Loading...
HomeMy WebLinkAbout11/10/2009PLANNING COMMISSIOI FILE COPY AGENDA November 10, 2009 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Tony Torng Steve Nelson Kwang Ho Lee Kathleen Nolan Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21825 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. l i) rllj.-Il IT Please refrain from smoking, eating or , nu Ulty Ul uiarnunu Dai uoua lv�yulcu Pup— drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info@ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, November 10, 2009 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2009-25 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman Steve Nelson, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (completion of this form is voluntary) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: October 13, 2009. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Comprehensive Sign Program 2009-01 Under the authority of DBMC Section 22.36.060, the applicant is requesting 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 LOCATION: Gateway Corporate Center at Copley Drive and 'Gateway Center Drive. NOVEMBER 10, 2009 PROPERTY OWNER: PAGE 2 PLANNING COMMISSION AGENDA 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 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15311(a) (on -premise signs) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Comprehensive Sign Program 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Conditional Use Permit No. 2009-08 - Under the authority of DBMC Section 22.58, ZhongGuo Li has submitted a request to operate a massage establishment in 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 a.m. to 10 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: PROPERTY OWNER Diamond Creek Village 21014 Golden Springs Drive #D3 Diamond Bar, CA 91789 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 91789 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA NOVEMBER 10, 2009 91 a 10. PAGE 3 PLANNING COMMISSION AGENDA pursuant to the provisions of Article 19 Section 15301 (Existing Facilities) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2009-08, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects: SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: PARKS AND RECREATION COMMISSION MEETING: PLANNING COMMISSION MEETING: VETERANS DAY TRAFFIC AND TRANSPORTATION COMMISSION MEETING: 11. ADJOURNMENT: Tuesday, November 17, 2009 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, November 19, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, November 24, 2009 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Wednesday, November 11, 2009 In observance of the holiday, City offices will be closed. City offices will re -open on Thursday, November 12, 2009, at 7:30 a.m. Thursday, November 12, 2009 7:00 p.m. Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 13, 2009 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: Commissioner Shah led the Pledge of Allegiance. 1. 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 Katherine Laufenburger, 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 September 22, 2009. C/Shah moved, C/Nolan seconded, to approve Regular Meeting Minutes of September 22, 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, Nolan, Shah, VC/Nelson Chair/Torng None None OCTOBER 13, 2009 PAGE 2 7. PUBLIC HEARINGS: PLANNING COMMISSION 7.1 Conditional Use Permit No. 2009-07 - Under the authority of Diamond Bar Municipal Code Section 22.58, Mathnasium of Diamond Bar submitted a request to provide math tutoring for students between 6 and 17 years of age. PROJECT ADDRESS PROPERTY OWNER APPLICANT: 2020 Brea Canyon Road, A-3 Diamond Bar, CA 91765 Plaza Diamond Bar Partners, LLC 3029 Wilshire, Suite 202 Santa Monica, CA 90403 Terry Liu 3728 Missouri Street West Covina, CA 91792 PT/Tobon presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2009-07, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Nelson asked if all of the buildings were on separate parcels. AP/Tobon responded that building 2020 and 2040 are on the same parcel. Parking is reciprocal because it is all under the same ownership. There were no ex parte disclosures Chair/Torng opened the public hearing. Terry Liu, applicant, explained that he was opening a math tutoring center. Mathnasium is a franchise with about 170 centers in the United States and about 100 outside of the United States. Every program is specific to the student. Students visit the center twice a week for about an hour each session. This program focuses on filling the gaps and assisting students with their school homework. C/Lee asked Mr. Liu to repeat the students' ages and Mr. Liu responded that the sessions are for grades second through twelfth. Chair/Torng asked if Mr. Liu agreed with staff's conditions for the approval and Mr. Liu explained that he was fine with the conditions as written. OCTOBER 13, 2009 PAGE 3 PLANNING COMMISSION Mo Salimxua, operator, Chevron Station at Pathfinder and SR/57 asked if this was intended to be a school and asked if students would be going in and out. PT/Tobon explained that this is a tutoring center and students would visit the property after school hours when parents drop them off for their session and picked up after the session. Chair/Torng closed the public hearing. C/Lee said he went to Los Angeles and visited a tutoring center and when he came out of his business at about 6:00 p.m. about 16 or 17 kids were gathered together and smoking. He asked the security guard to warn the kids and the security agent told him not to bother the young folks. C/Lee asked Mr. Liu if he had a way to supervise the kids gathered outside of his establishment. Mr. Liu responded that parents sign an agreement that they will pick up their kids after the class because his franchise does not want the liability of students hanging around outside of the center. There is a waiting area inside where children remain until their parents pick up their kids. If he were to see anything unusual he would talk with the student and the parents and would counsel them on proper behavior. C/Nolan moved, VC/Nelson seconded, to approve Conditional Use Permit No. 2009-07, 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, Nolan, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Comprehensive Sign Program No. 2008-03 — Under the authority of Diamond Bar Municipal Code Section 22.36.060, the applicant requested approval of a comprehensive sign program for Golden Springs Plaza. The new sign program includes design standards for building mounted signs on the first and second floors, and one monument sign on Golden Springs Drive to provide signage for existing and future tenants in the new building. PROJECT ADDRESS: 20657 Golden Springs Drive Diamond Bar, CA 91765 OCTOBER 13, 2009 PAGE 4 3 0 PROPERTY OWNER: PLANNING COMMISSION Lin Yan Management 18856 Amar Road, Suite 6 Walnut, CA 91789 APPLICANT: Signs Express 1438 Santa Anita Avenue South EI Monte, CA 91733 SP/Laufenberger presented staff's report and recommended Planning Commission approval of Comprehensive Sign Program No. 2008-03, 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. Terry, applicant, said he was present to answer any questions the Commission might have. He confirmed to Chair/Torng that he would comply with all conditions imposed by staff. Chair/Torng closed the public hearing. C/Nolan moved, VC/Nelson seconded, to approve Comprehensive Sign Program No. 2008-03, 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, Nolan, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman reported that staff researched the Thai Harmony Cafe sign at the 7 -Eleven Center at the request of VC/Nelson. There was no original OCTOBER 13, 2009 PAGE 5 PLANNING COMMISSION permit issued for neon when that sign cabinet was first installed and as a result, code enforcement has issued a courtesy notice which is the first step in the enforcement process requiring removal of the neon. Staff will follow through and hope to get compliance without having to escalate the enforcement process further. CDD/Gubman stated that tomorrow morning the LAFCO Commission will decide whether or not to grant final approval for the Crestline annexation. Staff anticipates the approval will be granted. Tomorrow is the protest hearing which allows Crestline residents to formally protest the annexation into the City of Diamond Bar and staff does not anticipate any opposition because the annexation was initiated at the request of many Crestline residents who wished to become part of Diamond Bar. Staff will provide a follow up report to the Commissioners following tomorrow's decision. 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 7:22 p.m. The foregoing minutes are hereby approved this 10th day of November, 2009. Attest: Respectfully Submitted, Greg Gubman Community Development Director Tony Torng, Chairman PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839 -7030 --FAX (909) 861-3117--www.cityofdiamondbar.com AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST ZONING DESIGNATION GENERAL PLAN DESIGNATION: PROPERTY OWNERS: APPLICANT: 7.1 November 10, 2009 Comprehensive Sign Program No. 2009-01 Gateway Corporate Center To amend the existing sign program for Gateway Corporate Center to include four (4) new center identification signs at the two entries into the development. Community Commercial (C-2) General Commercial (C) The Muller Company Sandra Deeds 2900 Adams Street Suite B30-1 Riverside, CA 92504 JB3D Adam Burrows 731 N. Main Street Orange, CA 92868 STAFF RECOMMENDATION: Approve, subject to conditions BACKGROUND: A. Site Description Gateway Corporate Center is located off of Copley Drive and Gateway Center Drive, on the south side of Golden Springs Drive. The center consists of 30 separately owned parcels developed with office buildings that provide various services. Gateway Corporate Center is zoned Professional Office (OP) with a consistent underlying General Plan designation of OP. All properties within the Gateway Corporate Center are part of a master association governed by CC&Rs. The original sign program for the Gateway Corporate Center allows for building mounted signage and monument signs for identification of individual parcels, currently there are no standards in place for center identification signs at the entries to Gateway Corporate Center, B. Review Authority (Diamond Bar Municipal Code Section 22.36.060) Major revisions to an approved comprehensive sign program require Planning Commission approval. ANALYSIS: A. Proiect Description The comprehensive sign code amendment involves adding standards for two (2) pairs of freestanding center identification signs to assist in identifying the location of the center to traffic on Golden Springs Drive. The freestanding signs are proposed to be located on either side of the Gateway and Copley Drive entrances, and set back a minimum of 10 feet from the curb face. The signs will be a smooth, durable, non -weathering material with a rectangular sign face. The lettering will be fabricated from non-ferrous metals or acrylic with either halo lighting or low profile uplighting. The proposed heights of the signs are eighteen (18) feet at Gateway Center Drive and fourteen (14) feet at Copley Drive. Graphics of the proposed signs are provided below. 6AIEWAY4 6AIEWAY CORPORATE CORPORATE CENTER CENTER Page 2 2009-01 Visual simulation from Gateway Center Drive Visual simulation from Copley Drive BASIS FOR STAFF RECOMMENDATION: The proposed design of the monument signs takes into consideration the location in which they will be situated and the surrounding topography. The height of each sign allows for it to be easily seen by passing traffic and stand out from the ascending slopes at each corner. The signs will also assist in locating the Gateway Corporate Center, as currently there is no center identification signage at the two streets that lead into the center. The high quality materials and clean design are consistent with applicable City codes. Additionally, the proposed signs pose no direct impact on adjacent properties and do not compromise vehicular visibility, or pedestrian safety. The proposed orientation and placement of the signs promotes good visibility for the subject uses on the property without compromising vehicular or pedestrian safety. The proposed illumination of halo lighting or uplighting is more subdued than typical internally lit letters, which is sensitive to traffic traveling on Golden Springs Drive. Page 3 CSP 2009-01 NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site, and the notice was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on October 30, 2009. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15311(a) (on—premise signs) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Comprehensive Sign Program No. 2009-01 based on the findings set forth under Section 22.48.060 of the Development Code, subject to conditions. Prepared by: Reviewed by Katherine Laufenburger Greg Gubman, AICP Senior Planner Community Development Director Attachments: 1. Draft Resolution of Approval for CSP 2009-01 2. Aerial Photo 3. Amended Comprehensive Sign Program 2009-01 Page 4 CSP 2009-01 PLANNING COMMISSION RESOLUTION NO. 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF COMPREHENSIVE SIGN PROGRAM NO. 2009.01, AN AMENDMENT TO THE EXISITNG COMPREHENSIVE SIGN PROGRAM TO ALLOW FOR NEW FREESTANDING CENTER IDENTIFICIATION SIGNS AT THE TWO ENTRIES INTO THE CENTER, LOCATED AT GATEWAY CENTER DRIVE AND COPLEY DRIVE, DIAMOND BAR, CA. A. RECITALS. The applicant, Adam Burrows with JB3D, has filed an application for Comprehensive Sign Program No. 2009-01, an amendment to the existing comprehensive sign program for Gateway Corporate Plaza located at Copley Drive and Gateway Center Drive in Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Comprehensive Sign Program shall be referred to as the "Application." 2. Property owners within a 700 -foot radius of the project site were notified by mail and a public hearing notice for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on October 30, 2009. Additionally, public hearing notices were posted in three public spaces at least 10 days before the public hearing. 3. On November 10, 2009, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that this project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15311(a) (on—premise signs) of the CEQA Guidelines. No further environmental review is required. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: The proposed project is consistent with the required comprehensive sign program findings contained in Section 22.36.060 of the Development Code as follows: a. The Comprehensive Sign Program satisfies the purpose and the intent of Section 22.36.010 of the Development Code. b. The signs enhance the overall development, and are visually related to the topography of the site. The colors and materials of the signs provided a consistent and compatible design to provide the identification necessary for the center. C. The amendment to the comprehensive sign program accommodates future revisions that may be required due to future changes to the center. The amended sign program contains standards and guidelines that the new monument signs are required to meet. d. The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes of this chapter. The comprehensive sign program standards will provide an aesthetically appealing quality that will enhance the overall appearance of Gateway Corporate Center. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the Planning Commission hereby approves the Application subject to the following conditions: a. The signs, as authorized under the amended comprehensive sign program amendment, shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. b. Prior to construction of the approved signs the applicant shall obtain a sign permit with the Planning Division and building permits from the Building and Safety Division. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail 2 Planning Commission Resolution No. 2009- to Applicant, JB3D c/o Adam Burrows, 731 N. Main St. Orange, CA 92868, and The Muller Company, c/o Sandra Deeds, 2900 Adams Street Suite B30-1 Riverside, CA 92504. 3 Planning Commission Resolution No. 2009- APPROVED AND ADOPTED THIS 10" DAY OF NOVEMBER 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. MIN Tony Torng, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th of October 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: Greg Gubman, Secretary 4 Planning Commission Resolution No. 2009- COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Comprehensive Sign Program No. 2009-01 SUBJECT: Gateway Corporate Center Comprehensive Sign Program Amendment PROPERTY OWNER: Represented by The Muller Company APPLICANT: J133D, Adam Burrows LOCATION: Gateway Corporate Center, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Comprehensive Sign Program No. 2009-01 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including 5 Planning Commission Resolution No. 2009- reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Comprehensive Sign Program No. 2009-01, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Comprehensive Sign Program No. 2009-01 shall expire within two years from the date of approval if the use has not been exercised 6 Planning Commission Resolution No. 2009- as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Lights shall be fluorescent. End 7 Planning Commission Resolution No. 2009- r. 4. 4 S p �• r r tmu -� -U «r r �� „Ar • .,. Au y ., 1 `�3IFL M 4.923 f � J L 5.0 SIGN GUIDELINES � For L 5.1 DESIGN OBJECTIVES To provide for adequate and aesthetically pleasing On -Building and Ground Mounted Signage in conformance with the provisions set forth in the City of Diamond Bar Sign Ordinance. The intent of this Planned Sign Program is to produce uniform standards for all signage required by the project known as Gateway Corporate Center. L 5.2 DESIGN REQUIREMENTS 5.2.1 Signs and business identification devices cannot be used for advertising of any kind including, but not limited to, advertising of products, services or job openings. 5.2.2 Tenant signs attached to the building shall be formed by individual letters and shall be surface mounted. No "raceways" or other visible means of attachment may be used. All signs shall be single -line -of -copy signs. Two-line signs may be allowed subject to review and approval of Gateway Corporate Center Planning Review Board. No "cabinet signs" or signs painted directly on the building will be permitted. Signs may not be located closer than one third of the sign height to any building edge or major architectural feature. 5.2.3 All signing must have written approval of both Gateway Corporate Center Planning Review Board or its designee and the City of Diamond Bar to be implemented. L 5.3 SIGN DESCRIPTIONS The following describes the types of signs allowed within the project. The tenant is referred to their lease agreement or rider attached to this document to determine the types of signs allowed, if any, for their premises. Any tenant specific signage shall be fabricated and installed at tenant's sole expense. All existing signage approved prior to these new guidelines will be grand fathered and will not be required to adhear to the following guidelines. 5.3.1 Ground Mounted Building Address/Tenant I.D. @ Individual Lots. This sign type is provided for ground mounted project identification at individual lots. One sign will be permitted adjacent to lot entrance within the landscape setback area. All monument signs must not exceed sizes shown in exhibit XX. The sign face may be composed of two (2) colors as a maximum. The sign may display one tenant name, as a maximum. See exhibit XX for additional criteria. GATEWAY CORPORATE CENTER DIAMOND BAR 81 11/20/03 5.3.2 Combined Legal Notice Sign. This sign type is provided for towing of an improperly parked vehicle on the project. This sign combines handicap, fire lane and private property parking regulations. This sign type shall be cut from aluminum plate and attached to an aluminum post. All graphics shall be high performance vinyl. 5.3.3 I.D. Sign at Office Entry Window Glass A tenant may be permitted, if allowed by building owner, one identification and information sign on the tenants individual front window adjacent to tenants main exterior entry door. Graphics will be limited to white high performance self-adhesive vinyl. The maximum area for the sign will be a 24" X 24" square. Lettering shall not exceed 4" in height and logos shall not exceed 10" in height. Supportive text shall be limited to 1" tall lettering set in legend form. The graphics shall be centered vertically at 60" and must be at least 4" from any edge of glass. 5.3.4 On -Building Signage Graphics shall be fabricated from non-ferrous metals. Graphics crossing over horizontal reveals are discouraged. Colors of graphics will be subject to the approval of Gateway Corporate Center or its Designee. A maximum of three building signs, Eyebrow and/or Top -of -Building, may occur on an elevation. A maximum of four (4) total on -building tenant signs, Eyebrow and/or Top -of -Building, may occur on a building, subject to the following criteria. a. Multi -Tenant (Eyebrow) On -Building Tenant I.D. The maximum area for this sign type is twenty (20) square feet. Individual letters shall not exceed 12" in height or 16' in overall length for each tenant. Logos shall not exceed 18" in height. Sign is recommended to be project typestyle only, use of logos is discouraged. Up to three "Eyebrow" tenant signs may occur on each building. Each Eyebrow sign must be spaced at least forty (40) feet from each other. Only one Eyebrow sign may occur at a building corner unless the signs are spaced at least fifteen (15) feet apart. This sign type shall be non -illuminated. b. Primary Tenant/Hotel Top -of -Building Tenant I.D. The maximum area for this sign type is one hundred (100) square feet. Individual letters shall not exceed 24" in height or 40' in overall length for each Lenant. Logos shall not exceed 60" in height. Only one primary sign may occur at a building corner. Up to two signs will be permitted on each two story building. Up to three signs will be permitted on each three story building. Two signs may be permitted on a single elevation as long as both signs are at least One Hundred Twenty Five feet (125') apart. In the event that two signs are placed on a single elevation, each sign may not exceed Fifty (50) square feet. This sign type may be face or halo -illuminated. GATEWAY CORPORATE CENTER DIAMOND BAR 82 11/20/03 SIGN REQUIREMENTS COPY LIMITED TO PROJECT NAME OR TENANT NAME & ADDRESS: INDIVIDUAL LETTERS w & NUMERALS SIGN BODY TO BE NATURAL COLOR MEDIUM SANDBLASTED CONCRETE OR PAINTED CONCRETE TO MATCH BUILDING COLOR. COLOR SUBJECT TO APPROVAL OF GCC PLANNING REVIEW BOARD. GATEWAY CORPORATE CENTER DIAMOND BAR EXHIBIT XX 4/8/02 J L► � r 5.3.5 Ground Mounted Main Entry Project I.D. This sign type is provided for ground mounted center identification at main entries. Two 18 ft tall signs will be permitted at the corner of Golden Springs Drive and Gateway Center Drive within the landscape setback area (Exhibit XX1, XX3). Two 14 ft tall signs will be permitted at the corner of Golden Springs Drive and Copley Drive within the landscape setback area (Exhibit XX2, XX4). All monument signs must not exceed sizes shown in exhibit XX1 and XX2. The sign face may be composed of two (2) colors as a maximum. See exhibit XX1 and XX2 for additional criteria. GATEWAY CORPORATE CENTER DIAMOND BAR 82'1 ADDED 09/23/09 SIGN REQUIREMENTS Purpose: To identify the center name. Maximum Number: Two Location: Behind property lines within the landscape setback area. Located at the corner of Golden Springs Drive and Gateway Center Drive. See exhibit XX3. Orientation: Perpendicular or parallel to street, or angled toward intersection. Sign Copy: Project name only. Maximum Sign Height: 18'-0" Max. Maximum Sign Width: 8'-0" Max. Maximum Sign Panel Size: 144 square feet. Maximum Letter Size: 15" inches high. Sign Construction/Material: Smooth, durable, non -weathering, rectangular sign face; w/ lettering fabricated from nonferrous metals or acrylic. All framing and hardware shall be of nonferrous metals. Illumination: Halo (indirect / silhouette) or face permitted. Exposed neon lighting is not permitted. External, low profile, floodlighting is permitted. Logo: Not permitted. Letterstyle: Lettering must be approved by the Gateway Corporate Center Planning Review Board. Color: Sign face may be composed of two (2) colors as a maximum. Approval: All signs must have written approval of both Gateway Corporate Center Planning Review Board or the City of Diamond Bar to be implemented. GATEWAY CORPORATE CENTER DIAMOND BAR 83■1 EXHIBIT XX1 ADDED 9/23/09 J L � r O -U-- (IVIAX) X a 0 00 GATEWAY CORPORATE CENTER DIAMOND BAR 83■1 EXHIBIT XX1 ADDED 9/23/09 J L � r SIGN REQUIREMENTS Purpose: Maximum Number: Location: Orientation: Sign Copy: Maximum Sign Height: Maximum Sign Width: Maximum Sign Panel Size: Maximum Letter Size: Sign Construction/Material Illumination: Logo: Letterstyle: Color: Approval: To identify the center name. Two Behind property lines within the landscape setback area. Located at the corner of Golden Springs Drive and Copley Drive. See exhibit XX4. Perpendicular or parallel to street, or angled toward intersection. Project name only. 14'-0" Max. 6'-0" Max. 84 square feet. 12" inches high. Smooth, durable, non -weathering, rectangular sign face; w/ lettering fabricated from nonferrous metals or acrylic. All framing and hardware shall be of nonferrous metals. Halo (indirect / silhouette) or face permitted. Exposed neon lighting is not permitted. External, low profile, floodlighting is permitted. Not permitted. Lettering must be approved by the Gateway Corporate Center Planning Review Board. Sign face may be composed of two (2) colors as a maximum. All signs must have written approval of both Gateway Corporate Center Planning Review Board and the City of Diamond Bar to be implemented. GATEWAY CORPORATE CENTER DIAMOND BAR EXHIBIT XX2 ADDED 09/23/09 6'-0" (MAX) J L► 83.2 � r PROPOSED MONUMENT LOCATIONS SIGNS TO BE LOCATED MIN. 10 FEET FROM FACE OF CURB AND 2 FEET FROM BACK OF SIDEWALK. FULLY DIMENSIONED LOCATION PLANS, SHOWING SET BACK DISTANCE FROM STREET, SHALL BE PROVIDED WHEN PLANS ARE SUBMITTED FOR SIGN PERMIT. J Ll GATEWAY CORPORATE CENTER DIAMOND BAR 83.3 r EXHIBIT XX3 ADDED 9/23/09 rKvrvJtL! IVIUINUIVItN I LVI,/HI IVINJ SIGNS TO BE LOCATED MIN. 10 FEET FROM FACE OF CURB AND 2 FEET FROM BACK OF SIDEWALK. FULLY DIMENSIONED LOCATION PLANS, SHOWING SET BACK DISTANCE FROM STREET, SHALL BE PROVIDED WHEN PLANS ARE SUBMITTED FOR SIGN PERMIT. GATEWAY CORPORATE CENTER DIAMOND BAR 83.4 EXHIBIT XX4 ADDED 9/23/09 ala) CID_ ala) m L O l G 1 PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 -- FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER: 7.2 November 10, 2009 Conditional Use Permit No. 2009-08 Diamond Creek Village 21014 Golden Springs Drive Unit D-2 & D-3 To establish a 2,182 square foot massage establishment that will provide massage and foot care services provided by professionally trained technicians, within an existing shopping center. Lakeview Village Corporation 12901 Harbor Boulevard, Suite A-5 Garden Grove, CA 92840 APPLICANT: ZhongGuo Li 21044 Golden Springs Dr. Diamond Bar, CA 91789 STAFF RECOMMENDATION: Approve subject to conditions. BACKGROUND: A. Project Description Delight Beauty Salon is currently an operating business at the Diamond Creek Village shopping center. The current services offered consist of the sale of cosmetics, skin treatment, facial treatments, pedicures and manicures, and waxing within a 2,182 square foot lease space. The proposed location will expand the number of massage services offered to include foot and body massage. The applicant proposes to relocate into a 2,182 square foot space. The proposed floor plan includes a large open room with fifteen (15) foot massage chairs, a lobby, four (4) separate massage rooms created with eight -foot high partition walls, two (2) storage rooms and two (2) restrooms at the rear of the space. Proposed business hours are Monday through Sunday from 9:00 am to 10:00 pm. (Due to the nature of business and the times that have been approved to similar types of businesses in the past, staff recommends limiting the business hours to 9:00 am to 9:00 pm.) B. Site Description The project site is located within Diamond Creek Village, a 113,967 square -foot commercial center comprised of eight parcels of land totaling approximately 9.84 acres at the southwesterly corner of Golden Springs Drive and Brea Canyon Road. Current tenants at the Diamond Creek Village include a supermarket, bank, and various restaurant, retail, and services uses. The applicant proposes to locate Delight Beauty Salon within two lease spaces in the west segment of the center. Proposed tenant improvements will include combining the two shop spaces into a single lease area. C. Site and Surrounding General Plan, Zoning and Use ANALYSIS: Page 2 CUP 2009-08 General Plan Zoning District Land Use Designation Site General Commercial C-2 Multi -tenant CommercialCenter North General Commercial C-2 Gas Station, Drive-Thru and Freewa On and Off Ram South Low -Medium RLM Residential Residential East Low -Medium RLM Residential and Gas Station Residential West Medium Density RL Residential Residential ANALYSIS: Page 2 CUP 2009-08 A. B. Application and Review Authority (Code Sections 22.58 and 22.10.030- Table 2 10 030 - Table 2-6 A Conditional Use Permit (CUP) is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. The C-2 zone requires approval of a CUP for businesses offering massage service. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and general welfare, then it must deny request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. That being the case, if the owners of the proposed massage business were to close the business after it has begun operating, a new tenant could locate in the space and operate the same type of massage establishment. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to increase the services provided without full review and approval by the Planning Commission, and potentially the City Council. Business Regulations for Massaqe Establishments (DBMC Section 5.08.070 and SB 731) Massage establishment operators and technicians are required to undergo a background investigation prior to obtaining a business license and are also held to strict guidelines pertaining to the qualification of massage technicians, hours of operation and access into the business, cleanliness of the business, and dress requirements. Section 5.08.070 of the Diamond Bar Municipal Code has been attached for a complete outline of regulations. California Senate Bill 731 provides certification for massage therapists and practitioners by registering for California Massage Therapy Council (CAMTC) certification. This organization requires massage therapists and practitioners to meet specific State requirements, such as an age requirement of 18 years, a minimum amount of education and training hours, and fingerprint and background checks by the Department of Justice. Once a business is certified by the CAMTC, they are no longer required to meet any City and/or County requirements other than obtaining a business license. The applicant and massage technicians have submitted their applications for State certification. Due to heavy caseload at this time, resulting in long delays in application processing for CAMTC certification, the applicant chose to concurrently Page 3 CUP 2009-08 go through the City's CUP process in order to be able to expand their business while awaiting CAMTC approval. C. Compatibility Diamond Creek Village shopping center has a diversity of uses, including a supermarket, bank, restaurants, and other retail and service uses. As such, the operational characteristics of Delight Beauty Salon are compatible with the existing and future uses in the shopping center. D. Business Hours As described previously, the applicant has requested that the City allow the business to be open until 10:00 pm. However, staff recommends limiting the hours of operation from 9:00 am to 9:00 pm due to the nature of the business, and to be consistent with the hours of operation that were previously approved for businesses with similar services. E. Parking Shopping centers over 50,000 square feet in size are required to provide 1 parking space for every 300 square feet of gross floor area. With a total of 113,967square feet of building area, the shopping center is required to provide a minimum of 380 parking spaces for the entire center. Diamond Creek Village exceeds this requirement by providing 429 spaces (a surplus of 49 spaces). One of the purposes of the CUP process is to consider potential impacts the proposed use may have on parking in the shopping center. Delight Beauty Salon has twenty three (23) treatment areas that can be used at any one time and has at most ten (10) technicians on duty during business hours resulting in a total of thirty three (33) spaces occupied when all treatment areas are in use. Therefore, staff does not foresee any parking issues resulting from the proposed use. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA, as set forth under Article 19 Section 15301(a) (Existing Facilities) of the CEQA Guidelines. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on October 30, 2009, as prescribed by law. Public hearing notices were mailed to property owners within a 700 -foot radius of the project site and the public notice was posted in three public places. PUBLIC COMMENTS: Staff received inquiries in regards to the nature of the business. In response to the inquiries, staff contacted the Los Angeles County Sheriff's Department, who determined Page 4 CUP 2009-08 that no illicit activities are taking place. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2009-08, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: Natalie Tobon Planning Technic n Attachments: 1. Draft Resolution 2. Site Plan and Floor plan 3. Diamond Bar Municipal Code Section 5.08.070 4. Business Description 5. Aerial by: woman, AIU-, unity Development Director Page 5 CUP 2009-08 PLANNING COMMISSION RESOLUTION NO. 2009 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. 2009-08, A REQUEST TO ESTABLISH A MASSAGE ESTABLISHMENT AT 21014 GOLDEN SPRINGS DRIVE Unit D-2 & D-3 (ASSESORS PARCEL NO. 8763-008-022). A. RECITALS Property owner, Lakeview Village Corporation and applicant, ZhongGuo Li, have filed an application for Conditional Use Permit No. 2009-08 to allow a massage establishment that specializes in foot and body massage therapy to take place at 21014 Golden Springs Drive Unit D-2 and D-3, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Proposed Use." 2. On October 30, public hearing notices were mailed to property owners within a 700 -foot radius of the Project Site. Notification of the public hearing for the Proposed Use was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Also, the Project Site was posted with a display board and the public notice was posted in three public places on October 30, 2009. 3. On November 10, 2009, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Proposed Use. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission has determined the Application to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with the provisions of Article 19 Section 15301(a) of the CEQA Guidelines (Existing Facilities). No further environmental review is required. 3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: a. The Proposed Use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. Pursuant to Diamond Bar Municipal Code (DBMC) Section 22.10.030, Table 2-6, massage therapy is permitted in the C-2 zoning district with approval of a conditional use permit. Additionally, the Proposed Project complies with DBMC 5.08.070, Operating Requirements for Specific Business Regulated, and other applicable provisions of the Development Code and Municipal Code as proposed and through compliance with the conditions of approval at the time the proposed use is established and in operation thereafter. b. The Proposed Use is consistent with the General Plan and any applicable specific plan. The Proposed Use is compatible with the surrounding neighborhood and consistent with General Plan Strategy 1.3.3: "Encourage neighborhood serving retail and service commercial uses" The subject property is not located within a specific plan area. c. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity. The Proposed Use is located within a multi -tenant commercial center occupied by a various retail, restaurants, and service uses. As such, the operational characteristics are compatible with the existing and future land uses in the vicinity. d. The subject site is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The Project Site is located within an existing commercial building that is developed for the use of retail and office type uses. The Proposed Use provides a service that is compatible with the other uses that operate within the subject property. e. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The Proposed Use shall, at all times, be subject to the requirements of the Diamond Bar Building Code, and those of all other applicable regulatory agencies, such as the Occupational Safety and Health Administration (OSHA). The referenced agencies, through the permit and inspection process, will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 4 Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: 2 Planning Commission Resolution No. 2009 -XX Planning Division (a) The establishment is approved as a massage therapy business specializing in foot and body massage as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit 2009-08 dated November 10, 2009, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to the provision of the following services: L Sale of cosmetic products ii. Skin health treatments iii. Foot and body massage iv. Waxing (b) The Use shall comply with all requirements of Section 5.08.070 of the Diamond Bar Municipal Code as applicable. (c) The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. (d) An application for a massage technician license shall be submitted with all required documentation as outlined in Section 5.08.070 of the DBMC. Before a license is granted and at such time the Director deems appropriate, the technician shall be subject to a background investigation to verify that he or she has not been convicted of any crime related to the provision of massage services. Alternatively, registration with the California Massage Therapy Council (CAMTC), as prescribed under SB 731, shall fulfill the background investigation requirements. (e) This Conditional Use Permit shall be valid only for 21014 Golden Springs Drive Unit D-2 and D-3. If the Proposed Use moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. (f) The hours of operation shall be limited to 9:00 a.m. to 9:00 p.m., seven (7) days a week. Any changes to these hours of operation shall be subject to staff review and require an amendment to the approved CUP. (g) No changes to the approved scope of services comprising the Use shall be permitted unless the applicant first applies for an amendment to this CUP, pays all application processing fees and received approval from the Planning Commission and/or City Council, unless expressly exempt from these requirements pursuant to California Senate Bill 731. 3 Planning Commission Resolution No. 2009 -XX (h) There shall be no more than fifteen massage chairs within the open area and eight massage tables within the four massage rooms as depicted on the approved floor plan. Any proposed changes to the floor plan shall require Planning Division review and approval, unless expressly exempt from these requirements pursuant to California Senate Bill 731. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: ZhongGuo Li 21044 Golden Springs Drive, Diamond Bar, CA 91789, and Lakeview Village Corporation 12901 Harbor Boulevard, Suite A-5, Garden Grove, CA 92840. APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER, 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Tony Torng, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of November 2009, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 4 Planning Commission Resolution No. 2009 -XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT M Conditional Use Permit No. 2009-08 SUBJECT: Massage establishment specializing in bodv and foot massage therapy APPLICANT: ZhongGuo Li LOCATION: 21014 Golden Springs Drive Unit D-2 & D-3, Diamond Bar, CA 91789 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2009-08 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. 5 Planning Commission Resolution No. 2009 -XX The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2009-08 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, priorto issuance of building or grading permit (whichever come first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining 6 Planning Commission Resolution No. 2009 -XX prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. The plans submitted must reflect the proposed construction and be wet ink signed by the design professional under whose supervision the documents were prepared. 6. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 7 Planning Commission Resolution No. 2009 -XX 7. This project shall comply with the energy conservation requirements of the State of California Energy Commission. 8. Verify adequate exit requirements. The distance between required exits shall be'/Z of the building diagonal. 9. Please submit a total of 3 full set of plans for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. END 8 Planning Commission Resolution No. 2009 -XX 6G%'mama' gAa @mmEoz | o § - -NVId ao % Qas do (d \ ' ®"AL\2) IN3W3AoaiAVN3INoVS)UnVRe S J ! l,�, •: , � ;:. ;!! ;I,§| b ` . . ( / . w---�-- -----� S HUE} . O O L. I g \ / O % O -_- / \ i u) \ \ } \ i i-� Lai 7t)" r'V7 _ NOW i qOR rl i.i. t 0�� Z 1'11\'11�E-0 JN U! � 1 �,` Z ull Nom. � CJ OI as�81�7 k, 3AMJ 09 JA pa�il��fiig. '� a aant7F 4Trm ^fi�tt A o IA N M •.f W O O Q l O?.O NUC rt O OQ O D 3 m 3 3 o � � `o VI 3O O.O. ^ N CD CD 7 CD CJ o m 3��� ao3, OCD Q 3 � p 0. CD ,� OyG IINU 3 O O O O O O Q m _ �— N 0 0 D G) T N O O O D DIA hI q I IDI DI DI DI DI DIS N ID 3 (D N F-` O Z 1�1 V(n omommoomo 3(D p rn o=r v 0 CD z v C m comm�o rn m c AAcc (D D coo o �. W N 0 •4 0 0 N O (D C O p' n h \ 00 � 1 3 v n �. m Dia (D d Fµ u�i G O o oCDW In Oc (D(D n o o-vCD CDA C) w OJ 1 3 CD `J N 7 o O O 1- (TNF' F-` I-' 1= F' 1= N I-` I-=• I-� W -' I-' F-` W a s T. CFO O 07 N N N O O O A N 00 0 W _ in 3 cu cn N 0000 Ln(.n00pNOJ 6)l0 W� JO(7t0• m (n W 00000000 00 00 "I I J000 Sec. 5.08.070. Massage establishments and massage technicians. (a) [Business license.] The owner of a massage establishment and each massage technician practicing in the city must obtain a business license pursuant to this title. (b) [Definitions.] For purposes of this chapter, the following terms shall have the following meanings: (1) Certificate shall mean a certificate, issued by a licensed school, certifying completion of the required curriculum in massage training. (2) Massage and massage therapy means and shall include any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations commonly used in this practice. (3) Massage establishment shall mean any establishment having a fixed place of business which provides or attempts to provide massages, or health treatments involving massage as the principal function, including any school of massage which performs any such activity to any member of the public for any form of consideration or gratuity. The following are not considered massage establishments under this definition: (a) an establishment which has only one massage table on the premises and the massage business is secondary or ancillary to the principal business on the premises; or (b) an establishment which has on staff at least as many state licensed health care professionals as it does licensed massage technicians. (4) Massage technician shall mean any person who administers to any other person, for any form of consideration or gratuity, a massage as herein defined, including a student at a school of massage who administers a massage to any person for payment whether the payment is given to the student or to the school. A "massage technician" does not include any person who is engaged in a healing art required to be licensed pursuant to the Business and Professions Code of the State of California. (5) Off -premises massage business means a business which provides massage services at a location other than the massage establishment itself. (c) Application information --Massage establishment and off -premises massage businesses. In addition to the information prescribed by the director of community development, all applications for a license to conduct a massage parlor or off - premises massage business must contain the following information; (1) The complete address and all telephone numbers of the massage parlor or off -premises massage business; (2) A complete list of the names and residence addresses of all proposed massage technicians and employees employed by the massage establishment and the name and residence addresses of the manager or managing employee proposed to be principally in charge of the operation of the massage establishment; (3) The two previous addresses of the applicant immediately prior to the present address of the applicant; (4) Written proof of the applicant's age, height, weight, color of hair and eyes and sex; (5) Two identification photographs and fingerprints of the applicant; (6) The massage or similar business history and experience of the applicant, including but not limited to, whether or not such person, in previously operating a massage establishment or similar business in this or any other city or state under license or permit, has had such license or permit denied, revoked, or suspended and the reasons therefore: (7) All criminal convictions excluding traffic or infraction violations; (8) Such other information and identification deemed necessary by the sheriffs department. (d) Application information --Massage technicians. In addition to the information prescribed by the director, an application for a massage technician license shall include the following information: (1) The last two previous addresses, if any, immediately prior to the present address of the applicant; (2) The applicant's height, weight, sex, color of eyes and hair; (3) A certificate or diploma from a state -accredited institution or an institution deemed by the community development director to be of equivalent standing. (4) The business, occupation or employment of the applicant for three years immediately preceding the date of the application; (5) The license history of the applicant and whether the applicant has had a license for working as a massage technician revoked or suspended, and the reason therefore. That history shall include the business activity or occupation engaged in subsequent to such suspension or revocation; (6) All convictions except for traffic violations and infractions; (7) The location where the applicant intends to operate. if the applicant will not operate from a specific location, the applicant will provide the general area where it intends to operate; (8) Documentation of the applicant's experience as a practicing massage technician. (e) Massage technician license requirements --Investigation by community development department. (1) Before a license is granted or renewed and at such times as the director deems appropriate, the technician shall be subject to a background investigation to verify that he or she has not been convicted of any crime related to the provision of massage services. (2) If at any time the investigation by the community development department reveals the massage technician has been convicted of a crime related to the provision of massage services, the massage technician's license shall be revoked and of no further force or effect as of the date of the conviction. (3) An applicant whose license has been revoked as described in the preceding paragraph shall have the right to appeal the decision of the community development director under this chapter in the time and manner set forth in section 5.04.080. (f) Operation requirements --Massage establishments and off -premises massage businesses. (1) [Certificate or diploma.] A licensee operator shall not hire or employ a massage technician unless such massage technician has been issued a certificate or diploma from a state -accredited institution or institution of equivalent standing. (2) Doors to remain unlocked. The front door of any massage parlor and the doors of the cubicles in which massages are being performed must remain unlocked during all hours of operation. No electronic locking device may be utilized on any entrance door. (3) Cleanliness requirements. a. Adequate equipment for disinfection and sterilization of instruments used in performing the massages shall be provided; b. Hot and cold running water shall be provided at all times; c. Separate closed cabinets shall be provided for the storage of clean and soiled linen and these cabinets shall be plainly marked: "Clean linen" and "soiled linen," respectively. (4) Hygiene facilities. a. Adequate bathing, dressing, locker and toilet facilities shall be provided for patrons. A minimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, as well as a minimum of one toilet and one washbasin, shall be provided in every massage establishment; however, if male and female patrons are to be served simultaneously at the establishment, separate bathing facilities, a separate massage room or rooms, and separate dressing and separate toilet facilities shall be provided for male and for female patrons. b. Minimum of one separate washbasin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each washbasin sanitary towels placed in permanently installed dispensers. (5) Hours of operation. The licensee operator shall not conduct or operate a massage parlor or an off -premises massage business between the hours of 10:00 p.m. and 7:00 a.m. of any day, and shall exclude all customers, patrons and visitors therefrom between those hours. (6) Maintenance of premises and equipment. a. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms and all other physical facilities of the establishment shall be in good repair and maintained in a clean and sanitary condition; b. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use; c. Clean and sanitary towels and linens shall be provided for each patron of the establishment or each patron receiving massage services. No common use of towels or linens shall be permitted. d. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. (7) Recording of activities prohibited. No building or part thereof where a massage parlor, or an off -premises massage, is being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used for recording or videotaping, for monitoring the activities, conversation, or other sounds in the treatment room or room used by customers. (8) Off -premises massage prohibited. No massage establishment issued a license under this chapter shall send massage technicians off the premises for the purposes of administering a massage, nor shall the massage parlor or any part thereof be used by any employee, operator, manager, or owner to receive or accept such requests for off -premises massages, except when such off -premises massage is permitted under this chapter. (9) Dress requirements. a. All massage technicians, attendants and employees of massage parlors or off -premises massage businesses shall wear clean garments. These garments must be of a fully opaque material and provide complete covering of the genitals, genital area, buttocks and breasts. b. No person holding a massage technician license issued under this title, or employed by or working in a massage parlor licensed under this chapter, may expose his or her genitals, buttocks, or breast(s), or make intentional, occasional or repetitive contact with the genitals or anus of another person. c. Each establishment shall provide to all patrons, clean, sanitary and opaque coverings capable of covering the patrons' specified anatomical areas, including the genital area, buttocks and breasts. No common use of such coverings shall be permitted and re -use of such covering is prohibited until it is washed and cleaned. d. No massage technician, while performing any task or service associated with the massage parlor, shall be present in any room with another person unless the person's specified anatomical areas (genitals, buttock, and breasts) are fully covered. e. Manager required. All establishments licensed under this chapter shall have a manager on duty at all times during which the establishment is open. (Ord. No. 09(2007), § 1, 12-4-07) October 13, 2009 DELIGHT BEAUTY SALON 21014 Golden Springs Dr., #D3 Diamond Bar, California 91789 Natalie Tobon CITY OF DIAMOND BAR 21825 Copley Dr. Diamond Bar, CA 91765 RE: Conditional Use Permit 2009-08 Business Description Requirement BUSINESS DESCRIPTION 1) Hours of Operation: Monday thru Sunday gam to 1 Opm 2) 10 fulltime employees (on site at one time during business hours) 3) Services Provided: Delight Beauty Salon is currently providing the following services at the above address: Description of Current Business Services Offered: -Sale of Cosmetic Products -Skin Health Treatments -Aesthetic Facial Treatments -Foot massage services -Pedicures & manicures -Waxing Description of Proiected Future Business Services Offered: -Foot & body massage services Delight Beauty Salon has determined that a return to it's former emphasis of a primary focus on foot & body massage will produce the best revenue for the business. A long standing loyal base of clientele from it's former location in Rowland Heights has continued to patronize the establishment coming from as far away as Rancho Santa Margarita for the therapeutic foot massage treatments offered. Delight Beauty Salon has always and will continue to comply with all government requirements and statutes and desires to be a contributing member of the business community. As well, the current location has been found to be inadequate in size therefore plans are to move the business to a larger unit in the same shopping center as follows: from: Diamond Creek Village, 21044 Golden Springs Blvd., #D11, Diamond Bar, CA (1,000 sq.ft.) to: Diamond Creek Village, 21014 Golden Springs Blvd., #D3, Diamond Bar, CA D3 (1260 sq.ft.) is to be joined to adjacent D2 (I 190sq.ft.) Total sq.ft to be: 2450 This move to the larger space is being done in conjunction with the application for the conditional use permit to enable Delight Beauty Salon to increase it's ability to expand it's services to focus primarily on foot & body massage service as it's primary business service. 0 0 /\f\f\ / o - \ \ £ m _ 0' \ ®S ®K0 Z% \ :D �/ �> �\/ i £0 ez §/ / /� \ \ EzE/ \ Ezz \ o$ /5 C31 E }/7" / 3 3z m ]{ / e E 2. � \ c < 3. 3 \ / ;u M ID 2n mm � /o \ \ \ Cl)§ Fn (D D/ / >2 m o \ \ < / o - \ \ £ m _ ® § © § .ƒ \ co��) / \ \ 7 m 5 \ i m± §/ / /� \ \ \ \ CD # \ \ /5 C31 E 8% < / o - \ \ £ m _ ® § © § .ƒ \\\\\\ co��) / \ \ 7 m 5 \ i m± a / /\ _ Qj \ \ CD # \ X0< \ \ / <a > m ]{ Eg e E 2. ) \ c < 3. 3 \ f ) \ \ /' \ 2n mm /o /o /o oc Fn (D D/ / >2 > > >, S k £/ , __ aC-) ] ae a> z� z� z� 2 77 ]� / r 7 7 � 6 E ® m m m m m m \ \ / e \ / e < / o - \ \ £ m _ ® § © § .ƒ \\\\\\ } / / \ \ 7 99 \ e w / /\ _ Qj \ \ CD # �\ \ \ /� /� /� 0 /m § o c _ / o - \ \ £ m _ ® § © § .ƒ \\\\\\ \ / \ k , e Q k / o :1 / 7 /� a 0 > Q / = o> CO /2 _ Qj % / co 2 2 \\ \-0 S e0 \0 0 0 � � E z 0 < \� \0 \C) O\ M= / � H � z a 0-2 \\\\\\ 0 /§ /� m /r- 0 > Q / _> gf o> CO /2 Qj % 0 /� /� /� 0 /m m 2 3 m 25 m2 m 2 -n_ 2m -= 2n mm /o /o /o xm >2 > > >, aC-) >2 ae a> z� z� z� 2 77 / r 7 7 � 6 E ® m m m m m m / / K b / e \ / e z I m e \ c c = \ \ / a / a / 2 e 2 z z z 7 0 < \ \ \ \ \ 2 2 2 m / f / co 2 2 \\ \-0 S e0 \0 0 0 � � E z 0 < \� \0 \C) O\ M= / � H � z a CITY OF DIAMOND -80R r NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On November 10, 2009, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, David Alvarez, declare as follows: am employed by the City of Diamond Bar. On November 6, 2009, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 declare under penalty of perjury that the foregoing is true and correct. Executed on November 6, 2009, at Diamond Bar, California. id Alvarez Community Devel ment Department g \\aftidavapostmg doc onsroe Olt � '� ` and is is ready for