HomeMy WebLinkAbout12/8/2009PLANNING
COMMISS10
FILE COPY
AGENDA
December 8, 2009
7000 P.M.
South Coast Air Quality Management District
Government Center Building - Auditorium
21865 Copley Drive
Diamond Bar, CA
Chairman Tony Torng
Vice Chairman Steve /nelson
Commissioner Kwang Ho Lee
Commissioner Kathleen Nolan
Commissioner Jack Shah
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Next Resolution No. 2009-26
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, December 8, 2009
CALL TO ORDER: 7:00 p.m.
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: November 10, 2009
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Conditional Use Permit No. PL2009-50: Under the authority of DBIVIC Section 22.58,
Shiu Lan Tsg has submitted a request to operate a foot massage establishment under
the business name Foot Spa. The proposed establishment will provide foot care
services provided by professionally trained technicians. The services proposed include
foot massage as the primary use and shoulder massage as an accompaniment to the
foot massage service. The proposed hours of operation are 10 a.m. to 10 p.m., seven
(7) days a week.
DECEMBER 8,'2009 PAGE 2 PLANNING COMMISSION AGERDA
The subject property .is zoned C-3 (Community Commercial) with an underlying
General Plan designation of General Commercial. Approval of a Conditional Use
Permit is required to operate a business offering massage therapy.
PROJECT LOCATION: 20627 Golden Springs Drive Unit 1-0
PROPERTY OWNER: Golden Springs Property LLC
3600 Wilshire Blvd, Suite 2214
Los Angeles, CA 90010
APPLICANT: Shiu Lan Tsg,
19422 Raskin Drive
Rowland Heights, CA 91748
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 15301 (Existing Facilities) of the CEQA
Guidelines.
Recommendation: Staff recommends that the Planning Commission Approve
Conditional Use Permit PL2009-50, based on the Findings of Fact, and subject to the
conditions of approval as listed within the draft resolution.
7.2 Development Code Amendment No. PL2009-051 — An Ordinance of the City of
Diamond Bar amending the zoning regulations governing bars and nightclubs and
amending the Diamond Bar Municipal Code.
APPLICANT: Diamond Bar Community Development Department
Environmental Determination: The City has determined that this project is exempt
from the provisions of the California Environmental Quality Act (CEQA), as prescribed
under Section 15061(b)(3) of the CEQA Guidelines (No potential for causing a
significant effect on the environment), therefore, no further review is required.
Recommendation: Adopt the attached resolution recommending the City Council
approve Development Code Amendment No. PL2009-051 by adopting the attached
ordinance.
8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
9. STAFF COMMENTS I INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects:
DECEMBER 8, 2009 PAGE 3
10. SCHEDULE OF FUTURE EVENTS:
CITY COUNCIL MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
PLANNING COMMISSION
MEETING:
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
PLANNING COMMISSION AGENDA
Tuesday, December 15, 2009 - 6:30 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
Thursday, December 17, 2009
Government Center/ SCAQMD
Hearing Board Room
21865 Copley Drive
Tuesday, December 22, 2009 — TOO p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
Thursday, December 10, 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
NOVEMBER 10,2009
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Chairman Torng called the meeting to order at 7:15 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. ROLL CALL
Present: Commissioners Kwang Ho Lee, Jack Shah, Vice Chairman
Steve Nelson and Chairman Tony Torng.
Absent: Commission Kathy Nolan was excused.
Also present: Greg Gubman, Community Development Director, Katherine
Laufenburger, Senior Planner, John Cotti, Assistant City
Attorney and Marcy Hilario, Senior Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: VC/Nelson moved, C/Shah seconded, to move
Public Hearing Item 7.2 prior to 7.1. Without objection, the motion was so ordered.
4 CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of October 13, 2009.
C/Lee moved, VC/Nelson seconded, to approve Regular Meeting Minutes of
October 13, 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, Shah, VC/Nelson
Chair/Torng
None
Nolan
NOVEMBER 10, 2009 PAGE 2 PLANNING COMMISSION
7.2 Conditional Use Permit No. 2009-08 — Under the authority of Diamond Bar
Municipal Code Section 22.58, ZhongGuo Li submitted a request to operate
a massage establishment 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 9:00
a.m. to 10:00 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
Diamond Creek Village
21014 Golden Springs Drive #D-2 & D-3
Diamond Bar, CA 91765
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 91765
CDD/Gubman presented staff's report and recommended Planning
Commission approval of Conditional Use Permit No. 2009-08, based on the
Findings of Fact, and subject to the conditions of approval as listed in the
resolution. Staff further recommends that the hours of operation be
restricted to 9:00 p.m. as a typical closing time consistent with personal
services businesses. However, the code allows the establishment to be
open as late as 10:00 p.m.
VC/Nelson asked for clarification between staff's written report and the verbal
report. CDD/Gubman responded that he verified the square footage using
the owner's lease agreement information. The applicant is relocating and
changing the overall scope of the business. VC/Nelson said he would like to
have the applicant address the matter of restricting the hours and what affect
it may have on the business.
C/Shah asked if the massage technicians were licensed by the state and
CDD/Gubman responded yes, that the technicians are licensed massage
technicians as required by the Business Ordinance requirement. C/Shah
asked if one of the services offered was medical laser treatment.
CDD/Gubman explained that the applicant is currently providing electrolysis,
hair removal, and waxing treatments. The application proposes to focus only
on massage and would not be proposing to continue the skin care services in
the new location.
C/Lee asked if other businesses in the area were open past 9:00 p.m.
CDD/Gubman responded that there are restaurants that are open past 9:00
p.m.
There were no ex parte disclosures.
Chair/Torng opened the Public Hearing.
Connie Courey, Lakeview Village Corporation, said she, Richard, the
applicant and Tony, his accountant, will respond to questions.
C/Lee asked what components of body massage would be practiced and the
applicant responded that customers would be fully clothed and the back,
shoulder, waist area, leg and foot areas would be treated by 40-50 year old
male (six) and female (four) practitioners.
VC/Nelson asked what percentage of business would occur between 9:00
p.m. and 10:00 p.m. The applicant responded approximately 60 to 70
percent of patrons arrive after the dinner hour. VC/Nelson asked how much
business would be lost if the applicant closed at 9:00 p.m. rather than 10:00
p.m. The applicant responded a lot of business would be lost. The applicant
confirmed that most of his business occurs after the dinner hour.
Chair/Torng asked if the applicant concurs with staff's recommendations and
the applicant asked what would happen if a customer walked into the
business at 9:00 p.m. CDD/Gubman said that staff's intent would be that
any client that walked into the business up to 9:00 p.m. could be served but
that no new clients would be able to enter the business after closing time
(9:00 p.m.) The applicant said that customers insist on being treated when
the store is open. Chair/Torng said that by accepting staff's recommendation
the applicant would not be allowed to have any customers enter the
establishment after 9:00 p.m. The applicant said he understood and
concurred.
C/Shah asked how long the treatments last and the applicant responded one
hour.
NOVEMBER 10, 2009 PAGE 4 PLANNING COMMISSION
Connie Courey explained that tenants are encouraged to keep a consistent
closing time in the center because there are likely to be more problems if
one business remains open much later than other businesses. There are
four restaurants that are open until 10:00 p.m. and, midnight and 1:00 a.m.
on weekends. The pizza parlor, which is adjacent to the new location, is
open until 10:00 p.m. The property owner does not see any problem with
this establishment remaining open until 10:00 p.m. because the ownerfeels
it is better to have more businesses open so that there is a greater presence
of people to ensure better security in the area.
Margaret Monahan and Esther Nam, regular clients of the applicant and
public school teachers who are on their feet most of the day, have found
Richard's establishment to be very, very therapeutic for feet, legs, back and
general health and are present to support the applicant and his very
professional establishment.
Ann Lopez, 1156 Crofter Drive, asked for clarification about the scaling back
of services. She said she was concerned about the statement that
individuals would remain fully clothed for a full body massage. She has
never known a massage establishment to be open later than 8:00 or 9:00
p.m. and never for seven days a week.
Gina Lopez, 1156 Crofter Drive, said she too had the same concerns as Ann
Lopez.
Mr. Jung said he and his wife had been customers of the establishment for
about a year. They visit the establishment after dinner at about 8:00 or 9:00
p.m. Many people go home after work and have dinner before visiting the
establishment for their massage. The technicians are very professional.
Chair/Torng asked the owner to explain why he scaled his business back to
massage only. The owner responded that after he opened the business,
they found that many individuals who sit in front of a computer all day get
lower back pain and older people have back problems as well and come in
for massages. The reason they are scaling the business back to massage
only is due to demand. Chair/Torng asked why customers remain fully
clothed for the massage. The applicant explained that he and his
technicians do not do an oil massage so it is not required for clients to
remove their. clothing. In addition, the owner does not want anyone to be
suspicious of the business practices.
R
an
C/Lee asked the composition of the customers and the owner said that about
30 percent are ethnic Chinese and the majority is Caucasian.
Chair/Torng closed the Public Hearing.
CDD/Gubman showed the current and proposed locations and explained that
the owner is not enlarging the existing business location, but relocating to a
larger unit in another section of the shopping center.
VC/Nelson said he found it difficult to understand the rationale for limiting the
hours of operation to 9:00 p.m. As was pointed out, other establishments in
the immediate area are open until 10:00 p.m. and this seems to be an
arbitrary limitation of hours for this legitimate business. At this point he
would not support staff's restriction to 9:00 p.m. unless provided compelling
reason to do so. He wants D.B. businesses to prosper and while he is a
"morning" person, many people work late and by the time they get home and
want a massage, it might be too late. CDD/Gubman said he was pleased
that VC/Nelson felt that way because it shows that the process works. It is
proper for the Commission to deliberate the matter.
C/Shah concurred with VC/Nelson and his comments. Other businesses are
open until 10:00 p.m. and as stated, the clients remain fully clothed. The
owner said that 30 percent of the business occurs after the dinner hour.
He sees no reason for limiting this business which he believes is a good
service to the community. If the Sheriff's Department has given this business
the okay, he sees no reason the business should be limited. Such a
limitation could hurt them financially as well as diminishing the service to the
community.
C/Lee said he too wanted to support small business and based on
statements he heard this evening he did not see any reason to limit the
business hours.
Chair/Tong said he too supports the business but he had a concern about
having the business run until 11:00 p.m. if they remain open until 10:00 p.m.
VC/Nelson said it would be no different from Bob's Big Boy, for example. If
patrons walk in at 10:00 p.m. they can sit and eat for an hour.
C/Lee moved, C/Shah seconded, to approve Conditional Use Permit No.
2009-08, based on the Findings of Fact, and subject to the conditions of
approval as listed within the resolution indicating the business hours will be
9:00 a.m. to 10 p.m. seven days a week. Motion carried by the
PLANNING COMMISSION
following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Nelson,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.1 Comprehensive Sign Program 2009-01 - Under the authority of Diamond
Bar Municipal Code Section 22.36.060, the applicant requested 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 ADDRESS
Gateway Corporate Center at
Copley Drive and Gateway Center Drive
Diamond Bar, CA 91765
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
SP/Laufenburger presented staff's report and recommended Planning
Commission approval of Comprehensive Sign Program 2009-01, based on
the Findings of Fact, and subject to the conditions of approval as listed within
the resolution.
C/Shah asked why the sign was proposed to be so high and
SP/Laufenburger explained the proposal was intended to make the signs
readable for people driving by the location. Gateway Corporate Center is
very large and currently, there is no center identification. Unless people are
familiar with where they are going, there is a possibility to drive past their
intended location; therefore, these monument signs will be very visible to
vehicular traffic.
ff UiTaWA
There were no ex parte disclosures.
Chair/Torng opened the Public Hearing.
PLANNING COMMISSION
Adam Burrows, Designer, said he concurred with staff's report.
Chair/Torng closed the Public Hearing.
VC/Nelson said he paused to think about the height of the signs and believed
that staff was absolutely correct that it would be appropriate in light of the
berms. These signs will make a statement and it is certainly no more
intrusive than the reader board given to Diamond Bar Honda. He felt it was a
good piece of identity for the center and for D.B.
VC/Nelson moved, Chair/Torng seconded, to approve Comprehensive Sign
Program 2009-01, based on the Findings of Fact, and subject to the
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Lee, Shah, VC/Nelson,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Nolan
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Shah said he was pleased to see that there was no "mudslinging" in the recent
election.
VC/Nelson inquired about candidates' election signs left on public property after the
election is over.
CDD/Gubman responded that if those individuals running for office do not remove
their signs, staff will take them down from the public right-of-way 10 days after the
election and they will be destroyed. As a courtesy, staff sends candidates a
courtesy e-mail to let them know that they are expected to remove their signs.
Chair/Torng asked if the candidates were charged for removal and CDD/Gubman
said that the Code Enforcement Officers remove the signs during their regular
routine, and the City does not charge the candidates. C/Shah felt the City should
charge $100 per sign to pick them up. If candidates can spend $40,000 to run a
campaign, they should have to pay for removal of the signs.
075
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CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL, (909) 839-7030 - FAX (909) 861-3117
Wiluffixim I 111011110111111 IVA In.] a
CASE/FILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
PROPERTY OWNER:
APPLICANT:
7.1
December 8, 2009
Conditional Use Permit PL2009-50
20627 Golden Springs Drive Unit 1-0
(Assessor Parcel No. 8762-034-022)
A request to operate a foot massage
establishment. The proposed establishment
will provide foot care services provided by
professionally trained technicians.
Golden Springs Property LLC
3600 Wilshire Blvd. Suite 2214
Los Angeles, CA 90010
Shiu Lan Tse
19422 Raskin Drive
Rowland Heights, CA 91748
STAFF RECOMMENDATION: Approve subject to conditions.
A. Project Description
The proposed use (dba "Foot Spa") is an establishment which specializes in foot
massage services administered by professionally trained technicians. The service
proposed includes a fifteen (15) minute foot soak, followed by forty (40) minutes of
foot massage, then a twenty (20) minute shoulder massage. The proposed floor
plan includes three (3) treatment rooms, with three (3) massage chairs in two of the
rooms, and four (4) massage chairs in the third room. The massage rooms are fully
enclosed with doors that will have windows in them. In addition to the massage
rooms, the floor plan includes a large lobby, employee break room, public restroom
and laundry room. The proposed hours of operation are 10 a.m. to 10 p.m., seven
(7) days a week.
B. Site Description
The project site is within a small shopping center comprised of one (1) parcel
totaling approximately 2.76 acres located at the northwest corner of Lemon Avenue
and Golden Springs Drive. The shopping center consists of three buildings, totaling
39,609 square -feet that were developed in 1989. Foot Spa proposes to occupy one
tenant space that is 931 square fleet in area. The center has various retail uses
ranging from restaurants to clothing stores.
C. Site and Surrounding General Plan, Zoning and Use
ANALYSIS:
A. Application and Review Authority (Code Sections 22.58 and 22.10.030 -
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
Page 2 CUP 2009-05
General Plan
Zoning District
Land Use
Designation
§Jte_
General Commercial
C-2
Retail Uses
North
60 Freeway
60 Freeway
60 Freeway
South
Low Density
RL
Single Family Residential
Residential
East
General Commercial
C-3
Retail Uses
West
Low Density
RLM
Single Family Residential
Residential
ANALYSIS:
A. Application and Review Authority (Code Sections 22.58 and 22.10.030 -
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
Page 2 CUP 2009-05
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. In other words, 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/or City Council.
B. Business Regulations for Massage Establishments (DBIVIC Section 5.08.070)
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
rninimum 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 rneet any City and/or County requirements other than
obtaining a business license.
The applicant and massage technicians have indicated that at this time they do not
intend to pursue the CAMTC certification.
C. Compatibility
The tenant space that Foot Spa would like to occupy is located in the building that
faces Lemon Avenue. The shopping center has numerous different uses including
restaurants, a dental office, beauty salons, and other retail uses. As such, the
operational characteristics of Foot Spa are compatible with the existing and future
uses in the shopping center.
D. Parkin_q
Shopping centers between 20,000 and 50,000 square feet in size are required to
provide 'I parking space for every 250 square feet of gross floor area. With a total
of 39,609 square feet of building area, the shopping center is required to provide a
Page 3 PL2009-50
minimum of 146 parking spaces for the entire center. The shopping center exceeds
this requirement by providing 201 spaces (a surplus of 55 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. When reviewing
parking impacts on shopping centers, the various uses and peak business hours for
those uses are taken into consideration. The subject center has uses ranging from
restaurants, offices, personal services, and retail uses. The varying uses result in a
range of peak business hours allowing for adequate parking for each use. Due to
this, 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(e) (Existing Facilities) of the CEQA Guidelines.
Notice for this project was published in the Inland Valley Bulletin and the San Gabriel
Valley Tribune on November 27, 2009, as prescribed by law. Public hearing notices were
mailed to property owners within a 500 -foot radius of the project site and the public notice
was posted in three public places.
Staff recommends that the Planning Commission approve Conditional Use Permit
No. PI -2009-50, Findings of Fact and conditions of approval as listed within the attached
resolution.
Katherine LaufAbi:ff`gee'
Senior Planner
Attachments:
1. Draft Resolution
2. Aerial
3. Diamond Bar Municipal Code Section 5.08.070
4. Foot Spa Business Plan
5. Floor Plan
Reviewed by:
Greg Gubman, AICP,
Community Development Director
Page 4 PL2009-50
N-WIGIJIM YOU01 I NOWA-111
A. RECITALS
Property owner, Golden Springs Property LLC and applicant, Shiu Lang Tse, have
filed an application for Conditional Use Permit No. PL2009-50 to allow a massage
establishment that specializes in foot massage therapy to take place at 20627
Golden Springs Drive, 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 November 24, 2009, public hearing notices were mailed to property owners
within a 500 -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 on November 27, 2009. Also, the Project Site
was posted with a display board and the public notice was posted in three public
places on November 27, 2009.
3. On December 8, 2009, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Proposed Use.
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 cornplies 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
2
Planning Commission Resolution No. 2009-26
attached standard conditions:
(a) The establishment is approved as a massage therapy business specializing
in foot massage as described in the application on file with the Planning
Division, the Planning Commission staff report for Conditional Use Permit
PL2009-50 dated December 8, 2009, and the Planning Commission
minutes pertaining thereto, hereafter referred to as the "Use". The Use
shall be limited to foot massage as the primary service with upper body
massage as an accompaniment to the foot massage service.
(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 20627 Golden Springs
Drive Unit 1-0, as depicted on the approved plans on file with the Planning
Divison. 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 10:00 a.m. to 10:00 p.m., seven
(7) days a week.
(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.
(h) There shall be no more than ten (10) massage chairs within the three
massage rooms as depicted on the approved floor plan. Any proposed
3
Planning Commission Resolution No. 2009-26
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: Golden Springs
Property LLC, 3600 Wilshire Blvd. Suite 2214, Los Angeles, CA 90010; and Shiu Lan Tse
19422 Raskin Drive, Rowland Heights, CA 91748
APPROVED AND ADOPTED THIS 8 TH DAY OF DECEMBER 2009, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
1W
Tony Torng, Chairman
1, 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. 2009-26
•
PROJECT#: Conditional Use Permit No. PL2009-50
SUBJECT: Massage establishment specializing in foot massage thera
APPLICANT: Shlu Lan Ts
LOCATION: 206 2 7 Goden Springs Drive Unit J-0, Diamond Bar
, C
9178 9 1�,
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
911INFOUINEW
In accordance with Government Code Section 66414.9(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. PL2009-50 brought within the
time period provided by Government Code Section 66499.37. In the eventthe 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.
The City shall promptly notify the applicant of any claim, action of proceeding, and
5
Planning commission Resolution No. 2009-26
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. PL2009-50 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.
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department) at the established rates,
prior to issuance of building permits, 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 prorated City project review and processing fees
prior to issuance of grading or building permit, whichever come first.
6
Planning Commission Resolution No. 2009-26
2. Prior to any plan check, all deposit accounts for the processing of this project shall -
have no deficits.
C. TIME LIMITS
1. 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. This project shall comply with the energy conservation requirements of the State of
California Energy Commission.
7
Planning Commission Resolution No. 2009-26
8. Verify adequate exit requirements. The distance between required exits
shall be %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.
AM
8
Planning Commission Resolution No. 2009-26
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-prernises
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 deerned necessary by the sheriff's
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 tirne 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 fernale patrons are to be served simultaneously at
the establishment, separate bathing facilities, a separate massage mom
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, steammoms 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, stearn or vapor rooms, or steam or vapor
cabinets, shower compartments and toilet moms shall be thoroughly
cleaned each day the business is in operation. Bath-tubs 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)
BUSINESS PLAN
20627 Golden Springs Drive, Unit 1-0
Diamond Bar, CA 91765
Hours of Operation: 7 days a week, IOam. — I1pn2
Number of Einployees: 12 full time employees
October 28, 2009
Our mission is to run a profitable business by providing high-end therapeutic foot massage
services in a caring, upscale, professional environment.
Our goal is to tailor to the client's experience based on initial interview inforination, as well as
feedback during the treatments, to ensure the client's comfort and satisfaction, and to increase
repeat business. We are mindful of the overall experience - using only the finest oils and lotions,
beauty treatments and aromatherapies. Special lighting, music, decor, and textiles are used
throughout the spa to complete the comfortable, plush environment and enhance the client's
overall spa experience.
SUMM AIL CY,
The property located at 20627 Golden Springs Drive, Unit 1-0, Diamond Bar, CA is intended for
use as a Foot Spa. Situated in a well established plaza within the City of Diamond Bar, it is well
suited for this use.
The Foot Spa will feature state of the art equipment, roughly a dozen plush reclining spa chairs,
and wooden floors and recessed lighting throughout. This will not only set the mood, but help to
enhance the clients' experience.
To maintain the facility, we plan to install a dedicated washer / dryer room with a proper exhaust
fan system as well as a water heater. The towels which will only be used once for each client will
be laundered and properly disinfected with bleach. All of the massage chairs will also be wiped
down with an alcohol cleaning solutions after each use. An air purifier will be installed in each
room of the facility. This will help to ensure the cleanliness and the sterility of the environment.
For the initial foot soak for each client, they will receive a hot water soak in our wooden foot
buckets tlia.t will have a plastic bag hotding the water in which will be disposed of after each use.
Each foot soak will last for 15 minutes before moving on to the begimling of the foot massage
which will continue for 40 minutes. After the completion of the foot spa, the client will receive a
20 minute shoulder massage to finish off the experience.
We believe that we have the ability to properly cater to our clients, enhance every experience as
well as maintain a thriving business for the long term.
We look forward to having the opportunity to establish our business in the City of Diamond Bar.
We will make whatever changes or alternations as required by the City to make sure that we will
be in full compliance with the City for our operation of business.
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21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondb-,ir.com
AGENDA ITEM NUMBER: 7.2
MEETING DATE: December 8, 2009
CASE/FILE NUMBER: Development Code Amendment No. PL2009-051
PROJECT LOCATION: Citywide
APPLICATION REQUEST: To amend Title 5 and Title 22 of the Diamond Bar
Municipal Code governing live entertainment in bars,
nightclubs and other venues.
PROPERTY OWNERS: Not Applicable
APPLICANT: Diamond Bar Community Development Department
STAFF RECOMMENDATION: Adopt the attached resolution recommending the
City Council approve Development Code
Amendment No. PL2009-051 by adopting the
attached ordinance.
7;j.
In recent years, the City has received an increased number of complaints about the
impacts of bars, nightclubs, and indoor amusement activities. These complaints have
typically centered on noise, traffic and parking issues, resulting in numerous law
enforcement calls for service to mitigate the impacts posed by these business uses.
In an effort to address these impacts that burden residents and law enforcement, the City
Council adopted Interim Urgency Ordinance No. 02 (2008) on February 5, 2008 that
instituted a moratorium on the issuance of permits for amusement and entertainment uses
such as bars and nightclubs. The moratorium was extended twice for a maximum of two
years in accordance with state law, and will expire on February 5, 2010.
The moratorium provided staff and the City Attorney time thoroughly study the issue and
draft revised development standards. Development Code Amendment PL2009-051 is the
City's proposal to create standards that are more suitably tailored to Diamond Bar's
residential and business community while mitigating the secondary impacts of
entertainment related uses.
Current Development Code Standards
Title 22 (the "Development Code") of the City's Municipal Code currently allows for a wide
variety of uses in the commercial and office zones that may include entertainment
activities, including but not limited to:
• Bars and nightclubs;
• Bowling alleys, arcades and other indoor amusement venues;
® Restaurants; and
® Clubs, lodges and private meeting halls.
Most of the above uses require a Conditional Use Permit (CUP) to operate in the City.
However, the Development Code currently contains no specific regulations to restrict
entertainment activities. The only uniform criteria pertaining to entertainment based
businesses are contained in Title 5 (Business Licensing) of the Municipal Code, which is
limited to regulating the management and ownership of these businesses.
Proposed Municipal Code Amendment
The attached ordinance proposes to amend the Municipal Code by placing suitable
restrictions on live entertainment, ensure that all regulations within the Municipal Code
governing entertainment are internally consistent, and ultimately mitigate the secondary
impact of entertainment related uses in the community. Specifically, the proposed
ordinance revises the Development Code with respect to live entertainment within specified
contexts, and Title 5 (Business Licensing), which regulates the operators of such
establishments.
Page 2
DCA 2009-051
The proposed ordinance includes the following changes to Section 22.80.020 (Definitions):
0 A definition for "Live entertainment" has been added as follows:
Any live performance, including but not limited to all forms Of Music, theatrical
or comedic performance, song, dance, karaoke, or vocal entertainment by a
disc jockey or announcer, participated in by one or more employees,
independent contractors, guests, customers, or any otherperson or persons.
Does not include ambient or incidental music provided for guests orpatrons
by one (1) non -amplified musician or the use of a radio or other electronic
playback device in any establishment, except when utilized by an announcer
or "disc jockey" who at any time provides any form of vocal entertainment for
the purpose of gaining the attention and interest of, or diverting or amusing
guests or patrons, including the announcing of song titles or artists' names.
This definition has been added because, as explained below, the proposed ordinance
will prohibit live entertainment in most cases, and so it becomes necessary to provide a
clear and unambiguous description for what is meant by live entertainment.
The definition "Bars and nightclubs" has been deleted and replaced with "Bars, cocktail
lounges, and taverns". As discussed below, nightclubs would no longer be permitted in
the City, so the previous definition would serve no purpose.
"Community/cultural centers", "Indoor amusement/entertainment facilities" and
"Restaurant, table service" have been amended to better define their uses.
Section 22.42.075, titled "Live entertainment/dancing," is added to address standards for
live entertainment and dancing in the Development Code, replacing "Entertainment
Licensing" which is currently regulated under Section 5.08.050. The new standards listed
in Section 22.42.075 include a prohibition for live entertainment and dancing by patrons,
employees and contractors in bars, cocktail lounges and taverns, motels, and restaurants,
effectively precluding the possibility of any of these uses from evolving into a nightclub.
Schools, places of worship, City -sponsored events or events with temporary use permits
are exempt from the proposed regulations. This distinction would allow for traditional
entertainment uses such as school theatre performances, entertainment functions at
places of worship, weddings and events at hotels and community centers, while excluding
their uses in bars and other establishments that have been the center of community
complaints.
Tables 2-5 and 2-6 of Section 22.10.030, which provide a comprehensive listing of the
permitted and conditionally permitted uses in the City's commercial and office zones, would
also be amended to better reflect the proposed standards of the Development Code
amendment by including a cross reference to Section 22.42.075. Moreover, the term
"nightclubs" would be been stricken from wherever it currently Occurs in these two tables.
NOTICE OF PUBLIC HEARING:
Public hearing notice was published in the San Gabriel ValleyTribuneand the Inland
Valles Daily Bulletin newspapers on November 20, 2009.
Page 3
DCA 2009-051
ENVIRONMENTAL ASSESSMENT:
The City has determined that this project is exempt from the provisions of the California
Environmental Quality Act (CEQA), as prescribed under Section 15361(b)(3) of the CEQA
Guidelines (no potential for causing a significant effect on the environment), therefore, no
further environmental review is required.
Staff recommends that the Planning Commission adopt a Resolution recommending
approval of Development Code Amendment No. PL2009-051 to the City Council.
Prepared by:
Anthony Santos
Management Analyst
Attachments:
1. Draft Resolution of Approval.
2. Exhibit "A" — Draft Ordinance.
Reviewed by
Greg Gu n. AICF
Community Development Director
Page 4
DCA 2009-051
Attachment 1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITT OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT
NO. 2009-051 AMENDING TITLE 22 AND TITLE 5 OF THE DIAMOND
BAR MUNICIPAL CODE.
A. RECITALS
1. On February 5, 2008, the City Council adopted Interim Urgency Ordinance
No. 02 (2008), instituting a 45 -day moratorium on the issuance of permits
for amusement, entertainment and other specified congregation uses in
the City of Diamond Bar such as bars, nightclubs, and indoor amusement
activities. The urgency ordinance was subsequently extended 10 months
and 15 days on March 4, 2008, and again for one year on February 3,
2009.
2. On November 20, 2009 notice for this development code amendment was
published in the Inland Valley Bulletin and the San Gabriel Valley Tribune.
Pursuant to Planning and Zoning Law Government Code Section 65091
(a)(3), if the number of property owners to whom a public hearing notice
would be mailed is greater than 1,000, a local agency may provide notice
by placing a display advertisement of at least one-eighth page in at least
one newspaper of general circulation. On November 20, 2009, the City
placed a one-eighth page display advertisement in the above mentioned
newspapers of general circulation. All persons wishing to testify at the
public hearing in connection with said amendment were heard, and said
amendment was studied; and
3. On December 8, 2009, the Planning Commission held a duly noticed
public hearing on the proposed amendment to the Diamond Bar Municipal
Code; and
4. The Community Development Director has determined that the proposed
development code amendment does not have the potential for causing a
significant effect on the environment as Outlined in Section 15061(b)(3) of
the California Environmental Quality Act (CEQA) Guidelines.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
Attachment 1
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 finds that the development code
amendment identified above in this Resolution, pursuant to the provisions
of the California Environmental Quality Act (CEQA), Section 15061(b)(3)
of the California Code Of Regulations and guidelines promulgated there
under, is exempt and further environmental review is not required.
3. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve
Development Code Amendment No. 2009-051 by adopting the ordinance
attached hereto as Exhibit "A" and incorporated herein by reference.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council.
APPROVED AND ADOPTED THIS 8 DAY OF DECEMBER 2009, 131
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
Tony Torng, Chairman
1, 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
8th day of November, 2009, by the following vote:
AYES: Commissioners: None
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
2
No 200'*
Planning Commission k6solUitionJ X
ATTEST:
Greg Gubman, Secretary
Attachment 1
Planning Commission Resolution No. 2009 -XX
Exhibit "A"
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING
THE ZONING ORDINANCE PROVISIONS GOVERNING LIVE
ENTERTAINMENT IN BARS, NIGHTCLUBS AND OTHER VENUES
AND AMENDING THE DIAMOND BAR MUNICIPAL CODE
The City Council of the City of Diamond Bar does ordain as follows:
SECTION 1. Section 22.10.030 of Title 22, Chapter 22.10 of the
Diamond Bar Municipal Code is amended by amending Table 2-5 to replace the Land
Use under the heading "Retail Trade Uses" entitled "Bars and nightclubs" with "Bars,
cocktail lounges and taverns" as shown in the table below, to replace the Land Use under
the heading "Recreation, Education & Public Assembly Uses" entitled "Theaters,
auditoriums, meeting halls" with "Theaters and auditoriums" as shown in the table below,
and to amend the categories entitled "Cor nunity/Cultural Centers," and "Clubs, lodges
and private meeting halls" under the heading "Recreation, Education and Public
Assembly Uses," "Restaurants" under the heading "Retail Trade Uses," and "Hotels and
motels" under the heading "Service Uses," as follows:
SECTION 2. Section 22. 10.030 of Title 22, Chapter 22.10 o{ the
Diamond Bar Municipal Code is amended by amending Table 2-6 to replace the Land
Use under the heading "Retail Trade Uses" entitled "Bars and nightclubs" with "Bars,
cocktail lounges and taverns" as shown in the table below, to replace the Land Use under
the heading "Recreation, Education & Public Assembly Uses" entitled "Theaters,
auditoriums, sleeting halls" with "Theaters and auditoriums" as shown in the. table below,
and to amend the categories entitled "ConiilltiniLy/Cultural Centers," and "Clubs, lodges
Permit Requireinent by District
OP OB CO
See
Standards
in Section:
RECREATION,
EDUCATION & PUBLIC
ASSEMBLY USES
Clubs, lodges and private
meeting halls
_
CUP
_
CUP
CUP
22.42.075
Community/cultural centers
CUP
CUP
CUP
_ 22.42.075
Theaters and auditoriums
_
CUP
_ CUP
CUP
22.42.075
RETAIL TRADE USES
Bars, cocktail lounges and
taverns
!
CUP
22.42.075
Restaurants
_
P
P
P
22.42.075
SERVICE USES
Hotels and motels
CUP
CUP
22.42.075
SECTION 2. Section 22. 10.030 of Title 22, Chapter 22.10 o{ the
Diamond Bar Municipal Code is amended by amending Table 2-6 to replace the Land
Use under the heading "Retail Trade Uses" entitled "Bars and nightclubs" with "Bars,
cocktail lounges and taverns" as shown in the table below, to replace the Land Use under
the heading "Recreation, Education & Public Assembly Uses" entitled "Theaters,
auditoriums, sleeting halls" with "Theaters and auditoriums" as shown in the. table below,
and to amend the categories entitled "ConiilltiniLy/Cultural Centers," and "Clubs, lodges
and private meeting halls" under the heading "Recreation, Education and Public
Assembly Uses," "Restaurants" under the heading "Retail Trade Uses," and "Hotels and
motels" under the heading "Service Uses," as follows:
SECTION 3. Title 22, Chapter 22.42 of the Diamond Bar Municipal
Code is amended by adding thereto a new Section 22.42.075 to read as follows:
Sec. 22.42.075. Live entertainment/dancing
This section establishes standards for live entertaimnent and dancing.
(a) Live entertainment and dancing by patrons, employees and independent
contractors is prohibited in bars, cocktail lounges and taverns, motels, and restaurants.
(b) Live entertaimnent is permitted in conununity/cultural centers, "clubs, lodges and
private meeting halls," and hotels only in connection with banquets, parties, and
receptions. Community/cultural centers, "clubs, lodges and private meeting halls" and
hotels shall not book a banquet, party or reception involving live entertainnent for the
Perrnit Requirenient by District
C I
C2
C3
I
See Standards
in Section:
RECREATION,
EDUCATION &
PUBLIC
ASSEMBLY USES
Clubs, lodges and
CUP
CUP
22.42.075
private meeting halls
Colmnurllty/cultLral
CUP
22.42.075
centers
Theaters and
CUP
CUP
22.42.075
auditoriums
RETAIL TRADE
USES
Bars, cocktail
CUP
CUP
Cull
22.42.075
lounges and taverns
Restaurants
P
P
P
22.42.075
SERVICE USES
Hotels and motels
P
P
P
22.42.075
SECTION 3. Title 22, Chapter 22.42 of the Diamond Bar Municipal
Code is amended by adding thereto a new Section 22.42.075 to read as follows:
Sec. 22.42.075. Live entertainment/dancing
This section establishes standards for live entertaimnent and dancing.
(a) Live entertainment and dancing by patrons, employees and independent
contractors is prohibited in bars, cocktail lounges and taverns, motels, and restaurants.
(b) Live entertaimnent is permitted in conununity/cultural centers, "clubs, lodges and
private meeting halls," and hotels only in connection with banquets, parties, and
receptions. Community/cultural centers, "clubs, lodges and private meeting halls" and
hotels shall not book a banquet, party or reception involving live entertainnent for the
same person or organization more than once in any 90 -day period. The banquet or party
space in a hotel in which live entertainment is provided must be accessible only through
an interior lobby or foyer.
(c) Nothing herein prohibits live entertainment in schools, and "theaters and
auditoriums" provided that no alcoholic beverages are sold or otherwise made
available to patrons or consumed on the premises.
(d) This section is inapplicable to adult-oriented businesses, which are governed by
Section 22.42.020.
(e) This section is inapplicable to religious places of worship.
(f) This section is inapplicable to City sponsored events and events approved with
a temporary use permit pursuant to Chapter 22.50.
SECTION 4. Section 22.80.020 of Title 22, Chapter 22.80 of the
Diamond Bar Municipal Code is amended by amending the definition of the following
terms to read as follows:
a. The definition of "Bars and night clubs" is deleted and replaced with
the following:
".Bars, cocktail lounges and taverns. "Bar" or "cocktail lounge" or
"tavern" means an establishment: (1) that sells or offers for sale
alcoholic beverages pursuant to a Type 48 license from the
Department of Alcoholic Beverage Control, (2) that limits entry to
persons 21 years of age or older and (3) where food service, if any, is
subordinate to the sale of alcoholic beverages. Does not include a bar
area that is an integrated part of a restaurant. May include beer
brewing as part of a microbrewery and other alcoholic beverage tasting
facilities. Live entertainment and dancing by patrons, employees and
independent contractors is prohibited."
b. The definition of "Corninunity/cultural centers" is amended to read as
follows:
"Corrrmunil,)�IcultttraI centers. Multipurpose meeting and recreational
facilities typically consisting of one or more meeting or multipurpose
rooms, kitchen and/or outdoor barbecue facilities available only by
way of advance reservation by individuals or groups for activities such
as meetings, banquets, parities and receptions.
c. The definition of ".Indoor amusement/entertainment facilities" is
amended by delcting the following category:
"Dance halls, clubs and ballrooms"
d. A new definition is added to read as follows:
"Live entertainment. Any live performance, including but not limited
to all forms of music, theatrical or comedic performance, song, dance,
karaoke, or vocal entertaimnent by a disc jockey or ammouncer,
participated in by one or more employees, independent contractors,
guests, customers, or any other person or persons. Does not include
ambient or incidental music provided for guests or patrons by one (1)
non -amplified musician or the use of a radio or other electronic
playback device in any establishment, except when utilized by an
announcer or "disc jockey" who at any time provides any form of
vocal entertaimnnent for the purpose of gaining the attention and
interest of, or diverting or amusing guests or patrons, including the
announcing of song titles or artists' names."
e. The definition of "Restaurant, table service" is amended to read as
follows:
"Restaurant, table service. An establislunent that: (1) sells, or offers
for sale, food and beverages during all hours it is open for business
primarily by way of table service, (2) prepares food on-site in a
kitchen capable of preparing food from its component ingredients and
otherwise meets the definition of a "bona fide public eating place"
contained in California Business & Professions Code §23038, and (3)
does not limit entry to persons 21 years of age or older and service of
alcoholic beverages is secondary to service of food. Take-out service
is permissible but must be secondary to on-site table service. Live
entertaiiunent and dancing by patrons, employees and independent
contractors is prohibited."
SECTION 5. Section 5.04.010 of Title 5, Chapter 5.04 of the Diamond
Bar Municipal Code is amended by repealing category "(7) Entertainment
establishments" and renumbering the categories that follow accordingly, and by
amending category "(5) Bars and nightclubs" to read as follows:
"(5) Bars, cocktail lounges and taverns."
SECTION 6. Section 5.08.040 of Title 5, Chapter 5.08 of the Diamond
Bar Municipal Code is amended in its entirety to read as follows:
Sec. 5.08.040. Bars, cocktail lounges and taverns.
(a) For purposes of this chapter, bars, cocktail 1OUnges and taverns shall mean
businesses as defined in Section 22.80.020 of this Code.
(b) In addition to the information prescribed by section 5.04.020, the application for a
license for a bar, cocktail lounge or tavern shall include:
(1) The complete standard regulatory business license application including the names
and addresses of all responsible operators, managers, and property owner;
(2) A certified copy of all valid alcohol beverage control (ABC) permits, licenses, and
conditions of operation;
(3) Security plan requirements. Applicants for businesses that serve alcohol with an
occupancy load of 50 or greater are required to submit a security plan. All submitted
security plans shall be reviewed and are subject to the approval of the director or his or
her designee; and
(4) A set of plans stamped "approved" by the Los Angeles County Fire Department
which identifies the use and the square footage of the establishment.
(c) Operating requirements.
(1) 1Vlanage7- required. Any bar, cocktail lounge or tavern shall have a responsible
person on the premises to act as manager and supervise employees and independent
contractors at all times during which the business is operating.
(2) Tacility operators. Licensees shall maintain their operations pursuant to the security
plan approved by the community development director and within the standards required
by the department of alcoholic beverage control.
(3) Display of licenses. The business owner shall display the business license in a
prominent and visible location.
(4) Coanplaints. An employee of each business owner licensee shall be appointed to
address, during hours of operation, all complaints. The name and phone number of the
employee shall be posted adjacent to the business license. The business owner licensee
shall make reasonable efforts to address each complaint. The licensee shall keep a log of
all complaints and follow-up and shall make the information available to city staff upon
request.
(5) Alcoholic beverages. All new employees o F business owner .licensees serving
alcohol to patrons shall enroll in a certified training program for the responsible service
of alcohol. The training shall be offered to new employees on no less than a quarterly
basis.
(6) Merchandise sales. No business owner licensee shall sell merchandise except inside
the establishment.
(7) Opera doors. No door of any business may be propped open after 6:00 p.m., except
for the period during which goods are being delivered to the establishment, and then only
if continuously attended by an employee of the business owner.
(8) Designated driver signs. Signs recommending the use of a "designated driver" shall
be posted at all bar areas and at the entrance and exits to the establishnient. The signs
shall measure at least six inches by six inches.
(9) Joint responsibility for violations and 1Wise control. Violations of this subsection (c)
and violations of the noise control ordinance set Forth in chapter 8.12 of the Diamond Bar
Municipal Code by either the business owner promote, shall be grounds for revocation of
the business license.
(10) All security personnel must have a California Guard Card and/or must possess a
certificate of completion from a Penal Code 832 course instruction within.six months of
employment.
SECTION 7. Section 5.08.050 of Title 5, Chapter 5.08 of the Diamond
Bar Municipal Code is repealed in its entirety and shall be shown in the Municipal Code
as "Reserved."
PASSED, APPROVED AND ADOPTED this ! day of )2010.
uv •
Attest:
City Clerk
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CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
On December 8, 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.
1, Natalie Tobon, declare as follows:
I am employed by the City of Diamond Bar. On December 4, 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
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 4, 2009, at Diamond Bar, California.
gA\affidavitposting.doc
artment
Fite re ie ec by
on ) , m and is r0ady for
nning