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-, PLANNING COMMISSION
RESOLUTION NO. 97-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR DENYING CONDITIONAL USE PERMIT NO. 97-3, A REQUEST
TO ALLOW -THE SALE OF BEER AND WINE IN AN EXISTING MINI.MkRT AT
THE CHEVRON GAS STATION AT 21324 PATHFINDER ROAD, DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
i.
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
.y
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 has been
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 an 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.
Notice of the public hearing .for this project has been
made in the'.ri Gar?=2e1 Valley Tribune and the Inland
Ali
Vailev 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.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
the Planning. Corssion y
.,TLj of the Cit 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.
2. Based on the findings and conclusions set forth
herein, this planning commission 'hereby findsas
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
thin 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,
the development- of land uses which have
oper atingcharacteristics 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 - aPP11-'Cat 'on has s been file 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 - aff e'ct the. health, "Peace' comfort
or'welfare- of persons residing or working in
the surrounding area in that the sale of
1
alcoholic beverages within 100 -feet of the
Diamond Bar Highscho6l,could prove an
aLttractiYe - nuisance to the teenage students
'ending "the y contribute to
tt sclicol and may a
juve�nilejoitering and other illegal
activities: - . - - I According to public --testimony at
2
I
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 interaction
with juveniles.
(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.
(c) The project site is not adequately served:
(1) By highways or streets of sufficient
width or improved as necessary to carry
the kind and quantity of traffic such
use would generate; or
(2) By other public or private service
facilities as 'are required-.
According to the Diamond Bar General
Plan, the corner of Brea Canyon Road and
Pathfinder Road is classified as a major
intersection of a major arterial road
and a secondary arterial road. During
a.m. peak hours this area experiences -a
Level of Service "F" (on a scale of
A=good to F --very poor). Any increase of
traffic entering into or exiting from
the proposed - site would negatively
impact this area and thus the existing
streets may not he -sufficient to safely
absorb the quantity of traffic the use
could generate.
=4. Based -on the- findings- and conclusions set forth
above, -the Planning Commission hereby denies the
Application.
The Planning Commission shall:.
.(a) Certify to the adoption of this Resolution;
and
(b) Forthwith transmit • a acertified copy of this
Resolution, by certified mail to:' Mohamad
Salimnia, Chevron Gas Station, 21324
Pathfinder Road, Diamond Bar, CA 91765
APPROVED AND ADOPTED SS1hDAY
OF OCTOBER, g
BY THE PLANNING IIONOFTHE CITY OF DIAMOND BAR.
•
Joe Ruzicka,_Chairman
I, James De5tefano,
Planning Commission Secretary, do hereby
certify that the forgoing Gonmissi_on of heduly
City ofaDiamondaBar,d
and adopted by the planning
at a regular meeting of the Planning Commission held on the 14th
day'."Of October, 1997, by the following vote:
AYES-: COMMISSIONERS: Ruzicka, Schad, Fong,
Goldenberg, McManus
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST:
J� �s DeStefan�, Secretary