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HomeMy WebLinkAbout5/12/2009MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 12, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:01 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Vice Chairman Steve Nelson, Chairman Tony Torng. Absent: Commissioners Kathy Nolan and Jack Shah were excused. Also present: Greg Gubman, Acting Community Development Director; Katherine Laufenburger; Senior Planner, and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4 CONSENT CALENDAR: 4.1 Planning Commission Minutes: 4.1.1 Study Session of April 28, 2009 — due to a lack of quorum, the item was continued to May 26, 2009. 4.1.2 Regular Meeting of April 28, 2009 — approved as corrected C/Lee moved, C/Nelson seconded, to approve the Regular Minutes. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS 5. OLD BUSINESS: None. Lee, VC/Nelson, Chair/Torng None Nolan, Shah MAY 12, 2009 PAGE 2 PLANNING COMMISSION D NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING: 7.1 Conditional Use Permit No. 2009-01 — Under the authority of Diamond Bar Municipal Code Section 22.58, College Focus submitted a request to provide college counseling and tutoring services to high school age students. (Continued from April 28, 2009) PROJECT ADDRESS PROPERTY OWNER: 2040 Brea Canyon Road, Suite 230 Diamond Bar, CA 91765 Plaza Diamond Bar Partners LLC 3029 Wilshire Boulevard, Suite 202 Santa Monica, CA 90403 APPLICANT: College Focus 2040 Brea Canyon Road, Suite 230 Diamond Bar, CA 91765 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lee asked if liquor was sold near the site. Tami Schmitt, representing the property owner, responded that she believed the sushi restaurant sells only beer and wine. There is a liquor store at 2020 Brea Canyon Road in the building next to the subject site and an Indian Restaurant and Deli in the immediate area as well. There were no ex parte disclosures. Chair/Torng opened the public hearing. Mark Corkery, applicant, gave a background on the company and spoke about the business. He said the company had been located in Diamond Bar for the past three years. MAY 12, 2009 PAGE 3 PLANNING COMMISSION Mr. Corkery responded to C/Lee that the company assists high school students. C/Lee asked how close the business was to the liquor store. Mr. Corkery said he did not understand the reason for C/Lee's question because there is a business catering to a similar age group right next door to this business. Mr. Corkery said the sushi bar is no more than 30 yards from his door. The liquor store is not in the same building but in the building next door. Since this is a college counseling agency it has a lot to do with the students making decisions about colleges with parental support. Since the parents are paying for college they need to be involved with the process and many times are present at the counseling sessions. If Mr. Corkery is to assume that C/Lee's concern is whether students would have access to alcohol in his facility it would not be the case because parents are with the students. Chair/Torng asked Mr. Corkery if he read and concurred with the conditions of approval including the limitation of five students per session and Mr. Corkery responded affirmatively. There was no one present who wished to speak on this matter. C/Lee moved, VC/Nelson seconded, to approve Conditional Use Permit No. 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, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan, Shah 8. PLANNING COMMISSIONER COMMENTSIINFORMATIONAL ITEMS: None Offered. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ACDD/Gubman stated there would be a Planning Commission meeting on May 26. The only item on the agenda is consideration of the Capital Improvement Program for Fiscal Year 2009/2010 and to make the annual finding of General Plan consistency. The budget is scheduled to be considered by the City Council at its June 2 meeting. MAY 12, 2009 PAGE 4 PLANNING COMMISSION C/Torng reported that a Study Session for Site D Specific Plan E I R would be held on June 9. 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 7:16 p.m. The foregoing minutes are hereby approved this 26th day of May, 2009. Attest: Respectfully Submitted, Greg Gubma Acting Community Development Director ny Torng, Chair n