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Home My WebLink About10/26/2010PLANNING FILE COPY October 26, 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 Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. if you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 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. 100r.�i J12 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(cbci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, October 26, 2010 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2010-27 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 Speaker's Card for the recording Secretary (completion of this form is _voluntary). There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: October 12, 2010. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARINGS): 7.1 Conditional Use Permit No. PL 2010-263 — Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant is requesting approval to operate a 2,271 square -foot music school within Golden Springs Plaza, an existing 52,460 square -foot shopping center. The subject property is zoned Regional Commercial (C-3) with a consistent underlying General Plan land use designation of General Commercial (C). Project Address: 20657 Golden Springs Drive, Suite 207 OCTOBER 26, 2010 A a 10 PAGE 2 PLANNING COMMISSION AGENDA Property Owner: Golden Springs Plaza, LLC 18856 Amar Road, Suite 6 Walnut, CA 91789 Applicant: Esther Kho 1716 Brea Canyon Cutoff Walnut, CA 91789 Environmental Determination: The City has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality (CEQA), as prescribed under Section 15301(a) (interior alterations involving such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. PL 2010-263, to allow a music school based on the findings of Diamond Bar Municipal Code Section 22.58, subject to the conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS ! INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects: SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Tuesday, November 2, 2010 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, November 9, 2010 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, November 11, 2010 - 7:00 p.m, Government Center/ SCAQMD Hearing Board Room, 21865 Copley Drive Thursday, November 18, 2010-7:00 p.m. Government Center/ SCAQMD Hearing Board Room, 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 12, 2010 CALL TO ORDER: Chairman Torng called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: VC/Nolan led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Steve Nelson, Vice Chairman Kathy Nolan and Chairman Tony Torng. Absent: Commissioner Jack Shah was excused. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; David Alvarez, Assistant Planner; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of September 28, 2010. C/Nelson moved, C/Lee seconded, to approve the Minutes of the Regular Meeting of September 28, 2010, as presented. Motion carried by the following Roil Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: Lee, Nelson, Chair/Torng None Shah 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 OCTOBER 12, 2010 PAGE 2 RAFT -- PLANNING COMMISSION Village, a 59,726 square foot shopping center located on a 4.2 acre property zoned Community Commercial (c -z) 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: APPLICANT: H -B Diamond Bar, LLC 10877 Wilshire Boulevard, Suite 1105 Los Angeles, CA 90024 Hongwei Zhang 9122 Ardendale Avenue San Gabriel, CA 91775 AP/Alvarez presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL 2010-202, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lee asked about the nature of the business and how they perform foot massage. AP/Alvarez explained that the business provides foot massage and full body massage services done by professionally trained technicians. C/Lee asked if technicians and massage parlors are the same thing. AP/Alvarez explained that a technician is a person certified to administer massage therapy, whereas a massage parlor is an establishment where various types of services are provided. C/Lee asked if foot massage and full body massages were two separate things and AP/Alvarez responded yes, that foot massages were done in an open area and there would be five private rooms for full body massages. VC/Nolan asked for clarification about the reason the applicant was requesting a Conditional Use Permit. AP/Alvarez stated that the applicant is certified by the State of California Massage Therapy Council (CAMTC) and does not have to go through the CUP process if all employees are CAMTC certified. The applicant is requesting a CUP because he wants to make certain that if he hires a technician that is certified, but is not CAMTC certified, he is covered in all aspects of the application. VC/Nolan asked why the City would not want all technicians CAMTC certified and CDD/Gubman responded that up until the passage of SB 731, all massage establishments in the City were required to have a CUP before commencing operation. Massage therapists seeking employment at such establishments are required submit to a background check and approval process through the City in order to obtain a business license. Massage therapists seeking to practice their craft must have attended an accredited Message Therapy School and must perform a minimum number of hours. The CAMTC is a state agency that just came into existence within the last year and was created as a result of adoption of SB 731. The intent of that agency is to relieve local agencies of the OCTOBER 12, 2010 PAGE 3 PLANNING COMMISSION responsibility and possible arbitrary nature of their regulations by establishing this agency that oversees the licensing and monitoring of massage technicians in a manner similar to the State Contractors Licensing Board that oversees contractors, and other agencies that oversee the practitioners in the industries. VC/Nolan asked if all massage therapists would be required to be certified by the state. CDD/Gubman said that that is a consideration because cities are looking to do away with the CUP requirement altogether and simply require these establishments to be 100 percent CAMTC certified. VC/Nolan asked if it would be unreasonable for the City to impose a two-year timeframe on requiring the massage therapists be CAMTC certified because this is a new business and this lease space has been vacant for some time and she applauds anyone who would want to come to the City and move into this large location. CDD/Gubman said he believed it was reasonable in concept. Once individuals become CAMTC, the CUP is essentially irrelevant. CDD/Gubman indicated to Chair/Torng that once the establishment becomes exempt from the CUP requirement, the City cannot impose a parking requirement that is different from a retail user. Under the CUP, the City is requiring the use to reserve 19 parking spaces. If the establishment did not go through the CUP process it would be required to reserve only about six or seven parking spaces. There were no ex parte disclosures. Chair/Torng opened the public hearing. Eric Ling, Architect, representing the owner, stated that he concurred with staff's report and conditions of approval and wanted to believe that this establishment would provide a high quality new business and service to the community. C/Lee said he did not have a positive impression about this business and he is concerned about how close it is to the middle school and other schools. There are a lot of kids who do not understand the nature of the business and have negative impressions about massage businesses and what can be happening there. Educationally, this does not give a good impression and he is concerned even though the owner conducts the business legally. If the business does not have a name it should consider a different business name, without the word massage, that would not give kids and adults the wrong impression. Mr. Ling said he discussed this issue with his client and overall, the practice is more like a spa than a massage therapy. There has been no decision made regarding the name and he will definitely take the objection to his client for discussion. OCTOBER 12, 2010 PAGE 4 PLANNING COMMISSION Chair/Torng asked Mr. Ling if he read staff's report and agreed with the conditions, especially the condition for the parking permit and Mr. Ling responded affirmatively. A student attending UCSD spoke at the meeting. He is majoring in microbiology and on weekends after studying all week he tries to relax. In addition to watching his diet, he attends massage establishments for a massage. Foot massages are very relaxing and he urged- everyone who had not had a foot massage to try it. This is not something that has a negative connotation. Illegal massage parlors would not make an effort to comply with a Conditional Use Permit requirement nor have their employees certified. Massage establishments he has visited are legal, nicely built and employ professionals. He intends to become certified as well because he wants to be a physical therapist, a profession that is closely related to massage therapy. Chair/Torng closed the public hearing. C/Lee moved, C/Nelson seconded, to approve Conditional Use Permit No. PL 2010-202. VC/Nolan respectfully disagreed with C/Lee on his notion of massage therapy. She believes it is an excellent profession and a profession that is needed by the community. She does agree with C/Lee that a user-friendly name is very important. Even though the licensing process is grueling, she agrees that it is important and she believes that the therapists should be licensed by the state rather than being able to go through the CUP process to get the business started. C/Nelson asked if VC/Nolan wanted a condition added. VC/Nolan said that if others agree she would entertain a condition but it is her opinion only. She again asked if staff agree with imposing a time to comply with state certification because there were a number of these types of establishments coming before the Commission for CUPs. She wondered if it held the City to a higher standard. CDD/Gubman said it relieves the City of the burden of going through the background check process and the CAMTC has an enforcement arm to ensure that the licensees are not violating any of the regulations and there is a revocation process similar to other professional disciplines that are state licensed. VC/Nolan asked if the City would like to be relieved of these responsibilities and CDD/Gubman said yes, because it is very costly for the City to revoke permits and licenses and go through the prosecution process. The more that is under the jurisdiction of another agency, it lessens the City's obligation for enforcement costs and staff time. CDD/Gubman suggested that the Commission should consider a condition about the business name that appears on the signage. With respect to certification, he suggested that if the Commission wanted to add a condition that the condition OCTOBER 12, 2010 PAGE 5 PLANNING COMMISSION would say in essence that within two years after date of approval of this CUP all technicians must be CAMTC certified with a caveat that should there be something in SB 731 that would supersede or render this condition invalid, the condition would become null and void. VC/Nolan asked if the City's Development Code should be changed accordingly to universally apply to all businesses. CDD/Gubman said staff should be looking at putting together a code amendment and make a decision whether or not the City wants to do away with the CUP requirement and simply limit massage establishments to those that employ state certified technicians. C/Nelson said he was uncertain whether the City could stipulate what could or could not be placed on a sign. In 1984 the Asian Business Association of Pomona sued the city because the city attempted to impose an English only sign ordinance which was overturned as unconstitutional because it violated the right of free speech. CDD/Gubman agreed with C/Nelson's statement. However, if the applicant would concur to such a condition he would not see a problem. C/Lee said he did not believe the Commission could impose a condition regarding the name. However, he understood VC/Nolan's concern and wanted to know if a supervisor could be licensed and oversee and supervise the workers. CDD/Gubman said that in his view, that would be a reasonable condition to impose because it places the burden of oversight on the supervisor who could then be putting their license on the line if an employee engaged in inappropriate conduct. VC/Nolan said she would agree with that but did not believe that it was unreasonable to require the employees to be state certified. CDD/Gubman agreed and stated that there are certain "hot topics" in the planning profession with regulation of these types of uses being one so he has been following this matter closely. And when staff brings forward a bundle of code amendments, the Commission can be assured that staff will either include this or provide the Commissioners with staff's findings. CDD/Gubman reminded the Commission that the applicant's representative has gone on record as stating that the applicant is sensitive to the matter of the business name and will take that into account when deciding the business name. This declaration in the public record may be adequate for the Commission that the applicant will give the naming of the business appropriate consideration regardless of what Constitutional rights they may have. C/Lee amended his motion to include a condition to wit: that the management of the business is CAMTC certified at time of approval. C/Nelson seconded the amendment. T OCTOBER 12, 2010 PAGE 6 PLANNING COMMISSION Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee said he read two years ago that the City of Huntington Beach actually has 200 massage establishments. The City must have guidelines for the future to determine the number of such uses. CDD/Gubman said that overconcentration of businesses is a potential land use problem. There is an overconcentration of Hookah lounges in Anaheim and there have been a lot of police problems associated with that use. He agreed with C/Lee and as part of this analysis, staff provided the distribution of businesses to see whether or not the City is approaching that threshold. So far we are ok. C/Nelson complimented AP/Alvarez on his delicate handling of the differences between a massage parlor and a masseuse. Chair/Torng thanked C/Lee for mentioning the matter of business distribution. On October 16 there will be a Site D workshop. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman stated that at this time there is one item on the October 26 Planning Commission agenda for a music school proposed at the new two-story building at Golden Springs between Banning Way and Lemon Avenue. As Chair/Torng mentioned, the Walnut Valley Unified School District is hosting a Site D Neighborhood Workshop this Saturday from 8:30 a.m. to 12:30 p.m. which will include a site visit and walk of the property followed by an interactive workshop with the participants. October 19 is the date to which the July City Council Site D hearing was continued and at the October 19 meeting staff will request an additional continuance so that a report on the outcome of the workshop and public comments can be completed and brought back to the City Council on November 16. Based on the report on the neighborhood feedback, staff will ask the City Council for direction on whether or not there should be any further revision to the Specific Plan and staff will move forward accordingly at a date to be determined. CDD/Gubman commented that an article in today's newspaper indicated that the Industry Stadium is alive and moving forward. The developer is looking at modifying the project to potentially accommodate a World Cup soccer event in the future. i 2.�, , -A OCTOBER 12, 2010 PAGE 7 PLANNING COMMISSION CDD/Gubman reported that staff continues to work with the new city hall architects and preliminary floor plan designs should be available toward the end of this week. The library is moving forward as well although for structural reasons, they will lag behind the City. The design development construction process appears to be very encouraging that this project will be a huge success. CDD/Gubman stated that the City terminated its contract with its Building and Safety consultant that has been with the City for the past 17 years. A new consulting firm is providing building and safety services and staff will ask the City Council on October 19 to extend the interim contract until the end of the current fiscal year. In the meantime, staff will study this staffing opportunity to see whether it makes sense to hire in house staff to provide those services or hire a City Building Official and contract out for inspectors and other support services, Staff has time to study this matter and make the right decision prior to the end of the current fiscal year. CDD/Gubman indicated that November 1 through November 4 are the dates for the California Chapter of the American Planning Association Conference in Carlsbad. He plans to attend the entire conference as part of his obligation to maintain his certification as a Certified Planner. All planning staff will have an opportunity to attend one or two days of the conference as well. He said he would report back to the Commission on any items of interest learned. 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 7:56 p.m. The foregoing minutes are hereby approved this 26th day of October, 2010. Attest: Respectfully Submitted, Greg Gubman Community Development Director Tony Torng, Chairman -xA►Ill�i:``,.:...:, PLANNING®MMISSION Vo- \$, _ s, �,,` AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NO. MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER: APPLICANT: 7.1 October 26, 2010 Conditional Use Permit No. PL 2010-263 20657 Golden Springs Drive #207 (APN 8763-007-022) To operate a 2,271 square -foot music school providing music lessons to children and adults within Golden Springs Plaza, an existing 52,460 square -foot shopping center. The subject site is zoned C-3 (Regional Commercial) with an underlying General Plan designation of General Commercial. Golden Springs Plaza, LLC 18856 Amar Road, Suite 6 Walnut, CA 91789 Esther Kho 1716 Brea Canyon Cutoff Walnut, CA 91789 STAFF RECOMMENDATION: Approve subject to conditions. BACKGROUND: Yamaha Music Center of Diamond Bar is an existing music school located in Rowland Heights for the past 28 years and is proposing to relocate to Diamond Bar. The applicant is proposing a new 2,271 square -foot music school within Golden Springs Plaza. On July 20, 2004, the City Council approved Golden Springs Plaza, a 52,460 square - foot, two-story commercial building located at the northwest corner of Golden Springs Drive and Banning Way. The center was constructed with 244 parking spaces. Project Description: The proposed music school will provide one-on-one and classroom music lessons to children over four years old and adults. Classes include piano, violin, guitar, clarinet, flute, music theory, and voice. Classes for other types of instruments are added if requested, or if they are a popular trend. The proposed hours of operation are Monday through Friday from 3:30 p.m_ to 8:00 p.m., Saturday from 9:00 a.m. to 6:00 p.m., and closed on Sundays. The duration of a class is approximately one hour. The school has approximately 100 students enrolled, and will have a maximum of 15 students, eight teachers, and two administrative staff at any one time. Children that have music lessons will be dropped off by their parents and picked up after the lesson. Some parents stay during their children's lessons. The floor plan submitted includes four classrooms, five private rooms for one-to-one instruction, two restrooms, and a lobby with a reception area. The applicant intends to employ one receptionist, one office manager and eight music teachers. Site and Surrounding General Plan, Zoninq and Land Uses The project site is located in a commercial center on Golden Springs Drive between Banning Way and Lemon Ave. Page 2 of 6 CUP No. PL 2010-263 North General Regional General retail, restaurant, Site Commercial Commercial office, and service uses (C) (C-3) North N/A N/A 60 Freewa and Nursery South11 Low Density Low Density Single -Family Residential Residential (RL) Residential (RL) Southwest General Commercial Regional General Retail, Restaurant, (C) Commercial (C-3) Liquor store East General Commercial Regional Professional Offices (C) (C-3) West General Commercial —Commercial Regional General Retail, Restaurant, (C) Commercial (C-2) Office, and Service Uses Aerial Page 3 of 6 CUP No. PL 2010-263 Building to Left (Southwest) Project Site Building to Right (East) ANALYSIS: Review Authoritv (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 Regional Commercial (C-3) zone requires approval of a CUP for schools offering specialized education and training. 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 public health, safety, 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 music school were to close the school after it has begun operating, a new tenant could locate in the space and operate the same type of school. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to expand the school without full review and approval by the Planning Commission. Compatibility with Neighborhood Golden Springs Plaza has a diversity of uses, including chiropractor office, restaurants, and nail spa. The operational characteristics of the proposed music school are compatible with the existing uses in the center. Given the proposed hours of operation, the availability of parking, and the types of adjoining uses, it is expected that the music school would be a compatible use at this location. Page 4 of 6 CUP No PL 2010-263 Parking and Circulation Current parking standards require shopping centers larger than 50,000 square feet in size to provide one parking space for every 300 square feet of gross floor area. The gross square footage for the building is 52,460, which requires 175 parking spaces. The proposed music school would need a minimum of 25 parking spaces to accommodate 15 students, eight teachers, and two administrative staff at any one time. Therefore, the center including the proposed music school requires 200 parking spaces. The center was developed with 244 parking spaces, which exceed this requirement by providing a surplus of 44 parking spaces. Parking Requirement Most students are minors and dropped off by a parent, which will reduce the demand for parking. The existing parking supply is adequate and can accommodate the proposed music school. The varying uses result in a range of peak business hours allowing for adequate parking for each use. In the light of these factors, staff does not foresee any parking issues resulting from the proposed uses. In addition, the proposed music school will not increase any square footage to the existing building. Additional Review The Public Works Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On October 15, 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 Inland Valley Daily Bulletin and San Gabriel Valley Tribune newspapers. A notice display board was posted at the site, and a copy of the public notice was posted at the City's three designated community posting sites. Page 5 of 6 CUP No. PL 2010-263 s • Land-• • ing,, • • - • • • • 50,189 Sq. Ft. Shopping Center 50,189 Sq. Ft. 1/300 Sq. Ft. 167 1/300 Sq. Ft. plus 15 students, Proposed Music 8 teachers, School 2,271 Sq. Ft. 2 admin. staff 33 TOTAL 1 52,460 1 200 244 Most students are minors and dropped off by a parent, which will reduce the demand for parking. The existing parking supply is adequate and can accommodate the proposed music school. The varying uses result in a range of peak business hours allowing for adequate parking for each use. In the light of these factors, staff does not foresee any parking issues resulting from the proposed uses. In addition, the proposed music school will not increase any square footage to the existing building. Additional Review The Public Works Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On October 15, 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 Inland Valley Daily Bulletin and San Gabriel Valley Tribune newspapers. A notice display board was posted at the site, and a copy of the public notice was posted at the City's three designated community posting sites. Page 5 of 6 CUP No. PL 2010-263 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 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 No. PL 2010-263, to allow a music school, based on the findings of DBMC Section 22.58, subject to conditions of approval as listed within the draft resolution. Prepared by: Davi Alvare Assistant Panner Attachments: 1. Draft Resolution No. 2010 -XX 2. Site Plan and Floor Plan Reviewed by: G to S. Le Senior Planner Page 6 of 6 CUP No. PL 2010-263 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 2010-263, A REQUEST TO OPERATE A 2,271 SQUARE -FOOT MUSIC SCHOOL LOCATED AT 20657 GOLDEN SPRINGS DRIVE #207, DIAMOND BAR, CA (ASSESORS PARCEL NO. 8763-007-022). A. RECITALS Property owner, Golden Springs Plaza, LLC and applicant, Esther Kho, have filed an application for Conditional Use Permit No. PL 2010-263 to operate a music school located at 20657 Golden Springs Drive #207, 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 site is located in the Regional Commercial (C-3) 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 identified as Assessor's Parcel Number is 8763-007-022. 4. On October 15, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. 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. In addition to the published and mailed notices, the project site was posted with a display board. 5. On October 26, 2010, 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. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 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 alterations involving interior partitions and electrical conveyances) of the CEQA Guidelines. Therefore, no further environmental review is required. C. 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 DBMC Section 22.10.030, Table 2-6, a specialized education and training school is permitted in the C-3 zoning district with approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the proposed use will be compatible with 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 music school is located within a multi -tenant shopping center occupied by various offices, general retail, restaurants, and other service uses. As such, the operational characteristics of a music school 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 center that was developed for the use of retail, offices, and other service uses. The proposed music school 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; and Prior to the issuance of any city permits, the proposed use 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. No further environmental review is required. 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 music school as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit PL 2010-263 dated October 26, 2010, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to a music school. 2. 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. 3. This Conditional Use Permit shall be valid only for 20657 Golden Springs Drive #207, 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. Planning Commission Resolution No 2010 -XX 4. 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. 5. This approval does not specify limitations on class sizes or business hours based on the presumption that the proposed use will operate in a manner that does not deviate significantly from the operating characteristics described in the CUP application, as summarized below: Business hours — Monday through Friday from 3:30 p.m. to 8:00 p.m., and Saturday from 9:00 a.m. to 6:00 p.m.; and ® Fifteen or fewer students, eight teachers, and two administrative staff at any one time. If, at any time, the City finds that the use is the cause of a parking deficiency of other land use impact, the Community Development Director may refer the matter back to the Planning Commission to consider amending this CUP to the address such impacts. 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: Esther Kho, 1716 Brea Canyon Cutoff, Walnut, CA 91789; Golden Springs Plaza, LLC, 18856 Amar Road, Suite 6, Walnut, CA 91789 APPROVED AND ADOPTED THIS 26TH DAY OF OCTOBER 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 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 26th day of October 2010, by the following vote: 4 Planning Commission Resolution No. 2010 -XX AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, AICP, Secretary Planning Commission Resoluticn No. 2010 -XX COMMUNITY DEVELOPMENT DEPARTMENT L" Fill q 1110 USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: SUBJECT: APPLICANT: LOCATION: Conditional Use Permit No. PL 2010-263 Music School Yamaha Music School- Esther Kho 20667 Golden Springs Drive #207, Diamond Bar, CA 91789 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of Conditional Use Permit No. PL 2010-263 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 approval of this Conditional Use Permit No. PL 2010-263 at the City of Diamond Bar Community Development Department, their affidavit stating 6 Planning Commission Resolution No. 2010 -XX 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, ail 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 (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 comes 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 (2) years Planning Commission Resolution No 2010 -XX 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. 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. 3. 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. 4_ 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. 5. 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. 6. The project shall comply with 2008 energy conservation requirements of the State of California Energy Commission. 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. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 9. Please submit a total of 3 full sets of plans for review to the Building & Safety Division after the plans have been approved by the Planning 8 Planning Commission Resolution No 2010 -XX Division/Commission. END Planning Commission Resolution No. 2010 -XX • ^ Fair, 1 0� � �� aCDcn lL Om 0-4 < m o 8 Oogaa8�" 0 ,mss€ 70 D w co in-_ rn y� g°fig n a z 0 ®gip m BUJ 12 m O ° g = sas _ 9 M. • ^ Fair, 1 0� � �� aCDcn 0-4 g 3 zO "m=_ �nn�m cc ;Dm AAZ o Dm m a � � • ^ Fair, 1 0� � �� aCDcn 0-4 n� m stop v V Z Jh. 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NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, Stella Marquez, declare as follows: On October 26, 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. Iterns for consideration are listed on the attached agenda. I, Marcy Hilario, declare as follows: I am employed by the City of Diamond Bar. On October 21, 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 declare under penalty of perjury that the foregoing is true and correct. Executed on October 21, 2010, at Diamond Bar, California. 22��:=— Stella Marquez Community Development Department g 1laffidavitposting doc File vi by �1^ °� and is ready fior scanning