HomeMy WebLinkAbout10/12/2010PLANNING FILE COPY
October 12, 2010
7:00 P.M.
South Coast Air Quality Management District
Government Center Building Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Tony Torng
Kathleen Nolan
Kwang Ho Lee
Steve Nelson
Jack Shah
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p|BOD'Dg Commission
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Next Resolution No. 2010-26
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, October 12, 2010
CALL TO ORDER: 7:00 p.m. . I
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman
Kathleen Nolan, Kwang Ho Lee, Steve Nelson, 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
SDeaker's Card for the recordina Secretary (comQletion of this form is voluntarv).
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: September 28, 2010,
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Conditional Use Permit No. PL 2010-202 — Under the authority of Diamond
Bar Municipal Code Section 22.58, the applicant is requesting approval to
operate a new 1,895 square -foot, foot and body massage establishment located
at Diamond Bar Village, a 59,726 square -foot shopping center located on a
4.2 -acre property. It is a Community Commercial (C-2) zoned parcel with a
OCTOBER 12, 2010 PAGE 2 PLANNING COMMISSION AGENDA
consistent underlying General Plan Land Use Designation of General
Commercial (C). (Continued from September 28, 2010)
Project Address: 23499 Golden Springs Dr.
Property Owner: H -B Diamond Bar, LLC
10877 Wilshire Blvd., Suite 1105
Los Angeles, CA 90024
Applicant: HongweiZhang
9122 Ardendale Ave.
San Gabriel, CA 91775
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(a) (Interior or exterior alterations involving such things as interior
partitions, plumbing and electrical conveyances) of CEQA Guidelines. No
further environmental review is required.
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit No. PL 2010-202, based on, the Findings of Fact, and
subject to the conditions of approval as listed within the draft resolution.
8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
9. STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for.future projects:
10. SCHEDULE OF FUTURE EVENTS:
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
CITY COUNCIL MEETING:
Thursday, October 14, 2010 - 7:00 p.m..
Government Center/ SCAQMD
Hearing Board Room, 21865 Copley Drive
Tuesday, October 19, 2010 - 6:30 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
Tuesday, October 26, 2010— 7:00 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
OCTOBER 12, 2010 PAGE 3 PLANNING COMMISSION AGENDA
PARKS AND RECREATION Thursday, October 28, 2010 — 7:00 p.m.
COMMISSION MEETING: Government Center/ SCAQMD
Hearing Board Room, 21865 Copley Drive
11. ADJOURNMENT:
as RAFT
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 28, 2010
Chairman Torng called the meeting to order at 7:04 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: C/Nelson led the Pledge of Allegiance,
1. ROLL CALL:
Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack
Shah, Vice Chairman Kathy Nolan and Chairman Tony Torng.
Also present: Greg Gubman, Community Development Director;
Natalie Tobon, Planning Technician, and Stella Marquez, Senior Administrative
Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None.
3. APPROVAL OF AGENDA:
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of August 10, 2010.
C/Shah moved, C/Nelson seconded, to approve the Minutes of the Regular Meeting
of August 10, 2010, as corrected. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nelson Shah, Chair/Torng
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: VC/Nolan
ABSENT: COMMISSIONERS: None
4.2 Minutes of Study Session of August 24, 2010.
VC/Nolan moved, C/Nelson seconded, to approve the Study Session Minutes of
August 24, 2010, as presented. Motion carried by the following Roll Call vote:
AYES: Nelson, Shah, VC/Nolan Chair/Torng
None
Lee
None
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
1 "DRAFT
�
SEPTEMBER 28, 2010 PAGE 2 PLANNING COMMISSION
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARINGS:
7.1 Conditional Use Permit No. PL 2010-202 — Under the authority of Diamond
Bar Municipal Code Section 22.58, the applicant requested approval to
operate a new 1,895 square foot, foot and body massage establishment
located at Diamond Bar Village, a 59,726 square foot shopping center
located on a 4.2 acre property zoned Community Commercial with a
consistent underlying General Plan Land Use Designation of General
Commercial (C).
PROJECT ADDRESS: 23499 Golden Springs Drive
Diamond Bar, CA 91765
PROPERTY OWNER: H -B Diamond Bar, LLC
10877 Wilshire Boulevard, Suite 1105
Los Angeles, CA 90024
APPLICANT: HongweiZhang
9122,Ardendale Avenue
San Gabriel, CA 91775.
CDD/Gubman requested this matter be continued to October 12, 2010, to
allow staff to complete the parking analysis, for the proposed use. The
project was analyzed with respect to parking using incorrect square footage
data for the shopping center which presented a need to reevaluate the
parking requirements based on the actual correct square footage and in
order to do so, staff needs to conduct a parking analysis and will be ready to
present the results at the October 12 meeting.
C/Shah moved, C/Lee seconded, to continue Conditional Use Permit
No. PL 2010-202 to October. 12, 2010. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
SEPTEMBER 28, 2010 PAGE 3 PLANNING COMMISSION
7.2 Conditional Use Permit No. PL 2010-307 — Under the authority of Diamond
Bar Municipal Code Section 22.58, the applicant requested approval to
establish a dance and instruction studio within a 2,000 square foot lease
space located at Diamond Bar Village, a 30,281 square foot shopping center
located on a 2.45 acre parcel. The subject property is zoned C-2
(Cornmunity Commercial) with an underlying General Plan designation of
General Commercial.
PROJECT ADDRESS: 23355 Golden Springs Drive
Diamond Bar, CA 91765
PROPERTY OWNER: Chang Chih International Investments, LLC
23341 Golden Springs Drive
Diamond Bar, CA 91765
APPLIICANT: Jin Chen
Jin's Dance Studio
20260 Evening Breeze Drive
Walnut, CA 91789
PT/Tobon presented staff's report and recommended Planning Commission
approval of Conditional Use Permit No. PL 2010-307, based on the Findings
of Fact, and subject to the conditions of approval as listed within the
resolution.
Chair/Torng asked staff to explain Condition No. 5 on Page 4 of the
Resolution. CDD/Gubman responded that as stated in the application for the
proposed use, the business plan identifies business hours seven days a
week with hours of 8:30 a.m. to 10:00 p.m., Monday through Friday;
9:00 a.m. to 6:00 p.m. on Saturday and 10:00 a.m. to 4:00 p.m. on Sunday.
Also as described in the application there would be 16 or fewer students per
class in addition to one dance instructor per class. Staff elected to not
provide an arbitrary number limiting the number of students or the hours of
operation based on the presumption that the applicant would be operating
the business within these hours with this number of students. Staff
understands there may be some variance — there may be 18, there may be
20 students in some classes, and staff did not find it to be appropriate to
establish a cutoff number. Staff believes and presumes that the business
operator will be operating within these parameters which should cause no
problem. By not specifying a limitation on enrollment it allows the applicant
flexibility to make adjustments in class sizes as needed. Should staff find in
SEPTEMBER 28, 2010 PAGE 4 PLANNING COMMISSION
the future that there is a parking shortage or that there are conflicts with
other businesses in terms of having sufficient parking to meet parking
requirements for all businesses, there may be probable cause for staff to
reexamine these conditions and impose some limits on hours and/or number
of students. Based on previous hearings where questions have been
directed to staff when it has placed limits on numbers of students without
empirical basis for those limits, the question was "how is that not arbitrary?"
And, the only way to provide a response in this situation is to not attempt to
establish limitations. The applicant has gone on record with the business
plan and staff's analysis indicates that the shopping center's parking capacity
can accommodate it, therefore, there is no cause at this time to place further
restrictions on the use.
There were no ex parte disclosures.
Chair[Torng opened the public hearing.
Greg Martin, Jin Chen's husband, said he and his wife are looking forward to
continuing their relationship with the City of Diamond Bar. Ms. Chen has had
a dance studio about 100 yards away in the same shopping center for the
past eight (8) years and looks forward to continuing her business. Mr. Martin
responded to Chair/Torng that he and Miss Chen read staff's report and
concur with the conditions of approval. In response to the concern about
parking, most of the students are dropped off and picked up and most of the
adult classes are evening classes when minimal parking will be used. In
addition, there are not many classes taught during the hours 2:00 p.m. to
6:00 p.m.
Chair/Torng closed the public hearing.
C/Shah moved, VC/Nolah seconded, to approve Conditional Use Permit
No. PL 2010-307, ba ' sed 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, Nelson Shah, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
SEPTEMBER 28, 2010 PAGE 5 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
Chair/Torng commented that it appears Site D is coming back to the Commission,
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
CIDID/Gubman spoke about the flyer announcing the Site D Community Workshop
being sponsored, coordinated and led by the Walnut Valley Unified School District
on October 16, 2010, from 8:30 a.m. to 12:30 p.m. at Castle Rock Elementary
School. The workshop will begin with an overview for the residents and participants
about what the workshop will entail. Following the introduction, the workshop
participants will be transported in a school bus to Site D for a "Site Awareness" tour
after which the participants will be transported back to Castle Rock Elementary
School for breakout discussion groups during which participants will be given an
opportunity to communicate their impressions of the site, observations and insights
to the school district and to provide feedback about what they believe is the
appropriate plan for the site. The primary objective that will be communicated to the
public is that this is a site that is for sale and that it will be developed. The school
district will not leave the land fallow due to significant budget issues for the school
district. It is possible that this item could be remanded back to the Planning
Commission for further deliberation before coming back to the City Council for
adoption of the Specific Plan and certification of the EIR. The Planning
Commissioners are welcome to attend, but because this is not a public noticed
meeting or decision-making meeting of the Commission—and most importantly
because there is still an open public hearing for the Site D Specific Plan which was
continued by the City Council from July 20—Commissioners who attend are
required to abide by the Brown Act and not interact with colleagues, not participate
actively in any discussions with the working groups and not give any appearance of
deliberating. Certainly, being observers in the process may prove useful to the
Commissioners as the process moves along and possibly comes back to the
Planning Commission. CDID/Gubman referred the Commissioners to the WVUSID
website and the link directing the user to the Site D website for additional
information.
Chair/Torng asked how many people were invited and whether it was for the entire
community or within the 500 feet. CDD/Gubman responded that it was within the
o I
1000 foot radius. Chair/Torng said he was worried because the grup that would
attend would be the same group of people and the only thing that he would hear
would be negative and he did not believe anything would contribute to the event
such as people coming to support the plan. He wanted to know CIDID/Gubman's
feeling on the 1000 foot limitation. CIDD/Gubman said that it was the school district
and staff's intent to be responsive to comments that alternatives were not presented
SEPTEMBER 28, 2010 PAGE 6
PLANNING COMMISSION
for the Commission to consider, and respond to comments and concerns from
participants not liking, for example, commercial and if this process can be used to
help understand what it is about commercial that participants find objectionable.
This additional outreach effort is being made to see if there is a land use plan that
can gain consensus. There will not be any progress made if the consensus is that
"the site should remain undeveloped" for example,.or if participants claim this site is
"open space" because it is not zoned "open space" and the owners have the right to
develop the land and it will be developed in some fashion.
C/Shah felt that if people take advantage of this workshop perhaps they can get a
true picture and be able to make an informed decision. He agreed with Chair/Torng
that it is the same people who show up time and again, but at least this will provide
the clarification needed and he believes the workshop is a good idea.
CDD/Gubman said that because it is hosted and being presented by the WVUSD
there are other notification venues this will be advertised through such as their
website, so there will likely be a more diverse audience as a result. As C/Shah
mentioned, there has been misinformation by the opposition alleging, for example,
that this is going to be a project for high density/low income apartments and that is
absolutely not what this plan envisions for this site. But that misinformation, through
repetition, has gained some traction. So yes, this workshop will provide an
opportunity to set the record straight on these attempts to generate opposition and
fear about what will happen with this site.
VC/Nolan asked if the City had any participation as far as presentation or input and
CDD/Gubman responded "no."
Chair/Torng said asked if it was possible to put this matter to a vote. On this issue
(Site D) it is important for the people surrounding the project and itis also important
for the whole City. Is it possible to have all residents vote for this project?
CDD/Gubman responded "no", this form of government is where representatives are
elected to make those kinds of decisions. They need to hear the public's voice but
ultimately, it is not a matter of having the public at large make that decision. There
is always an option to put something on a referendum but this is still within the realm
of having elected representatives make the final decision.
CDD/Gubman reported that the Planning Division is developing policy and
guidelines for artificial turf in response to water efficient landscaping and water
conservation needs.
r
i -)RAFT
SEPTEMBER 28, 2010 PAGE 7 PLANNING COMMISSION
Last Thursday the space planner for the City Hall project interviewed staff and
department heads for a needs assessment for the facility. As a result, preliminary
planning diagrams will be prepared to design the floor space for the project. Target
date for the move -in to the new facility is November 2011. The library will likely lag
behind that scheduled date due to additional complexities of that project and the
fact that it is funded through Los Angeles County. However, the City Hall project is
well underway and moving forward.
CDD/Gubman stated that because of a lot of calls to the City and the frustration with
the lack of activity at the Shell Station at Diamond. Bar Boulevard and Palomino, it
appears that the issues with the property owner, contractor, architect and Shell
Corporation are moving toward getting this project back online and staff hopes to
see significant construction activity in approximately one month.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Torng adjourned the regular meeting at 7:38 p.m.
The foregoing minutes are hereby approved this 12th day of October, 2010.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Tony Torng, Chairman
0;;;
Cr"'MMISSION
PLANNINu %--j
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NUMBER: 7.1
MEETING DATE: October 12, 2010
CASE/FILE NUMBER: Conditional Use Permit No. PL 2010-202
PROJECT LOCATION: 23499 Golden Springs Drive
(APN 8717-008-185)
APPLICATION REQUEST: To operate a new 1,895 square -foot foot and body
massage establishment provided by professionally
trained technicians, within Diamond Bar Village, an
existing 59,726 square -foot shopping center.
Fd �. 11 am �V* IIWTT ilk H 4
APPLICANT:
STAFF RECOMMENDATION:
H -B Diamond Bar, LLC
10877 Wilshire Blvd, Suite 1105
Los Angeles, CA 90024
HongweiZhang
9122 Ardendale Ave
San Gabriel, CA 91775
Approve subject to conditions
Site Description:
This matter was continued from the September 28, 2010, Planning Commission meeting to
allow staff to perform a revised parking analysis. The revised analysis was deemed necessary
after it was recently found that the original parking analysis was based on incorrect square
footage data for the shopping center.
Shan Ya Massage is proposing a new 1,895 square -foot foot and body massage establishment
within Diamond Bar Village, a 59,726 square -foot commercial center totaling 4.17 acres at the
northwest corner of Golden Springs Drive and Diamond Bar Boulevard. The shopping center is
occupied by various retail stores, real estate offices, restaurants, an adult day care, a dance
studio, a chiropractor office, and other service uses. The Assessor's Parcel Number (APN) is
8717-008-185.
The floor plan submitted for the proposed massage establishment includes a large open room
with 16 foot massage chairs, a semi -private room with four foot massage chairs, a waiting room,
reception area, five body massage rooms, two restrooms with a shower in each restroom, a
laundry room, and a storage area. The applicant intends to employ ten certified technicians and
a receptionist, all of whom shall be on-site during the proposed business hours of Monday
through Sunday from 8:00 a.m. to 10:00 p.m.
Site and Surrounding General Plan, Zoning and Land Uses
CUP No. PL 2010-202 Page 2 of 7
Aerial
.-a m n i_ ni -4 n nn� D- 4 of 7
ANALYSIS:
Review Authority (Diamond Bar Municipal Code (I)BIVIC) Section 22.58 and 22.10.030
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-3 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. For example, if the owner(s) of the proposed massage business
were to sell the business after it has begun operating, a new tenant could locate in the same
space and operate the same type of massage establishment. The new tenant would be required
to comply with the same conditions as the previous tenant and would not be permitted to
increase the services provided without full review and approval by the Planning Commission,
and potentially the City Council.
Business Regulations for Massage Establishments (DBIVIC Section 5.08.070 and SB 731)
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
(Attachment 3).
S13 731
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 a
minimum 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, Hongwei Zhang, and massage therapists, Shuhua Zhao and Ying Nie, completed
and submitted copies of their CAMTC certification (Attachment 5). The applicant chose to
CUP No. PL 2010-202 Page 4 of 7
obtain a CUP in case he decides to hire massage technicians that may not be CAMTC certified,
but have completed the certification requirements for a massage technician business license.
Compatibility with Neighborhood
As previously noted, Diamond Bar Village shopping center has a diversity of uses, including
various retail stores, real estate offices, restaurants, an adult day care, a dance Studio, a
chiropractor office and other service uses. The operational characteristics of Shan Ya Massage
are compatible with the existing uses in the shopping center. The hours of operation will be
from 8:00 a.m. to 10:00p.m., Monday through Sunday. The location within a shopping center
further reduces compatibility problems and will not significantly intensify commercial activity at
this site.
At the March 9, 2010, meeting, Commissioner Kwang Ho Lee asked how many foot massage
facilities are located within city limits. A list was compiled identifying all approved foot and body
massage establishments located in Diamond Bar. For reference, a city map identifying each
foot and body massage establishment throughout the city has been attached to show that there
is no over concentrated areas (Attachment 6).
Current parking standards require shopping centers larger than 50,000 square feet in size to
provide 1 parking space for every 300 square feet of gross floor area. The gross square footage
for the shopping center is 59,726 square feet, requiring 199 parking spaces. The shopping
center provides 213 spaces, which meets the parking requirement. However, the proposed use
is proposing a maximum of ten technicians and one receptionist at one time, thus requiring a
maximum of 21 parking spaces at any one time to accommodate employees and patrons. This
requires a total of 214 parking spaces. Therefore, staff is recommending a condition of approval
to limit the maximum number of technicians to nine and one receptionist at any one time to meet
the parking requirements as shown in the table on the next page.
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al-Tacial
Spa and Body Massage
I I I I 1111 a I FER I OW1
Foot Massage
Foot and Body Massage 15011
JIMMM...
Foot Massage
20627 Golden Springs Dr.
a—Foot
Massage
21343 Cold Spring Lane
March -9, 2010
Current parking standards require shopping centers larger than 50,000 square feet in size to
provide 1 parking space for every 300 square feet of gross floor area. The gross square footage
for the shopping center is 59,726 square feet, requiring 199 parking spaces. The shopping
center provides 213 spaces, which meets the parking requirement. However, the proposed use
is proposing a maximum of ten technicians and one receptionist at one time, thus requiring a
maximum of 21 parking spaces at any one time to accommodate employees and patrons. This
requires a total of 214 parking spaces. Therefore, staff is recommending a condition of approval
to limit the maximum number of technicians to nine and one receptionist at any one time to meet
the parking requirements as shown in the table on the next page.
r1I In 1,1- nI qnl 11 Or)') D- r_ -; 7
* 9 Technicians, 1 Receptionist, 9 Patrons/Customers
The existing parking supply is adequate and can accommodate the proposed foot and body
massage establishment with the condition of approval limiting the number of technicians to nine
with one receptionist. In addition, the proposed establishment will not increase any square
footage to the existing building.
One of the purposes of the Conditional Use Permit process is to consider potential impacts the
proposed use may have on parking on the property. When reviewing parking impacts on
properties with shared uses, the various uses, peak business hours and number of employees
for those uses are taken into consideration. The shopping 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.
CUP No. PL 2010-202 Page 6 of 7
Tenant
Size
Parking
Ratio
Parking
Required
Parking
Provided
1
Baskin Robbins
987
1/300
3.29
2
Pho Super Bowl
1,400
1/300
4.66
3
Fala, Inc.
1,200
1/300
4.00
Medicinal Compounding
1,030
1/300
3.43
5
William G. Myers & Binh
U4
1,200
1/300
4.00
6
Sheri -Lyn Liebe
j 1
1,500
1/300
5.00
7
7
��i. J/�
East West Bank
5,000
1/300
16.67
8
Good Care ADHC
7,280
1/300
24.27
9
Diamond Bar BBQ
1,000
1/300
3.33
10
0
Nail Spa Lane
1,660
1/300
5.53
11
1-
Villa Montessori Academy
4,669
1/300
15.56
12
Zhou Wang
500
1/300
1.67
1�
13
Cyclone Postal
500
1/300
1.67
14
Cyclone Cartridge
860
1/3.00
2.87
15
Diamond Bar Friends of
1,025
1/300
3.42
16
David Chang
340
1/300
1.13
17
Kims Shoe Repair
400
1/300
1.33
18
Sen Jung Huang, DDS
1,523
1/300
5.08
19
Georqe W. Than
433
1/300
1.44
20
Red Dragon Karate
2,713
1/3 ' 00
9.04
21
Shear Artistry
2,975
1/300
9.92
22
Academy Mortgage
3,400
1/300
11.33
23
Proposed Foot & Body Massage
1,895
1/300
19.00
24
Vacant Units
16,236
1/300
54.12
59,726
211.76
213
* 9 Technicians, 1 Receptionist, 9 Patrons/Customers
The existing parking supply is adequate and can accommodate the proposed foot and body
massage establishment with the condition of approval limiting the number of technicians to nine
with one receptionist. In addition, the proposed establishment will not increase any square
footage to the existing building.
One of the purposes of the Conditional Use Permit process is to consider potential impacts the
proposed use may have on parking on the property. When reviewing parking impacts on
properties with shared uses, the various uses, peak business hours and number of employees
for those uses are taken into consideration. The shopping 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.
CUP No. PL 2010-202 Page 6 of 7
The Public Works Department and Building and Safety Division reviewed this project, and their
comments are included in the attached resolution as conditions of approval.
On September 17, 2010, 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. A notice display board was posted at the site, and
a copy of the notice was posted at the City's three designated community posting sites. The
project was continued from the September 28, 2010, Planning Commission meeting and thus
did not require additional noticing. Staff has not received any comments from the public
regarding this application.
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 or exterior alterations involving such things as interior partitions, plumbing, and
electrical conveyances) of the CEQA Guidelines. No further environmental review is required.
Staff recommends that the Planning Commission adopt the attached resolution (Attachment 1)
approving Conditional Use Permit No. PL 2010-202, to allow a foot and body massage
establishment, based on the findings of DBMC Section 22.58, subject to conditions of approval
as listed within the draft resolution.
Prepared by:
Attachments:
Reviewed by:
Grace S. Lee
Senior Planner
1. Draft Resolution Approving CUP PL 2010-202
2. Site Plan, Floor Plan
3. Diamond Bar Municipal Code Section 5.08.070
4. Business Description
5. CAMTC Certifications
6. City Map Identifying Foot and Body Massage Locations
-1 in ki- ni nn A n I) r),) ED- 7 f 7
Attachment 1
PLANNING COMMISSION
RESOLUTION NO. 2010 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. PL 2010-202, A
REQUEST TO ESTABLISH AN 1,895 SQUARE -FOOT FOOT AND BODY
MASSAGE ESTABLISHMENT AT 23499 GOLDEN SPRINGS DRIVE
(ASSESSORS PARCEL NO. 8717-008-185)
A. RECITALS
1. Property owner, H -B Diamond Bar, LLC and applicant, Hongwei Zhang, have filed
an application for Conditional Use Permit No. PL 2010-202 to allow a 1,895
square -foot foot and body massage establishment located at 23499 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. The subject property is located in the Community Commercial (C-2) zone and is
consistent with the General Commercial (C) land use category of the General
Plan.
3. The legal description of the subject property is Parcel Map 61-76, Portion of Lot 1
and the Assessor's Parcel Number is 8717-008-185.
4. On September 17, 2010, 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. Also, the Project Site was posted with a display
board and the public notice was posted in three public places.
5. On September 28, 2010, the Planning Commission continued the item to the
October 12, 2010 hearing date.
6. On October 12, 2010 the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing, solicited testimony from all
interested individuals, and conducted said hearing on that date.
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of
the City of Diamond Bar as follows:
I 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)
pursuant to the provisions of Article 19 Section 15301(a) (interior or exterior
alterations involving such things as interior partitions, plumbing, and electrical
conveyances) of the CEQA Guidelines. No further environmental review is
required.
C. FINDINGS OF FACT
Based upon the findings and conclusion 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 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 mannerin 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 foot and body massage is located within a multi -tenant commercial
center occupied by various retail stores, real estate offices, restaurants, a day
care, dance studio, chiropractor, and otherservice uses. As such, the operational
characteristics of a massage establishment 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.
2
Planning Commission Resolution No. 2010-xx
The Project Site is located within an existing commercial building that was
developed for the use of retail, offices, and other service uses. The proposed foot
and body massage establishment provides a service that is compatible with the
other uses that operate within the subject property. The proposed location within a
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.
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 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 or exterior alterations involving
such things as interior partitions, plumbing, and electrical conveyances) of the
CEQA guidelines. No further environmental review is required.
Based on the findings and conclusions set forth above, the Planning Commission
hereby approves the Application subject to the following conditions and the attached
standard conditions:
The establishment is approved as a massage therapy business specializing
in foot and body massage as described in the application on file with the
Planning Division, the Planning Commission staff report for Conditional Use
Permit No. PL 2010-202 dated September 28, 2010, and the Planning
Commission minutes pertaining thereto, hereafter referred to as the "Use".
The Use shall be limited to the provision of foot and body massage.
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 subjectto a background investigation to
3
Planning Commission Resolution No. 2010-xx
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.
5. This Conditional Use Permit shall be valid only for 23499 Golden Springs
Drive. 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 8:00 a.m. to 10:00 p.m., seven
(7) days a week. Any changes to these hours of operation shall be subject
to staff review and require an amendment to the approved Conditional Use
Permit.
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
Conditional Use Permit, 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.
8. There shall be no more than nine massage technicians and one
receptionist at any one time.
9. There shall be no more than sixteen (16) massage chairs within the open
area, four (4) massage chairs within the semi -private room, a waiting room,
reception area, and five (5) body massage rooms as depicted on the
approved floor plan. Any proposed changes to the floor plan shall require
Planning Division review and approval, unless expressly exempt from these
requirements pursuant to California Senate Bill 731.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to:
Hongwei Zhang, 9122 Ardendale Ave San Gabriel, CA 91775 and H -B
Diamond Bar, LLC, 10877 Wilshire Blvd, Suite 1105 Los Angeles, CA
90024.
4
Planning Commission Resolution No. 2010-xx
APPROVED AND ADOPTED THIS 12T" DAY OF OCTOBER, 2010, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
n-dy
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 12th day of
October 2010, by the following vote:
AYES: Commissioners: None
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: Nolan
ATTEST:
Greg Gubman, AICP, Secretary
Community Development Director
5
Planning Commission Resolution No. 2010-xx
� �i.. �F �� ..'�1. a !hf rt,, ; a. �,: s t.. L � .x,��est� �.r � .».� t � � �a�u.:,s
SUBJECT: Massage establishment specializing in foot and bod
massage therap
APPLICANT: Hongwei Zhang
LOCATION: 23499 Golden Springs Drive, Diamond Bar, CA 91765
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
pufflAXIAZW
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 2010-202 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.
6
Planning Commission Resolution No. 2010-xx
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. PL 2010-202 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. Tho.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, Public Works Department and Mitigation Monitoring)
at the established rates, prior to issuance of building or grading permit (whichever
come first), as required by the City. School fees as required shall be paid prior to
the issuance of building permit. In addition, the applicant shall pay all remaining
7
Planning Commission Resolution No. 2010-xx
prorated City project review and processing fees prior to issuance of grading or
building permit, whichever come first.
2. Prior to any plan check, all deposit accounts for the processing of this project shall
have no deficits.
C. TIME LIMITS
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:
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 minimum design load for wind in this area is 85 M.P.H. exposures "C" and the
site is within seismic category (D). The applicant shall submit drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
6. The plans submitted must reflect the proposed construction and be wet ink signed
by the design professional under whose supervision the documents were
prepared.
8
Planning Commission Resolution No. 2010-xx
7. 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.
8. This project shall comply with the 2008 energy conservation requirements of the
State of California Energy Commission.
9. Specify location of tempered glass as required by code.
10. Verify adequate exit requirements. The distance between required exits
shall be'/2 of the building diagonal.
11. Provide exit analysis showing occupant load for each space, exit width, exit signs,
etc
12. In order to accurately monitor and report all construction and debris generation
and diversion activities, all materials must both be hauled and processed by a city
franchised contractor or by a licensed demolition contractor subject to compliance
with specific permitting and reporting requirements. Southern California Air Quality
Management District (SCAQMD) approval/clearance will be required prior to the
issuance of a demolition permit. Please contact AQMD at (909) 367-2327.
Az ILI
9
Planning Commission Resolution No. 2010-xx
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Attachment 3
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:
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.
Attachment 3
(C) Application information—Massage establishment and off premises massage
businesses. In addition to the information prescribed by the director of community
development, all applications for a license to conduct a massage parlor or off -
premises massage business must contain the following information:
(1) The complete address and all telephone numbers of the massage parlor
or off -premises massage business;
(2) A complete list of the names and residence addresses of all proposed
massage technicians and employees employed by the massage
establishment and the name and residence addresses of the manager or
managing employee proposed to be principally in charge of the operation
of the massage establishment;
(3) The two previous addresses of the applicant immediately prior to the
present address of the applicant;
(4) Written proof of the applicant's age, height, weight, color of hair and eyes
and sex;
(5) Two identification photographs and fingerprints of the applicant;
(6) The massage or similar business history and experience of the applicant,
including but not limited to, whether or not such person, in previously
operating a massage establishment or similar business in this or any other
city or state under license or permit, has had such license or permit
denied, revoked, or suspended and the reasons therefore:
(7) All criminal convictions excluding traffic or infraction violations;
(8) Such other information and identification deemed necessary by the
sheriffs department.
(D) Application information—Massage technicians. In addition to the information
prescribed by the director, an application for a massage technician license shall
include the following information:
(1) The last two previous addresses, if any, immediately prior to the present
address of the applicant;
(2) The applicant's height, weight, sex, color of eyes and hair;
Attachment 3
(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.
Attachment 3
[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.
Attachment 3
(5) Hours of operation. The licensee operator shall not conduct or operate a
massage parlor or an off -premises massage business between the hours
of 10:00 p.m. and 7:00 a.m. of any day, and shall exclude all customers,
patrons and visitors therefrom between those hours. .
(6) Maintenance of premises and equipment.
a. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms and all
other physical facilities of the establishment shall be in good repair and
maintained in a clean and sanitary condition;
b. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor
cabinets, shower compartments and toilet rooms shall be thoroughly
cleaned each day the business is in operation. Bathtubs shall be
thoroughly cleaned after each use;
c. Clean and sanitary towels and linens shall be provided for each patron
of the establishment or each patron receiving massage services. No
common use of towels or linens shall be permitted.
d. Standard or portable massage tables shall be used with a durable,
washable plastic or other waterproof material as a covering.
(7) Recording of activities prohibited. No building or part thereof where a
massage parlor, or an off -premises massage, is being conducted shall be
equipped with any electronic, mechanical or artificial device used, or
capable of being used for recording or videotaping, for monitoring the
activities, conversation, or other sounds in the treatment room or room
used by customers.
(8) Off -premises massage prohibited. No massage establishment issued a
license under this chapter shall send massage technicians off the
premises for the purposes of administering a massage, nor shall the
massage parlor or any part thereof be used by any employee, operator,
manager, or owner to receive or accept such requests for off -premises
massages, except when such off -premises massage is permitted under
this chapter.
(9) Dress requirements.
a. All massage technicians, attendants and employees of massage
parlors or off -premises massage businesses shall wear clean
garments. These garments must be of a fully opaque material and
Attachment 3
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)
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Attachment ~r
Description of BusinessMVmassage business isprojected tobeset uponthe prem besof23499(]Olden
Springs Dr', Diamond Bar, whole ��e�lized as8business
locati�D``whose main service ismassage. The operating hours ofthe business isO:OO80
to1O:OOprn/from Monday toSunday. There will b8three b)five massage therapists
vVO[kiDg in the establishment. The business will have 5 OlBSSage rooms with [nosSag8
tables and 2Ofoot massage chairs.
The services of the business include full body massage and foot reflexology. Full body
massage is a procedure which is performed on a massage table and it can be broken
down into seven sub catego ri es—Swe dish Massage Therapy, Aromatherapy Massage,
Hot Stone Massage, Deep Tissue Massage, Shiatsu, Thai Massage and Back Massage.
However, we will mainly focus on Swedish massage as it is the most common and
popular therapy in the US. We will also have the other six types available as accessories.
|nthe massage establishment, three body massage rooms are projected andtheyare
labeled os"Room A"inthe floor plan paper.
Foot reflexology isalso Bmain service that will beprovided tOpatrons. AChinese
herbal foot massage lasts between 40 and 60 minutes, with the therapist spending the
last1OnniOVtes,rnassagingthebackcneckaOd,shoV|de[asVxell.AccnFdiDgtothe
principles of Chinese herbal foot massage, different parts of the foot correspond with
different parts ofthe body. Atoe massage can assuage �iDuspain, while applying
pressure on the arch soothes a stomach ache. Afoot massage uses rubbing and
manipulation versus applying direct pressure on specific points of the feet.
Attachment 5
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City of Diamond Bar Attachment 6
Foot and Body Massage Locations
C
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Business Type
Address
Date Approved
Facial Spa and Body Massage
1160 Diamond Bar Blvd
August 24, 2004
Foot Massage
1395 Diamond Bar Blvd
August 25, 2009
Foot and Body Massage
21014 Golden Springs or
November 10, 2009
Foot Massage
20627 Golden Springs Dr
December 8, 2009
Foot Massage
21343 Cold Spring Ln
March 9, 2010
* Proposed Project Site
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04
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEET[N9,-i,,,,,
AND AFFIDAVIT OF POSTING'''
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
1, Stella Marquez, declare as follows:
On October 12, 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.
1, Marcy Hilario, declare as follows:
I am employed by the City of Diamond Bar. On October 8, 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 October 8, 2010, at Diamond Bar, California.
U/
Stella Marquez
Community Developp4inif �Department
gA\affidav i tpos ti jig. doe
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