of the NOVEMBER 10, 2009 PAGE 7 0 Q PLANNING COMMISSION berms. These signs will make a statement and it is certainly no more intrusive than the reader board given to Diamond Bar Honda. He felt it was a good piece of identity for the center and for Diamond Bar. VC/Nelson moved, Chair/Torng seconded, to approve Comprehensive Sign Program 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah said he was pleased to see that there was no "mudslinging" in the recent election. VC/Nelson inquired about candidates' election signs left on public property after the election is over. CDD/Gubman responded that if those individuals running for office do not remove their signs, staff will take them down from the public right-of-way 10 days after the election and they will be destroyed. As a courtesy, staff sends candidates a courtesy e-mail to let them know that they are expected to remove their signs. Chair/Torng asked if the candidates were charged for removal and CDD/Gubman said that the Code Enforcement Officers remove the signs during their regular routine, and the City does not charge the candidates. C/Shah felt the City should charge $100 per sign to pick them up. If candidates can spend $40,000 to run a campaign, they should have to pay for removal of the signs. Chair/Torng attended the annexation ceremonies and said he appreciate staff's hard work in putting together the event. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future Proiects. CDD/Gubman introduced John Cotti, a representative of the City Attorney's law firm. The Planning Commission's regular City Attorney, Brad Wohlenberg was unavailable to attend this evening's meeting. NOVEMBER 10, 2009 PAGE 8 PLANNING COMMISSION CDD/Gubman advised the Commission that since there is no pending business during the Thanksgiving week, it will be dark for November 24. The next meeting is scheduled for December 8, 2009. CDD/Gubman reported that there is a fraternity house located at 23810 Sunset Crossing Road and there have been disturbance issues with the neighbors. The City and Cal Poly have stepped in and ordered the fraternity to vacate the premises and the residents should be out by the end of November. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 8:12 p.m. The foregoing minutes are hereby approved this 12th day of January, 2010. Attest: Respectfully Submitted, Greg Gubman Community Development Director T o—mg, Chairm