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HomeMy WebLinkAboutRES 98-02CITY COUNCIL RESOLUTION NO. 98-02 A RESOLUTION OF THE CITY COUNCIL OF AFFIRMING THE PLANNING COMMISSION'S CONDITIONAL USE PERMIT NO. 97-3, SALE OF BEER AND WINE IN AN EXISTING GAS STATION AT 21324 PATHFINDER ROAD, A. RECITALS. THE CITY OF DIAMOND BAR DECISION TO DENY A REQUEST TO ALLOW THE MINI -MART AT THE CHEVRON DIAMOND BAR, CALIFORNIA. 1. The applicant, Mohamad Salimnia, has filed an application for Conditional Use Permit No. 97-3 as described in the above title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. Action was taken on the subject application as to its consistency with the General Plan. It was determined that the proposed project is not consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on September 23, 1997 conducted a duly noticed public hearing on the Application and closed the public hearing. At that time, the Commission requested a Resolution of Denial be prepared for consideration at the October 14, 1997 Planning Commission meeting. The Application was denied at the October 14, 1997 Planning Commission meeting. 5. Notice of the Planning Commission public hearing for this project was made in the San Gabriel Valley Tribune and 1 the Inland Valley Daily Bulletin newspapers on September 2, 1997. Thirty three property owners within a 500 foot radius of the project site were notified by mail on September 2, 1997. 6. On October 17, 1997, the applicant filed an appeal of the Planning Commission's decision with the City Clerk, pursuant to Section 22.60.200 of the Planning and Zoning Code, hereinafter in this Resolution, referred to as the "Appeal." 7. The City Council of the City of Diamond Bar on December 16, 1997 conducted a duly noticed public hearing on the appeal and closed the public hearing. After deliberation, the City Council requested a Resolution, affirming the Planning Commission's decision, be prepared for consideration at the January 6, 1998 City Council meeting. 8. Notice of the City Council public hearing for this project was made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on November 25, 1997. Thirty three property owners within a 500 foot radius of the project site were notified by mail on November 25, 1997. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project relates to a developed parcel approximately .52 acres in size located at 21324 Pathfinder Road. (b) The project site is within a Commercial Planned Development Zone (CPD) and has a General Plan land use designation of Commercial Office (CO). However, policies set forth in the General Plan (Land Use Element, Strategy 2.2.2) prohibits 2 98•-02. the development of land uses which have operating characteristics that could create nuisances along boundaries. The subject site is adjacent to single family homes and Diamond Bar High School. CONDITIONAL USE PERMIT 3. An application has been filed pursuant to Planning and Zoning Code section 22.56.040 for Conditional Use Permit 97-3. It has been determined that the proposed project will: (a) Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area in that the sale of alcoholic beverages within 100 feet of the Diamond Bar High School could prove an attractive nuisance to the teenage students attending the school and may contribute to juvenile loitering and other illegal activities. According to public testimony at the public hearing for this proposal, the gas station mini -mart is a gathering place for students from the adjacent High School as well as from elementary schools in the neighborhood. The availability of beer and wine at this location could increase the possibilities of disorderly conduct by adults and/or facilitating negative interaction with juveniles. Correspondence from the principal of Diamond Bar High School stated the opposition of the school administration to the granting of the Conditional Use Permit. (b) In addition it has been determined that the project will jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare in that the increased availability of beer and wine in close proximity to a residential neighborhood and to a high school increases the opportunities for drinking and alcohol related criminal activities such as loitering, petty crimes, drunk driving, sale to a minor and armed robbery. 4. Based on the findings and conclusions set forth above, the City Council hereby denies the Appeal. The Planning Commission's decision to deny the 3 Application is hereby affirmed. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Mohamad Salimnia, Chevron Gas Station, 21324 Pathfinder Road, Diamond Bar, CA 91765 PASSED, APPROVED AND ADOPTED THIS 6tjjDAY OF Ta,juary , 1998 BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. &A4� 4e� I, LYNDA BURGESS, City clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 6th day of January , 1998, by the following Roll Call vote: AYES: COUNCIL MEMBERS:Iduff, O'Connor, MPT/Chang, M/Herl-ra NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: Ansari. ABSTAINED: COUNCIL MEMBERS: None ATTEST: Lyndh Burgess, City clerk City of Diamond Bar 11 98--0?