HomeMy WebLinkAbout12/14/2010PLANNIN ( FILE Copy
COMMISSIOrm ,
Decemberl 4, 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
Me in the Planning Division of the Community Development Department, located at
21825 Copley Drive, and are available for public inspection. If you have questions regarding
an agenda item, please call (909) 839-7030 during regular business hours.
Written materials distributed to the Planning commission within 72 hours of the Planning Commission
meeting are available for public inspection immediately upon distribution in the City Clerk's office at
21825 Copley Drive, Diamond Bar, California, during normal business hours.
In an effort to comply with the requirements of Title /1 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.
I
The City of Diamond Bar uses recyclea paper
Please refrain from smoking, eating or and encourages you to do the same
drinking in the Auditorium
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 bf 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
Agenda . s 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.rn . ., Monday through Thursday, and 7:30 a.m.
and 4:30 p.m., Friday.
Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030
General Agendas (909) 839-7030
email: info(d-)ci.diamond-bar.ca.us
Next Resolution No. 2010-28
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, December 14, 2010
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 publican
opportunity to speak on non-public hearing and non -agenda items. Please complete
Speaker's Card. for the recording Secreta[ y (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.
4.2
Minutes of Regular
Meeting:
October 26, 2010.
5. OLD BUSINESS. None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Conditional Use Permit No. PL 2010-364 — Under the authority of Diamond
Bar Municipal Code Section 22.58, 1 the applicant is requesting approval to
operate a 1,000 square -foot reading tutoring center for children ages 6 to 13
within Plaza Diamond Bar. The subject property is zoned C-2 (Community
Commercial)
DECEMBER 14,2010 PAGE 2
PLANNING COMMISSION AGENDA
Project Address: 2020 Brea Canyon Rd., Suite A-5
Property Owner: Plaza Diamond Bar Partners
3029 Wilshire Blvd., #202
Santa Monica, CA 90403
Applicant: Sean Kim
955 N. Creekside Dr.
Fullerton, CA 02833
Environmental Determination: This project has been reviewed for
compliance with,the California Environmental Quality Act (CEQA). Based on
that assessment, the City has determined the project to be Categorically
Exempt from the provisions of CEQA pursuant to the provisions of Article 19,
Section 15301 (Existing Facilities) of the CEQA Guidelines. No further
environmental review is required.
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit No. PL 2010-364, 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:
0
im
STAFF COMMENTS I INFORMATIONAL ITEMS:.
9.1 Public Hearing dates for future projects:
SCHEDULE OF FUTURE EVENTS:
Tuesday, December 21, 2010 6:30 p.m.
Government Center/SCAQMD'Auditorium
21865 Copley Drive'
CITY COUNCIL MEETING:
CHRISTMAS HOLIDAY:
�PLANNING COMMISSION
MEETING:
Thursday, December.23, 2010
Friday, December 24, 2010 -
City offices will be closed in
observance of the holidays..
City offices will reopen on Monday,
December 27-, 2010
Tuesday, December 28, 2010-7:00 p.m.
Government C6n.ter/SCAQMD Auditorium
21865. Copley Drive
DECEMBER 14, 2010
NEW YEARS HOLIDAY:
PAGE 3 PLANNING COMMISSION AGENDA
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
11. ADJOURNMENT:
Friday, December 31, 2010 -
City Hall offices will be closed in
observance of the holiday.
City offices will reopen on Monday,
January 3, 2010
Thursday, January 13, 2011 - 7:00 p.m.
Government Center/ SCAQMD
Hearing Board Room, 21865 Copley Drive
Thursday, January 27, 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
'W -7111111111W• •�M.0
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 Roll Call vote:
AYES: COMMISSIONERS,:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
5. OLD BUSINESS: None
6. NEW BUSINESS: . None
7. PUBLIC HEARINGS:
Lee, Nelson, VC/Nolan, 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
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).
OCTOBER 12, 2010 PAGE 2
APPLICANT:
1171 IR F"T
PLANNING COMMISSION
23499 Golden Springs Drive
Diamond Bar, CA 91765
H -B Diamond Bar, LLC
10877 Wilshire Boulevard, Suite 1105
Los Angeles, CA 90024
HongweiZhang
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 massa ' ges 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
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.
CI :) Rt k"'if.'77 T
OCTOBER 12, 2010 PAGE 3 PLANNING COMMISSION
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. -
CIDID/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.
Chair/Torng asked Mr. Ling if he read staff's report and agreed with the conditions,
especially the condition for the parking permit an . d 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 nom
afoot massage to try it.
E: M"AA6 T
OCTOBER 12, 2010 PAGE 4 PLANNING COMMISSION
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 agreed 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
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 S13 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.
OCTOBER 12, 2010
PAGE 5
PLANNING COMMISSION
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.
CIDD/Gubma ' n said that in his view, that would be a reasonable condition to
impose because it places the burden of oversight on the management 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.
Chair/Torng summarized that for the time being C/Nelson said that in order to
impose sunset requirements, the applicant has to get a CAMTC license which is
illegal and asked if that was what VC/Nolan was trying to say. VC/Nolan
responded no, and further stated that after the dialogue she believed that if the
management was currently certified, she was okay with that. She believed
C/Nelson spoke about the name of the business and she agreed with his
statement. She felt it was important for the Commissioners to speak up about
what they would recommend would be appropriate and favorable for a business.
name without having any jurisdiction in that area. In the meantime, staff will have
an opportunity to look at the development code and make the changes to the
code. So for her, requiring the management to be CAMTC certified would be
sufficient.
CDD/Gubrnan 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 thatthe
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.
Motion carried by the following Roll Call vote:
OCTOBER 12, 2010
AYES:
COMMISSIONERS
NOES:
COMMISSIONERS
ABSENT:
COMMISSIONERS
L
Lee, Nelson, VC/Nolan, Chair/Torng
None
Shah
S. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Lee said he recalls that he read a few years ago that the City of Huntington Beach has
200 foot massage establishments, although he cannot confirm the facts of the article
because it was sometime ago. He believes Diamond Bar must have guidelines for the
future to determine the number of such uses because he can see that there maybe a
problem with having a great number of this use such as service quality inadequacies.
CDD/Gubman said that overconcentration of businesses is a potential land use problem.
For example, 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:
9.1 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.
OCTOBER 12, 2010 PAGE 7 PLANNING COMMISSION
CDD/Gubman commented that an article in today's newspaper indicated thatthe Industry
Stadium is alive and moving forward. The developer is looking at modifying the projectto
potentially accommodate a World Cup soccer event in the future.
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 14th day of December, 2010.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Tony Torng, Chairman
!:-
61:� X7
. MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
OCTOBER 26, 2010
Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: C/Lee 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: G I reg 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 October 12, 20110 — Continued.
Chair/Torng said he commented on CAMTC licensing (Page 5) and C/Lee asked to
have a disclaimer added to his comments about 200 establishments (Page 6).
CDD/Gubman said staff would listen to the tape and make the necessary
add itions/corrections.
5. OLD BUSINESS: None
6. NEW BUSINESS: None
0
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 requested 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).
OCTOBER 26, 2010
PROJECT ADDRESS:
lumeagmMmalm
APPLICANT:
0 D R- A FT
PLANNING COMMISSION
20657 Golden Springs Drive, Suite 212
Diamond Bar, CA 91765
Golden Springs Plaza, LLC
18856 Amir Road, Suite 6
Walnut, CA 91789
Esther Cho
1716 Brea Canyon Cutoff
Walnut, CA 91789
AP/Alvarez presented staffs report and recommended Planning Commission
approval of 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 resolution.
There were, no ex parte disclosures.
Chair/Torng opened the public hearing.
Esther Cho asked to relocate her music school from Rowland Heights to
Diamond Bar. Ms. Cho has been in business for 28 years and has another
small school in Walnut. Ms. Cho believes the school will help the community
and will bring a lot of people to the shopping plaza as well.
Chair/Torng asked the applicant if she read staff's report and agreed with the
conditions of approval. Ms. Cho responded affirmatively.
Chair/Torng closed the public hearing.
VC/Nolan . moved, C/Lee seconded, to 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 resolution.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nelson, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Shah
OCTOBER 26, 2010 PAGE 3 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
Chair/Torng told the Commission that he participated in the Site D community
workshop, and took part in the walking tour of Site D. The site tourwas informative,
and he hoped the tour would help people understand the site.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for fujpjg_proiects.
CDD/Gubman pointed outthatthe Commissioner's packets contain the flyerforthe
2011 Planners Institute that will be held March -9-11 in Pasadena. In the not too
distant future, staff will send out an email asking if Commissioners are interested in
attending.
CDD/Gubman stated that on Saturday, October 16, Walnut Valley Unified School
District held its community workshop for the Site D Specific Plan. The workshop
began at 8:30 a.m. with a site awareness tour, a walk through the Site D property
with participants stopping at key points to make observations in their workbooks.
Following the tour, the 67 participants returned to Castle Rock Elementary School
and concluded with a discussion about concerns, what the neighborhood residents
would like to see developed on the site, listing issues and ideas for the Site D
Specific Plan. The ideas were collected by the facilitator who is in the process of
preparing his report to the School Board at a special meeting on November 9, which
will illustrate the top issues and the top preferences/visions for development., The
School Board will likely schedule a follow up board meeting to decide whether the
members wish to modify the specific plan application based on the input provided by
the community. Following that event, there will be a City Council meeting to give the
School Board the opportunity to convey any proposed changes to the plan and the
City Council will direct staff accordingly on what the next steps in the process will
be, which could include some reconfiguration of the land use plan or drastic
changes to the plan, etc. The next City Council meeting is scheduled for November
16. However, at this time, staff does not believe that there will be enough time after
the November 9 School Board meeting to properly digest all of the information that
will be presented to the City Council. Most likely, there will be no direction from the
City Council until December 7.
CDD/Gubman announced that next week is the California Chapter of the American
Planning Association's annual conference in Carlsbad. He will attend three of the
four days. SP/Lee and PT/Tobon will also attend one to two days of the
conference. Staff will report back to the Planning Commission on what took place
at the conference.
R 'DRAFT
OCTOBER 26, 2010 PAGE 4 PLANNING COMMISSION
CDD/Gubman stated that the Shell Station project at Diamond Bar Boulevard at
Palomino Drive is back in business and the property is in a presentable appearance
while there is work in progress. The architect and the property owner are making
progress with the City's Building Official to get the plans and construction schedule
moving forward. Staff hopes this project will be completed in the next four to five
months. Staff believes concerns about blight and/or abandonment of the project
have been set aside and staff is encouraged the project will be completed.
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 7:23 p.m.
The foregoing minutes are hereby approved this 14th day of December, 2010.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Tony Torng, Chairman
DT011�D BAR
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NO.
MEETING DATE:
CASE/FILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
APPLICANT:
STAFF RECOMMENDATION:
7.1
December 14, 2010
Conditional Use Permit No. PL2010-364
2020 Brea Canyon Road Suite A-5
(APN 8765-001-007)
To operate a 1,200 square -foot reading
tutoring center for children ages 6 to 13 within
Plaza Diamond Bar, an existing 72,127 square -
foot shopping center. The subject property is
zoned C-2 (Community Commercial) with an
underlying General Plan designation of
Professional Office.
Plaza Diamond Bar Partners, LLC
3029 Wilshire Blvd. #202
Santa Monica, CA 90403
Sean Kim
955 N. Creekside Dr.
Fullerton, CA 92833
Approve subject to conditions.
"W" -, �OMI
Proiect Description
The proposed tutoring center is called Reading Town, and will provide tutoring for
children ages 6 to 13. The applicant proposes to locate the facility within a 1,200
square -foot unit at Plaza Diamond Bar, a 72,127 square -foot commercial complex at the
northeast corner of Pathfinder Road and Brea Canyon Road.
Reading Town first started in 1986 in Flushing, New York, and incorporated in 1996.
There are over 100 locations around the world, including the United States, South
Korea, Canada, and the Philippines. Presently, there are six locations operating in
California. Photos of an existing Reading Town facility in La Mirada are provided in
Attachment 3.
Plaza Diamond Bar is comprised of four parcels totaling 4.83 acres. The center was
built in 1980 under Los Angeles County standards. The site consists of five buildings
totaling 72,127 square feet, with 274 parking spaces surrounding the buildings.
The proposed hours of operation are Monday through Friday from 12:00 p.m. to
7:00 p.m., Saturdays from 11:00 a.m. to 2:00 p.m., and closed on Sundays. Class
sessions will last one hour. There will be an average of ten students per day and a
maximum of four employees (one office manager and three part-time teachers).
Classes are structured to have one teacher for every two students. All of the teachers
are part-time, and will have rotating schedules. There will be no full-time teachers.
Children taking tutoring lessons will be dropped off by their parents and picked up after
the lesson.
Site and Surrounding General Plan, Zoning and Land Uses
The project site is located in Plaza Diamond Bar at the corner of Brea Canyon Road
and Pathfinder Road.
Page 2 of 6 CD: Staff Reports PC/Brea Canyon Rd 2020 A-5 CUP PL2010-364.docx
ANALYSIS:
Review Authority (Diamond Bar Municipal Code Sections 22.58 and 22.10.030 -
Table 2-6)
A Conditional Use Permit (CUP) is required for uses whose effect on the surrounding
area cannot be determined before being analyzed for suitability at a particular location.
The C-2 (Community Commercial) 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
tutoring center were to close the business after it has begun operating, a new tenant
could locate in the space and operate the same type of business. The new tenant
would be required to comply with the same conditions as the previous tenant and would
Page 3 of 6 CD: Staff Reports PC/Brea Canyon Rd 2020 A-5 CUP PL2010-364.docx
not be permitted to expand the tutoring center without full review and approval by the
Planning Commission.
Business to the West
Compatibility
Proposed Business Frontage Business to the East
The proposed tutoring center is located in an existing shopping center which has
businesses with different types of uses. There are four businesses used for specialized
education in Plaza Diamond Bar. The Planning Commission reviewed the following
businesses:
a Lee's Review approved on April 24, 2007;
a College Focus approved on April 28, 2009;
a Vision 21 approved on July 14, 2009; and
® Mathnasium (Math is Really Fun) approved on October 13, 2009.
The neighboring businesses of the proposed tutoring center are a liquor store and
Mathnasium to the west and two vacant units to the east. According to the applicant,
students will not be allowed to leave the premises until a parent or guardian arrives to
pick them up from their class.
Other businesses in Plaza Diamond Bar include restaurants, offices, indoor
entertainment (Chuck E. Cheese's), and a liquor store. All of these uses including the
proposed tutoring center are compatible with the existing uses in the shopping center.
Given the proposed hours of operation, the availability of parking,. and types of uses in
the center, it is expected that the tutoring center would be a compatible use at this
location.
Page 4 of 6 CD: Staff Reports PC/Brea Canyon Rd 2020 A-5 CUP PL2010-364.docx
Parking and Circulation
Shopping centers over 50,000 square feet require I parking space for every 300 square
feet of gross floor area. The gross square footage for this shopping center is 72,127
square feet, which requires 240 parking spaces. Because specialized education uses
require additional parking spaces, the number of parking spaces needed for these types
of businesses are added to the number of parking spaces required for shopping
centers. Twenty seven parking spaces are needed for all of the specialized education
uses at Plaza Diamond Bar. Therefore, the total number of parking spaces required at
Plaza Diamond Bar is 267. The center has 274 existing parking spaces and exceeds
this requirement by providing a surplus of seven parking spaces.
Parking Requirement
All 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
tutoring center. The varying uses result in a range of peak business hours allowing for
adequate parking for each use. In light of these factors, staff does not foresee any
parking issues resulting from the proposed uses. In addition, the proposed tutoring
center 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 did not have any comments or concerns.
Page 5 of 6 CD: Staff Reports PC/Brea Canyon Rd 2020 A-5 CUP PL2010-364.docx
Land'Use l: YpQ
Shopping Center over 50,000
.
Square Feet
r
72,127 sq. ft.
1/300
240
1 per
2
Lee's Review (Tutoring Center)
2,281 sq. ft.
employee
3
—
Math is Rea lly Fun (Tutoring
1 per
3
,
center)
1,200 sq. ft.
employee
5
Vision 12 (Tutoring Center and Art
1 per
4
Glasses)
2,008 sq. ft.
employee
5
1 per
5
College Focus (Tutoring Center)
3,077 sq. ft.
employee
10
Reading Town (Proposed
1 per
6
Tutoring Center)
1,200 sq. ft.
employee
4
—
Total
77,616
267
Surplus
�274
All 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
tutoring center. The varying uses result in a range of peak business hours allowing for
adequate parking for each use. In light of these factors, staff does not foresee any
parking issues resulting from the proposed uses. In addition, the proposed tutoring
center 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 did not have any comments or concerns.
Page 5 of 6 CD: Staff Reports PC/Brea Canyon Rd 2020 A-5 CUP PL2010-364.docx
Public hearing notices were mailed to property owners within a 500 -foot radius of the
project site. On December 3, 2010, the notice was published in the Inland Valley Daily
Bulletin and San Gabriel Valley Tribune newspapers. The project site was posted with
a notice display board, and a copy of the public notice was posted at the City's three
designated community posting sites.
ENVIRONMENTAL ASSESSMENT:
This project has been reviewed for compliance with the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to the provisions of
Article 19 Section 15301 (Existing Facilities) 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 PI -2010-364, to establish a reading
tutoring center, based on the findings of Diamond Bar Municipal Code Section 22.58,
subject to conditions of approval as listed within the draft resolution.
Prepared by:
ared b
Reviewed by:
WA AIDS -
irlpel S. L �ee------
Senior Planner
Attachments:
1. Draft Resolution No. 2010 -XX
2. Site Plan and Floor Plan
3. Photos of Existing Reading Town Located in La Mirada
Page 6 of 6 CD: Staff Reports PC/Brea Canyon Rd 2020 A-5 CUP PL2010-364.docx
Fa
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 2010-364, A REQUEST TO OPERATE A 1,200
SQUARE -FOOT READING TUTORING CENTER LOCATED AT
2020 BREA CANYON ROAD SUITE A-5, DIAMOND BAR, CA
(ASSESORS PARCEL NO. 8765-001-007).
RECITALS
Property owner, Plaza Diamond Bar Partners, LLC and applicant, Sean
Kim, have filed an application for Conditional Use Permit No. PL 2010-
364 to establish a reading tutoring center located at 2020 Brea Canyon
Road, 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 Community Commercial (C-2) zone with
the Professional Office land use category of the General Plan.
3. The legal description of the subject property is Parcel Map 10337 Lot 1
and the Assessor's Parcel Number is 8765-001-007.
4. On December 3, 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 December 14, 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:
1 This Planning Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct;
I
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CERA) pursuant to the provisions of Article 19,
Section 15301 (Existing Facilities) 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 is permitted in the C-2 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 neighboring uses in the shopping
center.
2. The proposed use is consistent with the general plan and any applicable
specific plan;
The Proposed Use is compatible with the surrounding neighborhood and
consistent with General Plan Strategy 1.3.3: "Encourage neighborhood
serving retail and service commercial uses". The subject property is not
located within a specific plan area.
3. The design, location, size and operating characteristics of the proposed
use are compatible with the existing and future land uses in the vicinity;
The Proposed Use is located within a multi -tenant shopping center
occupied by various restaurants, office, and service uses including four
tutoring centers. As such, the operational characteristics are compatible
with the existing uses in the vicinity.
2
Conditional Use Permit No. PL 2010-364
4. The subject site is physically suitable for the type and density/intensity of
use being proposed, including access, provision of utilities, compatibility
with adjoining land uses, and the absence of physical constraints;
The project site is located within an existing commercial shopping center
that currently has four tutoring schools. The proposed use is compatible
with other uses in the shopping center such as restaurants, offices, and
indoor entertainment.
5. Granting the conditional use permit will not be detrimental to the public
interest, health, 'safety, convenience, or welfare, or injurious to persons,
property, or improvements in the vicinity and zoning district in which the
property is located; and
Prior to the issuance of any city permits, the proposed project is required
to comply with a// 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 (Existing Facilities) of the CEQA Guidelines.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this application subject to the following
conditions:
The establishment is approved as a tutoring center as described in the
application on file with the Planning Division, the Planning Commission
staff report for Conditional Use Permit PL2010-364 dated December 14,
2010, and the Planning Commission minutes pertaining thereto,
hereafter referred to as the "Use". The Use shall be limited to a tutoring
center.
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 2020 Brea Canyon
Road Suite A-5, as depicted on the approved plans on file with the
3 Conditional Use Permit No. PL 2010-364
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.
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 Use will operate in a manner
that does not deviate significantly from the operating characteristics
described in the Conditional Use Permit application, as summarized
below:
Business hours — Monday through Friday from 12:00 p.m. to
7:00 p.m., Saturday from 11:00 a.m. to 2:00 p.m., and closed on
Sunday; and
® Three part-time teachers and one office manager at any one time.
If, at any time, the City finds that the Use is the cause of a parking
deficiency or other land use impact, the Community Development
Director may refer the matter back to the Planning Commission to
consider amending this Conditional Use Permit to address such impacts.
6. Students shall not be permitted to exit the premises unless accompanied
by an employee of the premises, or by the student's parent or guardian.
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: Plaza Diamond Bar Partners, LLC, 3029 Wilshire Blvd.
#202, Santa Monica, CA 9040.3; and Sean Kim, 955 N. Creekside
Dr., Fullerton, CA 92833
4
Conditional Use Permit No. PL 2010-364
APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER 2010, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
Tony Torng, Chairman
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of
the City of Diamond Bar, at a regular meeting of the Planning Commission held on the
14th day of December 2010, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
ATTEST:
Greg Gubman, Secretary
5
Conditional Use Permit No. PL 2010-364
PROJECT #: Conditional Use Permit No. PL 2010-364
SUBJECT: Reading Town — Tutoring Center
APPLICANT: Sean Kim
LOCATION: 2020 Brea Cannon Road Suite A-5, Diamond Bar, CA
91756
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:
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 2010-364 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 attorney's fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against
the City defendants. The City shall promptly notify the applicant of
any claim action of proceeding, and shall cooperate fully in the
defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
6
Conditional Use Permit No. PL 2010-364
approval of this Conditional Use Permit No. PL 2010-364 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, 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 (3) days of this project's approval.
9. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, and Public Works Department.
10. The applicant shall obtain separate Planning Division approval and
permits from the Building and Safety Division for any wall signs in
conjunction with the approved use.
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
7 Conditional Use Permit No. PL 2010-364
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
I project shall have no deficits.
C. TIME LIMITS
1. The approval of Conditional Use Permit shall expire within two (2) years
from the date of approval if the use has not been exercised as defined per
Municipal Code Section 22.66.050 (b)(1). The applicant may request in
writing a one year time extension subject to Municipal Code
Section 22.60.050(c) for Planning Commission approval.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code,
and the California Electrical Code if submitted for plan check prior to
January 1, 2010, otherwise the 2010 codes apply) requirements and all
other applicable construction codes, ordinances and regulations in effect
at the time of plan check submittal.
2. Occupancy of the facilities shall not commence untilsuch time as all
California Building Code and State Fire Marshal regulations have been
met. The buildings shall be inspected for compliance prior to occupancy.
3. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy
unless otherwise allowed by the 2008 California Energy Code.
4. Specify location of tempered glass as required by code.
5. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water
proofing material. Also, provide guardrail connection detail (height,
spacing, etc.)
6. Upgrades for accessibility shall be made to the existing facilities and all
new areas shall meet current accessibility guidelines.
MW
8
Conditional Use Permit No. PL 2010-364
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• 91 F—Al IVA [$1! 1 Ili --T—Al 69
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
1, Stella Marquez, declare as follows:
On December 14, 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, Stella Marquez, declare as follows:
I am employed by the City of Diamond Bar. On December 9, 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 December 9, 2010, at Diamond Bar, California.
Stella Marquez
Community Development Department
gAWfidavitposting.doc
Stella Marquez
From: Earl Kanemitsu [ekanemitsu@earthlink.net]
Sent: Monday, December 13, 2010 1:47 PM
To: Stella Marquez
Subject: Food trucks in Diamond Bar
Plam-iing Commission members and to whomever else this concerns,
I'm writing this letter as a 10+ year resident of Diamond Bar, customer of Kogi BBQ and Get Shaved Ice
trucks, fan of the food truck "culture", and small business owner myself. For over a year, I, my family, our
friends, and fellow "foodies" enjoyed having the two named food trucks schedule regular stops on Saturday
nights on Montefino Avenue, north of Diamond Bar Boulevard. On October 30, Sheriff deputies who informed
the truck operators they had to close shop and leave or face citations visited them. My understanding is that the
owner of the Get Shaved Ice truck appeared before your commission at a regularly scheduled meeting,
presented the proper LA County business and health permits, and argued there was no specific violation, which
prevented them from operating on public property. I was told the response he received was something to the
effect of, "The person in charge of the commission has a problem with you ... perhaps you can go through the
(unspecified) process to obtain a permit."
As I said earlier, I am a fan of the food truck cult -Lire and know that in some parts of the Wilshire district of Los
Angeles, there is a conflict between the businesses there and the food trucks that set up shop during lunch hours.
The main complaint there is that the trucks take up the majority of the public parking spaces and take customers
away from the restaurants in that area. This is not a concern when it comes to the Diamond Bar stops. The
scheduled stops were always on Saturday evenings away from most open businesses. I invite you to drive along
Diamond Bar Blvd between Golden Springs Dr. and Sunset Crossing Rd. any weekend afternoon. I'm sure
Diamond Bar Car Wash (2845 South Diamond Bar Blvd) might have a problem with these groups providing
those car washes, undercutting their costs while providing an inferior service. How about the vendors who sell
their food from the stands at city ftinctions (Concerts in the Park, Snow Day, Soccer picture day)? Are they also
required to obtain the necessary permits in order to vend within the city?
Do the truck stops present any kind of safety issue? Almost every week that we were there, we regularly saw
on duty deputies in the area but they Were never needed for any type of issue. The first time I waited for the
Kogi BBQ truck, I waited in line for over three hours! Could you imagine organizing any event where people
would be required to wait in line for hours and hours but not need any type of security or supervision? That
tells you what kind of crowd was assembling at the food stops, college kids, families, and the entire age
spectrum.
I love living in the city. The low crime, peacefulness, and close-knit community feel is what everyone looks for
when raising a family. However, with the loss of DB Honda a few years ago, I kilow that the city has been
looking to replace that lost tax revenue. When people ask where I live, after replying Diamond Bar, it is usually
equated with, "Where Snoop Dog lives" or "Where the football stadium's supposed to be built" or "By the golf
course off the 60 freeway." Talking to people at the truck lines, you see people coming into the city from
Hacienda Heights, Industry, West Covina, Pomona, Chino, Chino Hills, etc. These people now had a reason to
travel into the city and exposed them to restaurants and shops within Diamond Bar city limits. The City of
Valencia recently held a food truck event ( http://bit.ly/ailYK ) with the sole purpose of advertising the city as
an up and coming community to live and establish business.
Please consider establishing a definitive process in which food trucks could apply for proper permit to sell
within city limits. At that time, establish definitive regulations which would limit where and when trucks who
obtain permits could operate while considering those businesses which already operate within the city. Just my
opinion, but possible ideal locations which could be set aside for truck stops, include the unoccupied Honda
location, any of the park and ride lots in the city which are vacant during the weekends, or even the parking lot
at City Hall.
If there is anything else I, or other residents of the city, can do to show our support for the establishment of a
definitive application process and regulation for food trucks, please advise.
WS
Thank you for your attention,
Earl Kanemitsu
Pile rev
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