HomeMy WebLinkAbout03/9/2010PLANNING FELE COPY
COMMISSION
AGENDA
March 9, 2010
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
29825 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
29825 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.
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MI) it ` i ; 1 L.1;I'
Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
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(7ci.diamond-bar.ca.us
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, March 9, 2010
AGENDA
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
Next Resolution No. 2010-05
1. ADMINISTRATION OF OATH OF OFFICE FOR PLANNING COMMISSIONERS,
ADMINISTERED BY TOMMYE CRIBBINS, CITY CLERK
2. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman
Steve Nelson, Kwang Ho Lee, Kathy Nolan, Jack Shah
3. REORGANIZATION OF PLANNING COMMISSION: Selection of Chairman and
Vice -Chairman.
4. 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
Sneaker's Card for the recordina Secretary (completion of this form is voluntarv).
There is a five-minute maximum time limit when addressing the Planning Commission.
5. APPROVAL OF AGENDA: Chairman
6. 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:
6.1 Minutes of Regular Meeting: February 9, 2009.
7. OLD BUSINESS: None.
8. NEW BUSINESS: None.
9. PUBLIC HEARING(S):
9.1 Conditional Use Permit No. PL 2009-94 — Under the authority of Diamond Bar
Municipal Code Section 22.58, Michael A. Navas has submitted a request to
MARCH 9, 2010
PAGE 2 PLANNING COMMISSION AGENDA
operate a foot massage establishment under the business name Sakura Foot
Spa. The proposed establishment will provide foot care services provided by
professionally trained technicians. The services proposed include foot
massage as the primary use and shoulder massage as an accompaniment to
the foot massage service. The proposed hours of operation are 10 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 General Commercial. Approval of a Conditional
Use Permit is required to operate a business offering massage therapy.
PROJECT LOCATION: 21343 Cold Spring Lane
PROPERTY OWNER: Country Hills Holdings LLC,
8115 Preston Rd, #400
Dallas, TX 75225
APPLICANT: Michael A. Navas
1594 Deer Crossing Dr.
Diamond Bar, CA 91765
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
under Section 15301(a) (Interior alterations involving interior partitions and
electrical conveyances) of the CEQA Guidelines. No further environmental
review is required.
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit PL 2009-94, based on the Findings of Fact, and subject
to the conditions of approval as listed within the draft resolution.
10. PLANNING COMMISSION COMMENTS 1 INFORMATIONAL ITEMS:
11. STAFF COMMENTS / INFORMATIONAL ITEMS:
11.1 Public Hearing dates for future projects:
12. SCHEDULE OF FUTURE EVENTS:
TRAFFIC AND TRANSPORTATION Thursday, March 11, 2010 - 7:00 p.m.
COMMISSION MEETING: Government Center/ SCAQMD
Hearing Board Room
21865 Copley Drive
MARCH 9, 2010 PAGE 3 PLANNING COMMISSION AGENDA
CITY COUNCIL MEETING: Tuesday, March 16, 2010 - 6:30 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
PLANNING COMMISSION Tuesday, March 23, 2010 — 7:00 p.m.
MEETING: Government Center/SCAQMD Auditorium
21865 Copley Drive
PARKS AND RECREATION Thursday, March 25, 2010
COMMISSION MEETING: Government Center/ SCAQMD
Hearing Board Room
21865 Copley Drive
13. ADJOURNMENT:
CIT\
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 -- TEL. (909) 839-7030 - FAX (909) 861-3117
Item No. 3
DATE: March 9, 2010
TO: Chairman and Members of the Planning Commission
FROM: Greg Gubman, AICP, Community Development Director ��rr
SUBJECT: Reorganization of the Planning Commission
BACKGROUND:
As required under City Ordinance No. 25D (1989) and the Planning Commission
Policies and Procedures Manual, the Commission shall, at its first regular meeting in
March of each calendar year, elect a Chairman and Vice Chairman from among its
appointed members for a term of one year. The City Clerk will be at the March 9, 2010,
meeting to administer oath of office to the members of the Commission.
RECOMMENDATION:
Staff recommends that the Planning Commission consider and elect a Chairman and
Vice -Chairman from its membership at the March 9, 2010, meeting.
Attachments:
1. City Council Ordinance No. 25D (1989)
2. Planning Commission Policies and Procedures Manual - page 5
ORDINANCE NO. 25D (1989)
AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING ORDINANCE NO. 25 (1989),
AS•RERETOFORE AMENDED, CONCERNING THE SELECTION
OF A CHAIR AND OTHER OFFICES OF THE PLANNING COMMISSION
The City Council of the City of Diamond Bar does ordain
as follows: :_
section 1. Section 5(g) of Ordinance No. 25 (1989), as
heretofore amended, of the City Council of the City of Diamond
Bar hereby is amended to read, in words and figures, as"follows:
"(g) The Planning Commission shall, at its first
regular meeting in March of each calendar year, elect
a chairman from among its appointed members for a
term of one (1) year, and may create and fill such
other offices as it may determine and shall hold
regular meetings at least once a month and other
meetings at such additional times as are deemed
necessary."
Section 2. The City Clerk shall certify to the
idoptii� Q,f this Ordinance and shall cause the same to be posted
in three ( 3.) Tublic places within the ' City of Diamond Bar
pursuant to the pr*ovisions of R&kolution 894.
ADOPTED, AND APPROVED thiS 21st day of Aoril •... , ,
Ill. COMMISSION MEMBERSHIP AND OPERATIONS
Membership
The Planning Commission consists of five (5) members, each of whom must be a
Diamond Bar resident. Each Planning Commission member is appointed by one member
of the City Council, subject to approval by the Council as a whole. Commissioners are
appointed to two year terms of office, expiring on the last day of February of even
numbered years.
Selection to the Planning Commission is based on the following: a broad perspective and
concern for the welfare and progress of the City; a familiarity with the City's history,
issues, and goals; an interest in the Planning Commission's function and area of
responsibility; a readiness to devote time and effort to carrying out a Commissioner's
duties and responsibilities; and willingness to be aware of and understand the City
Council's policies and goals.
Each member of the Planning Commission shall be deemed to have resigned from his/hers
position on the Commission ninety (90) calendar days after the succession of the City
Council person who appointed the Commissioner. That position will be deemed vacant
and available for appointment for the otherwise unexpired term, if any.
Officers
The Planning Commission at its first regular meeting in March of each calendar year
elects a Chairperson and Vice -Chairperson from among its appointed members fora term
of one year. The Commission may create and fill such other offices as may be deemed
necessary.
Chairperson - The Chairperson is the presiding officer at all Planning Commission
meetings. The Chairperson is responsible for the maintenance of order and decorum at all
times. The Chairperson also signs resolutions and documents approved by the
Commission at meetings when he or she is in attendance. In the absence of the
Chairperson, the Vice Chairperson performs those functions. In the absence of both the
Chairperson and the Vice -Chairperson, the Commission must elect a temporary Presiding
officer to serve until the arrival of the Chairperson or Vice -Chairperson or until
adjournment.
The Chairperson may appoint standing or ad hoc subcommittees of less than a quorum of
the Commission. Subcommittees may then meet to carry out their assigned tasks.
Meetings of subcommittees will be arranged by staff.
Vice -Chairperson -The vice -Chairperson, in the Chairperson's absence or inability to act,
shall take the place of and perform all duties of the Chairperson.
Vacancies
5
City of Diamond Bar Planning Commission Handbook, november 8, 2005
R AFT
ter_ . � 't
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 9, 2010
CALL TO ORDER:
Chairman Torng called the meeting to order at 7:01 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kathy Nolan and Jack Shah; Vice Chairman
Steve Nelson and Chairman Tony Torng.
Commissioner Kwang Ho Lee arrived at 7:08 p.m.
Also present: Greg Gubman, Community Development Director; Grace Lee,
Senior Planner; David Alvarez, Assistant 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 January 12, 2010.
C/Nolan moved, C/Shah seconded, to approve the Minutes of the Regular Meeting
of January 26, 2010, as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Nolan, Shah, VC/Nelson,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Lee
5. OLD BUSINESS:
None
6. NEW BUSINESS: None
FEBRUARY 9, 2010 PAGE 2
7. CONTINUED PUBLIC HEARINGS:
r
PLANNING COMMISSION
7.1 Development Review and Minor Conditional Use Permit No. PL 2009-48
- Under the authority of Diamond Bar Municipal Code Sections 22.48 and
22.63.030, the applicant requested approval for the following improvements:
• Exterior renovation to the front of the home;
• 1,990 square -foot first floor addition;
• 244 square -foot second floor addition; and,
• 127 square -foot third floor addition
The Minor Conditional Use Permit is being requested due to the expansion of
a nonconforming structure because of a nonconforming side yard setback.
The subject property is zoned RR (Rural Residential) with a consistent
underlying General Plan land use designation. (Continued from January 26,
2010)
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
23240 Ridge Line Road
(APN 8713-02-018)
Diamond Bar, CA 91789
David Li
23240 Ridge Line Road
Diamond Bar, CA 91765
PT/Tobon presented staff's report and recommended Planning Commission
approval of Development Review and Conditional Use Permit
No. PL 2009-48, 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.
There was no one present who wished to speak on this item.
Chair/Torng closed the public hearing.
C/Shah moved, C/Nolan seconded, to approve Development Review and
Conditional Use Permit No. PL 2009-48, 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:
FEBRUARY 9, 2010
AYES
NOES:
ABSENT
PAGE 3
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
8. PUBLIC HEARING(S):
�._
F
PLANNING COMMISSION
Lee, Shah, Nolan, VC/Nelson,
Chair/Torng
None
None
8.2 Development Review No. PL2009-54 — Under the authority of Diamond Bar
Municipal Code Sections 22.48 and 22.56, the applicant requested approval
for the following improvements:
A 238 square foot addition to the front of an existing 1,463 square -
foot single family residence.
A Minor Conditional Use Permit was requested to allow the continuation of
an existing nonconforming front setback of 19'0" (20 feet is required), a side
setback of 5'9" (10 feet is required) and the building separation of 13'4"
(15 feet is required). The subject property is zoned RLM (Low -Medium
Density Residential) with a consistent underlying General Plan land use
designation.
PROJECT LOCATION
PROPERTY OWNER:
APPLICANT:
22432 Falconburn Way
(APN 8293-013-016)
Diamond Bar, CA 91765
Rohit and Hetal Patel
22432 Falconburn Way
Diamond bar, CA 1765
Havier Camorlinga
5655 Dover Street
Chino, CA 91710
AP/Alvarez presented staff's report and recommended Planning Commission
approval of Development Review and Minor Conditional Use Permit
No. PL2009-54, 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.
T
FEBRUARY 9, 2010 PAGE 4 PLANNING COMMISSION
Rohit Patel, Owner, asked for approval of the addition. He said he concurred
with the conditions of approval.
C/Lee said he was concerned about the fagade matching neighboring
properties. Mr. Patel said his house was built in 1973. C/Lee asked if
Mr. Patel agreed with staff about the requirement to add stone veneer on the
building fagade as conditioned and Mr. Patel said he agreed with staff about
the condition.
Chair/Torng closed the public hearing.
VC/Nelson wondered if the City had ever disallowed individuals to build
additions that exceed the standards because other portions of the existing
homes are non -conforming and in this instance, did staff consider asking the
applicant to hold the addition back to 20 feet instead of 19 feet?
CDD/Gubman responded that the Code is crafted with the regulation that
requires a Minor Conditional Use Permit to continue the non -conformity that
has already been established for the building envelope. Given that existing
condition and considering that this is a one story addition, it is relatively small
in proportion to the entire structure and since there was nothing egregious or
excessive, particularly since the encroachment was one foot, staff would not
have any concerns about maintaining the one -foot encroachment. If an
addition provided a second story to an existing one-story dwelling, staff might
have issues with the setback being that close and in fact might work with the
applicant to step back the second level, for example. The Conditional Use
Permit process allows staff to look at the appropriateness of and the context
of the proposal. VC/Nelson said he agreed with the one foot setback issue.
However, if the non -conforming use had a six foot setback, he hoped that
staff would not recommend that the Planning Commission allow the rest of
the house/addition to extend to the six foot setback as well. CDD/Gubman
said that staff would not simply allow for that. Because the Code states that
a Conditional Use Permit is required there is no right to continue that non-
conformity.
C/Nolan said the six foot is not included in the 20 feet so it is the appearance
of the 25 feet in the front. CDD/Gubman said he would not give a lot of
weight to that because nearly all homes in Diamond Bar have a 12 foot
parkway from the face of curb. In reality, instead of a 20 foot setback it is a
32 foot setback from face of curb which is the standard that must be upheld
in this zoning district.
C/Lee said that to him, the stone veneer did not seem compatible with
neighboring properties. He saw no comment on staff's report about the
FEBRUARY 9, 2010 PAGE 5
PLANNING COMMISSION
stone veneer and elevation design. He asked if the stone veneer was
compatible with the neighborhood. CDD/Gubman responded that the stone
veneer and elevation is compatible with neighborhood diversity. The houses
are not all identical on the street and this design adds additional interest to
the streetscape. C/Lee said that everyone has their own taste and wondered
if the design was being proposed by the applicant or was it being required by
city staff. C/Lee is familiar with other cities requiring specific styles and he
believed this was unfair to ask of applicants. CDD/Gubman responded that
when the application was first submitted, staff asked the applicant to provide
architectural enhancement to it. By virtue of the fact that this was a tract
home built in the 1970's it would indicate that the architecture would be non
descript and this was an opportunity for the applicant to bring his home into
contemporary Diamond Bar design guidelines so staff uses these
opportunities to help enhance the value of the property as well as, the entire
neighborhood..0/Lee asked if there was a specific guideline or standard to
require this type of design by the applicant or is this condition based on
staff's discretion. CDD/Gubman stated that the residential guidelines that
were adopted by the City specify that architectural design should be
considered on all sides of the home and in particular, those offering the
greatest visibility from the street. C/Lee said he was talking about the wall.
CDD/Gubman responded that the design guidelines do not mandate any
particular type of architectural treatment. The appropriateness of the
architectural treatment proposed is a matter for the Commission to decide
whether the applicant has achieved the intent of the design guidelines.
VC/Nelson moved, C/Lee seconded, to approve Development Review and
Minor Conditional Use Permit No. PL2009-54, based on the Findings of Fact,
and subject to the conditions of approval as listed within the resolution.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
Lee, Nolan, Shah, VC/Nelson,
Chair/Torng
None
None
9. PLANNING COMMISSIONER COMMENTSIIN FORMATIONAL ITEMS:
C/Nolan thanked staff and her colleagues for their condolences and thoughts on the
passing of her mother.
FEBRUARY 9, 2010 PAGE 6 PLANNING COMMISSION
C/Lee said that every City adopts high architectural standards that occasionally
discourage residents to renovate or enhance their space. If Diamond Bar has an
opportunity to talk with applicants everything should be smooth in considering the
applicant's needs and consideration of their situation so that people will be
encouraged to invest in their space.
10. STAFF COMMENTS/INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
CDD/Gubman said that due to a lack of business the February 23 Planning
Commission meeting will be adjourned to the next regular meeting.
Staff expects to begin the public hearing process for the Site D Specific Plan
on March 9 or more likely on March 23, 2010. This will begin the public
hearing process for certification of the Environmental Impact Report and
adoption of the Specific Plan. He said he anticipated a minimum of two
meetings for a project of this scope. The first meeting will include staff's
presentation, the opening of the public hearing and public testimony. Given
the controversy of the project, the hearing will likely be continued to a
subsequent meeting to continue receiving public testimony and conclude
deliberations, if possible, in order to move the project forward to the City
Council.
Chair/Torng asked if there were any major changes since the last hearing at
Heritage Park. CDD/Gubman responded that there were no changes to the
proposed project. The purpose of the Heritage Park meeting was not to
discuss the merits of the project but the adequacy of the environmental
analysis. Neighborhood comments included a lot about the neighborhood
preferences for the type of project desired but in terms of the environmental
issues, comments were provided both orally and in writing. Staff included
those comments in what will be the Final Environmental Impact Report and
responses will be provided to all comments.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
FEBRUARY 9, 2010 PAGE 7 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Torng adjourned the regular meeting at 7:35 p.m. to March 9, 2010.
The foregoing minutes are hereby approved this 9th day of March, 2010.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Tony Torng, Chairman
1, NO
PLANNING COMMISSION
AC-.FNnA RFPnRT
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:
APPLICANT:
9.1
March 9, 2010
Conditional Use Permit PL 2009-94
21343 Cold Spring Lane
(Assessor Parcel No. 8285-020-031 through
8285-020-051)
To operate a foot massage establishment.
The proposed establishment will provide foot
care services provided by professionally
trained technicians.
Country Hills Holdings LLC
8115 Preston Road #400
Dallas, TX 75225
Michael A. Navas
Sakura Foot Spa
1594 Deer Crossing Drive
Diamond Bar, CA 91765
STAFF RECOMMENDATION: Approve subject to conditions.
BACKGROUND:
The project site is within Diamond Hills Plaza, a 17.2 -acre shopping center located on
Diamond Bar Boulevard between Cold Spring Lane and Fountain Springs Road. The
shopping center consists of retail, restaurants, fast-food take-out, professional offices, and an
AAA office building (under separate ownership from the remainder of the center) totaling
179,437 square -feet of floor space.
In 2008, the first phase of a major renovation was completed at Diamond Hills Plaza. The
planned build -out of the renovation included the removal of two buildings at the southerly end
of the center, a freestanding daycare center, and a multi -tenant shop building to facilitate the
construction of a three-story medical office building. In 2009, the medical office building was
terminated, and the Commission approved to renovate the two buildings instead. The
applicant proposes to occupy one of the spaces in the multi -tenant building.
Site and Surrounding General Plan, Zoning and Land Use
CUP PL2009-94 Page 2 of 5
General Plan
Zoning .
.-.
Site
General Commercial
C-2 Retail, Office, and Restaurant
Uses
North
Low/Medium Density
RLM
Single Family Residential
Residential
South
Medium High Density
RHM
Multi -Family Residential
Residential
East
Rural Residential
RR
Single Family Residential
West
Low/Medium Density
RLM
Single Family Residential
Residential
CUP PL2009-94 Page 2 of 5
ANALYSIS:
Review Authority (DBMC 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 services.
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 the 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.
Business Reaulations for Massaae Establishments (DBMC 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 is 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 indicated that, at this time, they do not intend to
pursue the CAMTC certification.
Project Description
The proposed use (dba "Sakura Foot Spa") will be an establishment which specializes in foot
massage services administered by professionally trained technicians. The proposed service
includes a fifteen (15) minute foot soak, followed by forty-five (45) minutes of foot massage.
CUP PL2009-94 Page 3 of 5
The proposed floor plan includes an open room with nine (9) massage chairs. In addition to
the open room, the floor plan includes an office, employee room, storage room and a public
restroom. The proposed hours of operation are 10 a.m. to 10 p.m., seven (7) days a week.
Existing Storefront
Compatibility with Neighborhood
The tenant space that Sakura Foot Spa proposes to occupy is located in the building
adjacent to the former day care building (see attachment 5). The shopping center has
numerous different uses including a grocery store, restaurants, a taekwondo studio, a music
studio, professional offices, an AAA office building, and other retail uses. As such, the
operational characteristics of Sakura Foot Spa are compatible with the existing uses in the
shopping center. A list of the hours of operation of adjacent uses is attached to this report.
The proposed location within a shopping center further reduces compatibility problems. The
proposed massage services will not significantly intensify commercial activity at this site.
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. Diamond Hills Plaza and the AAA office building
have a shared parking agreement. The existing gross square footage of the shopping center
including the AAA office building is 179,437, and therefore requires 598 parking spaces. The
shopping center was developed with 937 parking spaces, which exceeds this requirement by
providing a surplus of 339 parking spaces. The proposed tenant will not increase any square
footage to the building, and will thus not affect the center's parking requirements.
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
CUP PL2009-94 Page 4 of 5
for adequate parking for each use. Due to this, staff does not foresee any parking issues
resulting from the proposed use.
Additional Review
The Public Works Department and Building and Safety Division reviewed this project and
included their comments in the resolution as conditions of approval.
NOTICE OF PUBLIC HEARING:
Public hearing notices were mailed to property owners within a 500 -foot radius of the project
site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily
Bulletin newspapers on February 26, 2010. A notice display board was posted at the site,
and a copy of the 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 15301(a) (Interior alterations involving interior partitions and electrical conveyances)
of the CEQA Guidelines. No further environmental review is required.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the attached Resolution
(Attachment 1) approving Conditional Use Permit PL 2009-94, to allow a foot spa, based on
the findings of DBMC Section 22.58, subject to conditions of approval as listed within the
draft resolution.
Prepared by:
varez
Assistant Plannef/
Attachments:
1. Draft Resolution
2. Aerial Photo
3. Diamond Bar Municipal Code Section 5.08.070
4. Foot Spa Business Plan
5. Site Plan and Floor Plan
Reviewed by:
gop
Grace—o". Lee
Senior Planner
CUP PL2009-94 Page 5 of 5
A.
!3
Attachment 1
PLANNING COMMISSION
RESOLUTION NO. 2010 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. PL 2009-94, A REQUEST TO ESTABLISH A FOOT MASSAGE
ESTABLISHMENT AT 21343 COLD SPRING LANE (ASSESORS PARCEL
NO. 8285-020-031 THROUGH 8285-020-051).
RECITALS
Property owner, Country Hills Holdings, LLC and applicant, Sakura Foot Spa,
have filed an application for Conditional Use Permit No. PL 2009-94 to allow a
massage establishment that specializes in foot massage therapy located at
21343 Cold Spring Lane, 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. The subject property is comprised of twenty parcels totaling 17.2 acres. It is
located in the community commercial (C-2) zone and is consistent with the
general commercial land use category of the general plan.
3. The legal description of the subject property is Parcel Map 247-28-31. The
Assessor's Parcel Numbers are 8285-020-031 through 8285-020-051.
4. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on
February 26, 2010. Public hearing notices were mailed to property owners
within a 500 -foot radius of the Project site and public notices were posted at the
City's designated community posting sites on February 26, 2010. In addition to
the published and mailed notices, the project site was posted with a display
board and the notice was posted at three other locations within the project
vicinity.
5. On March 9, 2009, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
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 hereby determines the Project to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA)
C.
Attachment 1
pursuant to the provisions of Article 19, Section 15301 (a) (interior alterations
involving interior partitions and electrical conveyances) of the CEQA Guidelines.
Therefore no further environmental review is required.
FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission
hereby finds as follows:
Conditional Use Permit Review Findings (DBMC Section 22.58)
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. Through compliance with the conditions of
approval stipulating the manner in which the use must be conducted, the
proposed use will be compatible with neighboring uses in the shopping
center.
2. 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.
3. 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 shopping
center occupied by various retail, restaurants, and service uses. As
such, the operational characteristics are compatible with the existing and
future land uses in the vicinity.
4. 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
2
Planning Commission Resolution No. 2010 -XX
Attachment 1
provides a service that is compatible with the other uses that operate
within the subject property. The proposed business's location within a
commercial shopping center further reduces compatibility problems
because it insulates the use within the center.
5. 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; and
Prior to the issuance of any city permits, the proposed project is required
to comply with all conditions of approval within the attached resolution,
and the building and safety division.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(a) (interior alterations involving interior partitions and
electrical conveyances) of the CEQA Guidelines.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this application subject to the following conditions:
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 PL 2009-94
dated March 9, 2010, 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.
2. The Use shall comply with all requirements of Section 5.08.070 of the Diamond
Bar Municipal Code as applicable.
3. 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.
4. 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
3
Planning Commission Resolution No. 2010-)0(
Attachment 1
investigation requirements.
5. This Conditional Use Permit shall be valid only for 21343 Cold Spring Lane, as
depicted on the approved plans on file with the Planning Division. 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.
6. The hours of operation shall be limited to 10:00 a.m. to 10:00 p.m., seven (7)
days a week.
7. 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 receives approval from the Planning
Commission and/or City Council, unless expressly exempt from these
requirements pursuant to California Senate Bill 731.
8. There shall be no more than nine (9) foot massage chairs within the open area
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:
Country Hills Holdings, LLC, 8115 Preston Road #400, Dallas, TX
75225; and Michael A. Navas, Sakura Foot Spa, 1594 Deer Crossing
Drive, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 9T" DAY OF MARCH 2010, 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 9th day of
March 2010, by the following vote:
4
Planning Commission Resolution No. 2010 -XX
Attachment 1
AYES: Commissioners: Lee, Nolan, Shah, VC/Nelson, Chair/Torng
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: None
ATTEST:
Greg Gubman, Secretary
5
Planning Commission Resolution No. 2010 -XX
COMMUNITY DEVELOPMENT
DEPARTMENT
Attachment 1
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL 2009-94
SUBJECT: Massage establishment specializing in foot massage
therapy
APPLICANT: Michael A. Navas
LOCATION: 21343 Cold Spring Lane, 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
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. PL 2009-94 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. 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
6
Planning Commission Resolution No_ 2010 -XX
Attachment 1
approval of this Conditional Use Permit No. PL 2009-94 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.
S. Property owner/applicant shall remove the public hearing notice board within
three (3) 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
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, and 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.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
7
Planning Commission Resolution No. 2010 -XX
Attachment 1
1. The approval of Conditional Use Permit shall expire within two (2) 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:
1. 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.
8. Verify adequate exit requirements. The distance between required exits shall
be'/2 of the building diagonal.
8
Planning Commission Resolution No. 2010 -XX
Attachment 1
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
9
Planning Commission Resolution No. 2010 -XX
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 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 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 ofpremises 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
establislmient 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 gannents 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)
SAKURA FOOT SPA
Detailed Services.
Foot Reflexology
Soak foot in natural herbs for 15 minutes for natural detoxification and
reflexology from knee to toe.
Reflexology is also called zone therapy which is based on pressing on
specific areas on the feet to obtain therapeutic effects in other parts of the
body.
Can stimulate the flow of energy, blood, immunity, and nerve impulses to
the corresponding body zone and thereby relieve ailments in that zone.
Foot Massage
Soak foot in natural herbs for 15 minutes followed by 45 minutes of foot
massage.
Foot Massage is an ancient healing art that uses the fingers to press key
points of the surface of the skin to stimulate the body's natural self curative
abilities. When these points are pressed, they released muscular tension and
promote the circulation of blood and the body's life force to aid healing.
Benefits of Reflexology and Foot Massage.
Has to do with the reduction of stress. Because the feet and hands help set
the tension level for the rest of the body, they are an easy way to interrupt
the stress signal and reset homeostasis, the body's equilibrium,
Improve blood circulation and increase body immunity.
HOURS OF OPERATIONS FROM BUSINESS NEXT TO
SAKURA FOOT SPA.
Address Tenant Tvpe of Business Days and Hours of Operation
-21349 Cold Springs lane / Health Resource / Chiropractic
Monday 9-1/ 3-6
Tuesday 9-12/ 2-6
Wednesday 9-1/ 3-6
Thursday 9-12
Friday 9-1/ 3-6
Saturday by Appt.
-21347 Vacant.
-21345 Vacant.
-21343 Cold Springs lane /Sakura Foot Massage/ Massage
Monday thru Sunday 10-10
-21341 Cold Spring Lane/ Hair Masters/ Hair Cut
Monday thru Friday 10-7
Saturday 10-6
Sunday 10-4
-21335 Cold Springs lane/ Taekwondo/Martial Arts
Monday thru Saturday 10-9
Sunday Closed
-2825 S Diamond Bar Blvd/Primary Day Care/Day Care
Vacant.
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CITY-OF-DIAM01�Ip; BAR M1,
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
On March 9, 2010, 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, Stella Marquez, declare as follows:
I am employed by the City of Diamond Bar. On March 5, 2010, 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 March 8, 2010, at Diamond Bar, California.
r s r
Stella Marquez
Community Development Department
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