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Home My WebLink About12/14/2010MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION DECEMBER 14, 2010 CALL TO ORDER: Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Nelson led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack Shah, Vice Chairman Kathy Nolan and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; 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 Minutes of the Regular Meeting of October 12, 2010. C/Nelson moved, VC/Nolan seconded, to approve the October 12, 2010, minutes as amended by Chair/Torng. AYES: COMMISSIONERS: Lee, Nelson, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Shah ABSENT: COMMISSIONERS: None 4.2 Minutes of the Regular Meeting of October 26, 2010. C/Lee moved, VC/Nolan seconded, to approve the minutes as presented. Motion carried by the following Roll Call vote: DECEMBER 14, 2010 PAGE 2 PLANNING COMMISSION AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS 7. PUBLIC HEARINGS: None ►= Lee, Nelson, VC/Nolan, Chair/Torng None Shah None 7.1 Conditional Use Permit No. PL 2010-364 — Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant requested approval to operate a 1,000 square foot reading tutoring center for children ages 6 to 13 within Plaza Diamond Bar. The subject property is zoned C-2 (Community Commercial) PROJECT ADDRESS PROPERTY OWNER: APPLICANT: 2020 Brea Canyon Road, Suite A-5 Diamond Bar, CA 91765 Plaza Diamond Bar Partners 3029 Wilshire Boulevard #202 Santa Monica, CA 90403 Sean Kim 955 N. Creekside Drive Fullerton, CA 92833 PT/Tobon presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL 2010-364, based on the findings of fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Sean Kim, Applicant, responded to Chair/Torng that he read staff's report and concurred with the conditions of approval. Chair/Torng closed the public hearing. DECEMBER 14, 2010 PAGE 3 a PLANNING COMMISSION C/Shah asked if Mr. Kim was the owner of the business. Mr. Kim responded that his wife will handle the daily operation. Chair/Torng asked if 10 students were sufficient to support his business and Mr. Kim responded "yes." VC/Nolan moved, C/Nelson seconded, to approve Conditional Use Permit No. PL 2010-364, 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah said it was unfortunate he had to miss a couple of meetings due to a family matter. He wished everyone a Merry Christmas and Happy New Year. VC/Nolan wished everyone a Merry Christmas and Happy New Year. C/Nelson wished everyone Seasons Greetings and Happy Holidays. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future proiects. CDD/Gubman stated that staff received an inquiry today about what the City's regulations are on mobile food vendors. These businesses are permitted in the City. There is an approval process and there are applicable development standards. These vendors must obtain a City Business License and if they are going to locate in the City's right-of-way they need the appropriate encroachment permit and provide proof of liability insurance to indemnify the City. VC/Nolan said she had never seen the vendor. Would these types of businesses require the same regulations regarding the ABC restaurants? CDD/Gubman responded that the vendors would be subject to City permits and it would be their responsibility to obtain the Los Angeles County Health Department permits. C/Shah said he has seen these mobile units in his neighborhood and they have the health department sticker. DECEMBER 14, 2010 PAGE 4 PLANNING COMMISSION C/Nelson stated that the email addressing this issue claims that the owner of the "Get Shaved Ice" truck appeared before this Commission and that the response he received was that the person in charge of the Commission "has a problem with you and perhaps you can go through the process to obtain a permit." He does not recall that this business was before the Commission. CDD/Gubman said that did not happen at the City of Diamond Bar. C/Nelson referred to the second to last paragraph "please consider establishing a definitive process in which food trucks could apply for a proper permit." CDD/Gubman confirmed to C/Nelson the City already has that process. VC/Nolan asked if there were any issues of private car washes on the weekends and CDD/Gubman responded that the City allows car washes for non-profit and charitable purposes. Chair/Torng asked if (the mobile food vendors) can move around and do not have to stay in the same place all of the time to which CDD/Gubman responded that the City would need to receive the vendor's business plan and administer appropriate regulations. There are certain restrictions on residential zones and neighborhoods and there are regulations to ensure that they do not block any pedestrian foot travel or vehicle circulation. C/Lee asked if the vendors could do their business in a parking lot and CDD/Gubman said that if they do business in parking lots there is an approval process that requires approval from the property owner along with assurance that drive aisles, handicapped areas, etc., be kept accessible. Staff might approve private lot usage the same way in which it might approve a Christmas tree lot or parking lot sale, for example. CDD/Gubman stated that at last Tuesday's City Council meeting, by a 3-2 vote, the City Council accepted the WVUSD's request to change the Specific Plan from a mixed use project to 100 percent residential. The formal direction provided to staff was to continue processing this as a 200 -unit residential development with a minimum neighborhood park of two -acres. Staff will be amending the MOU with the school district to reflect the change in the land use palette for the site and staff is working on the contract amendment with the City's EIR consultant to make the necessary changes to the environment documents in order to bring the final revised version of the Site D Specific Plan to the City Council for approval in March 2011. C/Shah stated that the project he worked on last year, the Emergency Operations Center for the City of Moreno Valley was announced as the best project of the year for APWA. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. DECEMBER 14, 2010 PAGE 5 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:25 p.m. to January 11, 2011. The foregoing minutes are hereby approved this 11th day of January, 2011. Attest: Respectfully Submitted, Greg Gubma ,'--ICP Community Development Director • f ny Torng, Ch 'rman /J