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HomeMy WebLinkAbout12/8/2009MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION DECEMBER 8, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioner Kathy Nolan, Vice Chairman Steve Nelson and Chairman Tony Torng. Absent: Commissioners Kwang Ho Lee and Jack Shah were excused. Also present: Greg Gubman, Community Development Director; Brad Wohlenberg, Assistant City Attorney; Katherine Laufenburger, Senior Planner; Anthony Santos, Management Analyst; and Marcy Hilario, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4 CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of November 10, 2009 — continued to January 12, 2010, due to lack of quorum. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.2 Conditional Use Permit No. PL2009-50: — Under the authority of Diamond Bar Municipal Code Section 22.58, Shiu Lan Tsg submitted a request to operate a foot massage establishment under the business name Foot Spa. The proposed establishment will provide foot care services provided by professionally trained technicians. The services proposed include foot massage as the primary use and shoulder massage as an accompaniment to DECEMBER 8, 2009 PAGE 2 PLANNING COMMISSION the foot massage service. The proposed hours of operation are 10:00 a.m. to 10:00 p.m., seven (7) days a week. PROJECT ADDRESS PROPERTY OWNER: 20627 Golden Springs Drive Unit 1-0 Diamond Bar, CA 91765 Golden Springs Property LLC 3600 Wilshire Boulevard, Suite 2214 Los Angeles, CA 90010 APPLICANT: Shiu Lan Tsg 19422 Raskin Drive Rowland Heights, CA 91748 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Conditional Use Permit PL2009-50, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nolan asked if the "resting" area was actually a reception area and SP/Laufenburger responded affirmatively. There were no ex parte disclosures. Chair/Torng opened the public hearing. Helen Wong, 19422 Raskin Drive, Rowland Heights, CA 91748, explained that the establishment will house about 10 chairs and ten certified technicians. The foot massage will last about 40 minutes and the shoulder massage will last about 20 minutes. She stated she read staff's report and concurred with staff's recommendations. Chair/Torng closed the public hearing. VC/Nelson moved, C/Nolan seconded, to approve Conditional Use Permit No. PL2009-050, 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: DECEMBER 8, 2009 PAGE 3 AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: PLANNING COMMISSION Nolan, VC/Nelson, Chair/Torng None Lee, Shah 7.1 Development Code Amendment No. PL2009-051 — An Ordinance of the City of Diamond Bar amending the zoning regulations governing bars and nightclubs and amending the Diamond Bar Municipal Code. APPLICANT: City of Diamond Bar CDD/Gubman presented staff's report and recommended that the Planning Commission adopt the resolution recommending that the City Council approve Development Code Amendment No. PL2009-051 by adopting the Ordinance. VC/Nelson wanted confirmation that the ordinance would not preclude the Community Center being used for Bar Mitzvahs, Bat Mitzvahs, weddings, Quinceaneras, and occasions where there would be live entertainment and dancing, etc., and CDD/Gubman responded VC/Nelson was correct. VC/Nelson asked if each event would require a CUP and CDD/Gubman responded no, that once a CUP for a venue is approved, events may take place in accordance with that venue's CUP conditions. VC/Nelson asked if the conditions would preclude a restaurant to front as a nightclub. CDD/Gubman responded that the language has been written to prevent that possibility. C/Nolan said that on its face, this ordinance seemed extreme. She said she understood the situation that brought this matter forward. Businesses similar to "Happy's" have live entertainment that do not draw large crowds. She wondered if an establishment with a juke box that attracts a small group of 20 would be considered a ruckus. She reiterated that the problems that caused this matter to come to the Planning Commission were huge. However, this seems to be extreme for businesses wanting to operate in Diamond Bar in the future. For example, Acapulco used to feature Karaoke which to her seemed rather sedate in comparison to the problems that initially created the entertainment moratorium in effect for the past two years. She asked for CDD/Gubman's comments. CDD/Gubman stated that under this ordinance dancing is prohibited and would only be allowed at a reception or any events that could be held at a community center or hotel. C/Nolan asked what the alternative would be to DECEMBER 8, 2009 PAGE 4 PLANNING COMMISSION the moratorium if this ordinance were not approved. Acapulco has had Karaoke for a number of years. CDD/Gubman replied that research shows that type of entertainment occurred prior to incorporation. Acapulco would most likely be considered to be "grandfathered" in as a non -conforming use under this ordinance. C/Nolan again stated that to restrict dancing on its face was to her rather odd. CDD/Gubman stated that during development of this ordinance staff was led to the conclusion that the character of Diamond Bar is not one that would lend itself to these types of activities. This is predominately a residential community and these types of entertainment uses will clash with adjacent uses, and staff feels that while the proposed ordinance is very restrictive, the slightest bit of wiggle room opens the City up to enforcement issues. Therefore, staff is proposing to be very restrictive. C/Nolan asked if occupancy has a bearing on the allowed uses and CDD/Gubman said that staff did not attempt to draft occupancy thresholds. C/Nolan asked if a bowling alley would be restricted from having live entertainment. She said she is concerned about existing established businesses that have never been a problem when this ordinance was brought about by an "elephant in the room" situation. VC/Nelson said he had been involved with the Planning Commission for 10 or so years and could not remember a meeting where the sheriffs department showed up to testify against an establishment. There are two to four sheriff's patrolling the City after midnight and when the Planning Commission was told those units were at Scribbles breaking up problems and the rest of the City was left uncovered that was particularly bothersome to him — not to mention that the Fall Creek Condo residents would complain that at night they could hear the bass through the walls of their rooms. All of C/Nolan's points are very well taken. The City does not want to hurt any existing businesses but it is an unfortunate fact of life that there are people who will look for every loophole in order to take advantage of a situation, which is exactly what happened with Scribbles. It is almost like a zero tolerance situation. Diamond Bar has a "Country Living" mantra and this is not a place where residents are interested in establishing places where dancing and entertainment is advertised on the radio, where there are posters placed around Southern California, etc. If there is some concession to grandfather in places like Acapulco where those kinds of problems are not apparent, he is all for that but he does not want to leave a door open for individuals to come into the City to take advantage of the situation and create problems that create issues for the community such as proper police coverage. He is one hundred percent for the ordinance and if people want to dance and party Diamond Bar is not the place. DECEMBER 8, 2009 PAGE 5 PLANNING COMMISSION Chair/Torng said he agreed with VC/Nelson. This is a very serious problem for the City. Diamond Bar is a quiet residential city and he would like to avoid future problems. He also supports grandfathering of existing well-behaved businesses. CDD/Gubman said that there was an opportunity for grandfathering uses only if those businesses were legally established initially to conduct those types of activities. If businesses are conducting activities that were never authorized, they would be subject to this ordinance. Chair/Torng asked if appurtenant language should be inserted and ACA/Wohlenberg responded that the Municipal Code already contains provisions dealing with non -conforming uses. Chair/Torng pointed out a typo on Page 3. There were no ex parte disclosures. Chair/Torng opened the public hearing. With no one presented who wished to speak on this item, Chair/Torng closed the public hearing. C/Nolan again stated that the language of the proposed ordinance is too restrictive for her. VC/Nelson asked how broadly this item was advertised and CDD/Gubman responded that 1/8th page ads were taken out in The Daily Bulletin and The Tribune. VC/Nelson again stated he did not believe the ordinance. was extreme. Scribbles came into the City and thumbed their noses at the residents and government and there was nothing the City could do to prevent Scribbles from going out of their way to cause problems. If the City cannot protect its residents we cannot expect them to stay in the City. The attorney for Scribbles boasted that the City would never win a case against the establishment. The City prevailed, but he does not want the City to have to go through such an event again. If the City does not draw a line in the sand it will remain a blurry issue and someone will take advantage again. ACA/Wohlenberg said that during deliberations within his office, staff attempted to draft an ordinance that was as narrowly drawn as possible, but still allow certain types of entertainment within the City while still meeting the goals of the City, its General Plan and Zoning Code. There is a Supreme Court case that states "it is okay to use your zoning powers to create a clean DECEMBER 8, 2009 PAGE 6 PLANNING COMMISSION and well -lighted place" and based on the direction received from the City and staff, he believes the proposed ordinance accomplishes the goal in preserving the character of the City while allowing opportunities within that character for this type of activity. VC/Nelson graphically explained what had occurred in the area and what children were finding as they walked to school. Four deputies were repeatedly called to the establishment to break up problems and cars were broken into in the Kmart parking lot, and so on. In order to not have a repeat of what happened at and around this establishment, the City needs to protect itself. C/Nolan asked if Acapulco was grandfathered in and CDD/Gubman responded that staff would need to research county records to see what was allowed when the business was established. If the County's regulations were permissive enough to allow Acapulco to establish the use and have continuously operated in that fashion since that time, the business would be grandfathered. VC/Nelson moved, Chair/Torng seconded, to adopt the attached resolution recommending the City Council approve Development Code Amendment No. PL2009-051 by adopting the ordinance. Chair/Torng asked if there was language that could be added to the resolution to make it friendlier to the existing businesses. CDD/Gubman said that a provision could be added to the ordinance when presented to Council that specifically states that uses that were legally established are subject to the non -conforming provisions in the Municipal Code. VC/Nelson said he would accept that amendment to his motion. Chair/Torng seconded the amendment. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lee, Shah DECEMBER 8, 2009 PAGE 7 PLANNING COMMISSION 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan said there had been several requests to open or add massage businesses. Is there a point at which the City would find that there was a saturation of a certain type of business? CDD/Gubman said he frankly did not know. There have been other trends that have cropped up and died down. Foot massage is a personal service use and the City has to treat it the way it would with other personal service use businesses subject to specific restrictions in the City's business licensing ordinance. And, if a massage therapist/technician is certified by the State, the City does not have regulatory authority to prohibit them from operating in the City. Diamond Bar is disappointed that the retail/commercial space is being leased so pervasively by uses that do not generate sales tax revenue. It is difficult to discourage non revenue generating uses but it has been the trend of the shopping center landlords to be a little less selective, and less concerned about having a synergistic tenant mix that consists of a lot of retail uses. Landlords are looking to collect rent and these uses seem to be the entities showing the most interest at this time. ACA/Wohlenberg said the only uses the City regulates concentration of placement are the adult uses and when there is an over concentration of alcohol permits which is initiated by Alcohol Beverage Control. Chair/Torng said he was reminded about a statement by former Commissioner Dan Nolan that decisions should be based on what folks want to see ten years hence. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman asked the Commissioners to let staff know by the end of the week whether they would be attending the Four Corners meeting. VC/Nelson said he would not be able to attend. CDD/Gubman reported that due to lack of agenda items there will be no Commission meeting on December 22 and that the next Commission meeting will be January 12, 2010. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. DECEMBER 8, 2009 PAGE 8 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 8:06 p.m. The foregoing minutes are hereby approved this 12th day of January, 2010. Attest: Respectfully Submitted, L-�' Greg Gubman Community Development Director orng, Chair n