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HomeMy WebLinkAbout3/9/2010MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 9, 2010 CALL TO ORDER: Chairman Torng 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: Vice Chairman Nelson led the Pledge of Allegiance. 1. ADMINISTRATION OF OATH OF OFFICE FOR PLANNING COMMISSIONERS — Administered by Tommye Cribbins, City Clerk 2. ROLL CALL: Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; David Alvarez, Assistant Planner; and Stella Marquez, Senior Administrative Assistant. 3. REORGANIZATION OF PLANNING COMMISSION — Selection of Chairman and Vice Chairman. C/Nolan nominated C/Torng to serve as Chairman. C/Shah seconded the nomination. There were no other nominations offered. C/Torng was elected to serve as Planning Commission Chairman by the following Roll Call vote: Nolan Yes Shah Yes Lee No Nelson Yes Torng Yes C/Nelson nominated C/Nolan to serve as Vice Chairman. C/Shah seconded the nomination. There were no other nominations offered. C/Nolan was elected to serve as Planning Commission Vice Chairman by the following Roll Call vote: Lee Yes Nolan Yes Shah Yes Nelson Yes Chair/Torng Yes 4. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. MARCH 9, 2010 PAGE 2 PLANNING COMMISSION 11 7 9. APPROVAL OF AGENDA: CONSENT CALENDAR: As presented. 6.1 Minutes of the Regular Meeting of February 9, 2010. C/Shah moved, C/Lee seconded, to approve the Minutes of the Regular Meeting of February 9, 2010, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS OLD BUSINESS: None NEW BUSINESS: None PUBLIC HEARINGS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng None None 9.1 Conditional Use Permit No. PL 2009-94 — Under the authority of Diamond Bar Municipal Code Section 22.58, Michael A. Navas submitted a request to operate a foot massage establishment under the business name Sakura 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 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: APPLICANT: 21343 Cold Spring Lane Country Hills Holdings, LLC 8115 Preston Road #400 Dallas, TX 75225 Michael A. Navas 1594 Deer Crossing Drive Diamond Bar, CA 91765 AP/Alvarez presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL 2009-94, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. MARCH 9, 2010 PAGE 3 PLANNING COMMISSION C/Shah commented that the drawings were not to scale. C/Lee asked if the 5' turning radius in the restroom facility was required for ADA conformity and AP/Alvarez responded yes. C/Lee asked how many foot massage facilities are now located in Diamond Bar. AP/Alvarez responded that one was recently approved by the Planning Commission which is located at Golden Springs and Brea Canyon Road and this approval would be the second such facility. C/Nelson asked if the health department requires on-site washer/dryer facilities to wash the towels. AP/Alvarez referred C/Nelson to the applicant and stated that staff does not require such on-site facilities. VC/Nolan asked AP/Alvarez if he was certain there was currently only one foot massage facility in Diamond Bar and he responded that he was not aware of other foot massage facilities. VC/Nolan asked how the shoulder massage portion works in tandem with foot massage because she felt the description of the business operation was somewhat vague. AP/Alvarez referred VC/Nolan to the applicant. There were no ex parte disclosures. Chair/Torng opened the Public Hearing. Michael Navas, applicant, offered to respond to Commissioner's questions. VC/Nolan asked the applicant to explain the business practices. SP/Lee responded that the primary business is foot massage and as an accompaniment to the foot massage, there will be some shoulder and arm massage. She said she has had a foot massage that involved shoulder and arm massage and it does not involve removal of clothing and is a relaxation procedure that may include some head massage as well. Mr. Navas explained that upon entering the treatment area, individuals are asked to soak their feet for about 15 minutes to prepare the feet for massage. At the same time, the practitioner will do a small amount of shoulder and head massage. After 15 minutes the practitioner massages the feet. SP/Lee stated that individuals receiving the treatments are in a large room. There are no separate individual rooms with doors. Individuals receiving the massage are seated and not lying down. C/Nelson asked how the towels would be cleaned and Mr. Navas responded that he did not know at this point if the health department would require a washer and dryer but they will be provided anyway. Chair/Torng closed the public hearing. MARCH 9, 2010 PAGE 4 PLANNING COMMISSION 10 11 VC/Nolan moved, C/Nelson seconded, to approve Conditional Use Permit No. PL 2009-94, 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, Shah, Nelson, VC/Nolan, Chair/Torng None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah congratulated his colleagues on their appointments and felt they were a good team. C/Lee congratulated Chair/Torng and VC/Nolan and said he and his colleagues offered their support. VC/Nolan thanked her colleagues for nominating her and said she looked forward to serving as Vice Chairman and also looked forward to the Planners Institute in Monterey. C/Nelson said he felt proud to be part of the Commission and felt he and his colleagues worked very well together. He congratulated Chair/Torng and VC/Nolan. Chair/Torng thanked his colleagues for honoring him with the Chairmanship for one more year. He hoped he and his colleagues would have a good working relationship to tackle the Site D project. STAFF COMMENTS/INFORMATIONAL ITEMS: 11.1 Public Hearing dates for future projects. CDD/Gubman said he enjoyed working with the Commissioners during the past year and looked forward to another two years of continuity and momentum. He hoped the Commissioners would see an upturn in activity during the next couple of years starting with Site D. In response to VC/Nolan's question about the number of foot massage facilities in the City, he believed that the Commission had approved four within the past year. One was approved and then the lease fell through. This facility was in the shopping center on Diamond Bar Boulevard just to the south of the Post Office. Another facility is located at the Market World Center and another at MARCH 9, 2010 PAGE 5 PLANNING COMMISSION the new commercial building at Banning Way and Golden Springs. Tonight's approval is the fourth such facility. CDD/Gubman announced that staff is planning to start the public hearing process to consider the EIR and adoption of the Specific Plan for Site D beginning April 13. He anticipated that the project hearing would run through at least two Planning Commission meetings. Once the Planning Commission makes its recommendation on the EIR, the matter will go to the City Council for another round of hearings. The final EIR will be posted on the City's Website very shortly. In addition, hard copies will be delivered to all Commissioners and to state agencies, and the document will be made available to the public as well. CDD/Gubman reported that the City is contemplating purchase of the former Allstate Insurance building across the street from the AQMD/Government Building to potentially house City Hall and other tenants such as the County Library. As part of the due diligence, the Planning Commission will be asked at its March 23 meeting to make a finding of General Plan consistency to consider this purchase and to make a CEQA determination. If the Planning Commission finds in the affirmative, and at the direction of City Council, staff will take further steps in the feasibility study. This is a public transparent/open process. CDD/Gubman stated that on March 23 staff will present the Commission with a new ordinance for the regulation of group homes in the City of Diamond Bar, as the City nears the end of its moratorium that took effect on August 2008. CDD/Gubman indicated that Commissioners attending the Planners Institute in Monterey March 24 through March 26 have been provided an itinerary with the flight and hotel accommodation information. Commissioners who have questions should contact CDD/Gubman or SAA/Marquez. VC/Nolan asked if the goals of the Site D EIR were amended after the Heritage Park meeting. CDD/Gubman said that he will provide information for information purposes only and the Commission is not to deliberate or deliver any comments at this time. CDD/Gubman said that comments were received on the EIR and the Final EIR provides a detailed response to the comments. There were comments by the public and some questions involving the environmental analysis to which staff has responded. Many of the comments were regarding the merits of the project which is controversial in that several residents are opposed to the commercial component which comprises half of the 30 -acre project. Some are opposed to any development at all except for park purposes. The EIR provides an unbiased, MARCH 9, 2010 PAGE 6 PLANNING COMMISSION objective, and quantitative analysis of the impacts of the proposed project along with various alternatives. The decision the Commission will be making is whether that environmental analysis of those alternatives is adequate. With respect to the proposal that staff is recommending, the specific physical plan and/or text have not changed in terms of its fundamentals. CDD/Gubman continued that staff is continuing with the land use plan that was initially presented to the public with some changes to be addressed. The public hearing process will explain in more detail why staff's recommendation is for the particular project. This will be the first time that the project merits are up for debate and deliberation. 12. 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 7:35 p.m. The foregoing minutes are hereby approved this 23rd day of March, 2010, Attest: Respectfully Submitted, Greg Gubman Community Development Director I<T i orng, Charrrrran