HomeMy WebLinkAbout09/13/2016 PC MinutesMINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
SEPTEMBER 13, 2016
Chair/Mahlke called the meeting to order at 7:00 p.m. in the City Hall Windmill Room,
21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Vice Chair/Wolfe led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Naila Barlas, Frank Farago, Ken Mok,
Vice Chair Raymond Wolfe and Chair Jennifer Mahlke
Also present: Greg Gubman, Community Development Director;
James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; May Nakajima,
Associate Planner; and Stella Marquez, Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
3. APPROVAL OF AGENDA: As presented
4. CONSENT CALENDAR:
4.1 Minutes of the Special Meeting of August 10, 2016 Joint General Plan
ss.
e City Cou Commission.
Update Kickoff Meeting of th
C/Mok moved, Chair/Mahlke seconded, to approve the Minutes of the
Special Meeting of August 10, 2016, Joint General Plan Update Kickoff
Meeting of the City Council and Planning Commission as presented.
AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe,
Chair/Mahlke
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
4.2 Minutes of the Regular Meeting of August 23, 2016.
VC/Wolfe moved, C/Barlas seconded, to approve the Minutes as presented.
Motion carried by the following -Roll Call vote.
PLANNING COMMISSION
AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Chair/Mahlke
ABSENT: COMMISSIONERS: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARING(S):
7.1 DEVELOPMENT CODE AMENDMENT NO. PL2015-205- Under the
authority of Diamond Bar Municipal Code Section 22.70, the City of
Diamond Bar proposes to amend certain sections of the Development Code
in order to establish massage regulations and requirements consistent with
Assembly Bill 1147 as well as, revise the land use provisions for tattoo
parlors to be consistent with recent case law. The project includes a request
to amend the following sections of Title 22 of the Diamond Bar Municipal
Code (Development Code): 22.10.030, 22.30.040, 22.42.020, and
22.80.020.
Project Address: Citywide
Applicant: City of Diamond Bar
AP/Nakajima presented staff's report and recommended that the Planning
Commission adopt a Resolution recommending City Council approval of
Development Code Amendment No. PL2015-205.
Chair/Mahlke opened the public hearing.
Mathew Ulveno asked if one of the (current) massage establishments would
have to move if this code amendment passed. Chair/Mahlke responded
that her understanding is that current massage establishments become
"legally non -conforming" which means that they continue doing business.
However, if they decide to expand or intensify their business they must
reapply and the project must fall within this directive, if approved by the City
Council.
Lee Salas, owner of Massage Envy, said that every 10 years her
. ..... . -------establish m en.t-m-ust-g.o--to-its-fra.nL-hj.s-o-r-an-d-u.pjd-@LitEe-it-he interior of their
premises to keep it clean and fresh and wanted to know if that at that point
the establishment would continue as "legal non-conforming/grandfathered
in" or fall under the amendment.
SEPTEMBER 13, 2016 PAGE 3 PLANNING COMMISSION
ACA/Eggart responded that if a legal non -conforming business wanted to
increase its square footage (size of the structure) it would not be allowed to
do so in that location and would have to remain within the same building
footprint/square footage.
CDD/Gubman further explained that with respect to Ms. Salas's business,
it would be a non -conforming use because that business does not currently
have a Conditional Use Permit. The business is located in a zone that
allows massage establishments and if Massage Envy wanted to expand in
the future they would have to apply for a Conditional Use Permit. In short,
they are not prohibited from expanding in their current location but to do so,
they would have to obtain a Conditional Use Permit if the ordinance is
adopted as drafted.
Chair/Mahlke closed the Public Hearing.
VC/Wolfe thanked Assembly Member Bonilla for her leadership in
correcting what to him is clearly an overreach by the State Legislature by
returning the control back to the local municipalities.
Chair/Mahlke asked if there were any pending applications for massage
parlors and CDD/Gubman responded "no."
C/Mok asked if the five establishments that left the City did so on their own
accord. CDD/Gubman responded that they went out of business either
voluntarily or involuntarily due to actions of the Community Development
Director.
VC/Wolfe moved, C/Mok seconded, to recommended adoption of a
Resolution recommending City Council approval of Development Code
Amendment No. PL2015-205. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe,
Chair/Mahlke
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
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state to help her sister with an early delivery of her baby while her husband was
out of the state and she was so distracted she failed to let staff know she would be
absent.
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9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
PLANNING COMMISSION
CDD/Gubman stated that there are two items scheduled for the
September 27, 2016, agenda — the exterior facelift modernization of the
Holiday Inn located in the Gateway Corporate Center and a new single
family residence in The Country. He will not be able to attend the
September 27 meeting and SP/Lee will conduct the meeting in his stead.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Mahlke adjourned the regular meeting at 7:24 p.m.
The foregoing minutes are hereby approved this 27th day of September, 2016.
Attest:
Respectfully Submitted,
Greg Gubman'
Community Development Director
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nniferUhlke, Chairperson