HomeMy WebLinkAboutPC 2001-01PLANNING COMMISSION
RESOLUTION NO. 2001-01
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR MAKING CERTAIN
FINDINGS RELATING TO CONDITIONAL USE PERMIT
NO. 99-04 AND MINOR CONDITIONAL USE PERMIT NO.
99-09 AND MODIFYING ITS PRIOR APPROVAL OF
CONDITIONAL USE PERMIT NO. 99-04 AND MINOR
CONDITIONAL USE PERMIT NO. '99-09 TO ALLOW
ENTERTAINMENT, OUTDOOR DINING, AND THE SALE
AND ON-SITE CONSUMPTION OF ALCOHOLIC
BEVERAGES AT THE PLATINUM RESTAURANT AND
NICHT CLUB LOCATED AT 245 GENTLE SPRINGS LANE,
DIAMOND BAR, CALIFORNIA
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR HEREBY
RESOLVES AS FOLLOWS:
Section 1. On August 10, 1999, the Planning Commission adopted Planning
Commission Resolution 99-19 ("Resolution 99-19") approving Conditional Use Permit No. 99-04
,— ("CUP 99-04") and Minor Conditional Use Permit No. 99-09 ("MCUP 99-09") to allow
entertainment, outdoor dining, and the sale and on-site consumption of alcoholic beverages at an
existing restaurant facility located at 245 Gentle Springs Lane, Diamond Bar, California; subject to
conditions. The restaurant, know as the Platinum Restaurant and Night Club (the "Platinum"), is
owned and operated by Platinum Financial Systems, Inc. (the "Business Operator").
Section 2. On October 10, 2000, aperiodic review of CUP 99-04 and MCUP 99-
09 was scheduled before the Planning Commission pursuant to the authority granted by Section
22.76.020 of the Diamond Bar Municipal Code ("DBMC") and the provisions set forth in condition
50) of Resolution 99-19,
Section 3. In accordance with the provisions of Section 22.76.020 of the DBMC,
a public hearing teas duly noticed as follows: (1) a legal notice was published in the San Gabriel
Valley Tribune and in The Inland Valley Daily Bulletin newspapers on September 28, 2000; (2)
public hearing notices were mailed to approximately 25 property owners within a 500 -foot radius
of the project site on September 25, 2000; and (3) notice of the public hearing was posted in three
public places in compliance with Government Code Section 54954.2,
Section 4. The Planning Commission opened the public hearing on this matter
at its regular meeting en October 10, 2000, and continued said hearing to its regular meeting on
November 28, 2000. All members of the public wishing to speak on this matter, including
representatives of the Business Operator, were afforded an opportunity to address the Planning
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Commission. The Planning Commission received approximately 10 hours of testimony, both oral
After due deliberation, the Planning Commission
,
and written, during the public hearing process.
closed the public hearing on November 28, 2000.
Section 5. In accordance with Section 22.76.020 of the DBMC, the Planning
MCUP 99-09 that concerns have been expressed
Commission finds upon review of CUP 99-04 and
intensified the use of the property beyond the level
in the record that the Business Operator may have
which was presented to and approved by the Planning Commission pursuant to Resolution 99-19,
further finds that concerns have been expressed that the impact of such intensification may have
and
been to generate a higher parking'demand, to generate a need for additional security, to generate
from of the Platinum in the immediate
additional noise, and to generate additional', debris patrons
surrounding vicinity and specsfically along 'Gentle Springs lane.
Section 6. The Planning Commission further finds that the Business Operator,
by letter dated January 9, 2001, has agreed to consent to the modification of CUP 99-04 and MCUP
to add the mitigation measures set forth in Section 9, below, and further
99-09 by this Resolution
has agreed to waive its right to appeal such modification.
Section 7. The Planning Commission finds that based on the Business Operator's
of CUP 99-04 and MCUP 99-09, as set forth in Section 9
willingness to allow the modification
below, through the adoption of this Resolution, to address the concerns that were expressed, it need
not determine whether the Business Operator has intensified the approved use, and further that the
CUP 99-04 and MCUP 99-09
7 public health, safety and welfare will benefit from the modification of
as set forth in Section 9 below.
Section 8. The Planning Commission further finds that with the imposition and
1' implementation of the measures set forth in Section 9 herein the Planning Commission can continue
to make each of the findings contained in the Resolution 99-19, the original approval of CUP 99-04
and MCUP 99-09, in an affirmative manner.
Section 9. Based on the foregoing findings, the Planning Commission hereby
modifies its prior approval of CUP 99-04 and MCUP 99-09 by adding the following operating
conditions
i . Parkin . The Business Operator shall provide a minimum of 96 parking spaces on
primarily as a restaurant. After
site " nor to 10:00 .m. when the Platinum operates
p p
10:00 p.m. when the Platinum operates pri marily as a night club, the Business
Operator shall provide a minimum of 222 parking spaces. The 222 parking spaces
be on-site with the
shalTbe provided as follows: 192 parking spaces shall provided
30 parking spaces provided off-site. The Planning Commission
remaining
recognizes that a portion of the 192 on-site parking spaces are located on the parcel
occupied by the Best Western Hotel and acknowledges that there is an on-going
dispute between the hotel and the Platinum over the use of those spaces. By virtue
11393\0001\636214.4 _2-
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of a preliminary injunction granted on November 22 2000, the Business Operator
has a legal right to use a portion of the on-site parking spaces located on the hotel
parcel. If a court of competent jurisdiction subsequently lifts the preliminary
injunction and determines that thehotel has no legal obligation to make those parking
spaces available to the Platinum, the on-site parking requirement for the Platinum
shall revert to 96 spaces. In the event a court lifts the preliminary injunction and the
parking reverts to 96 spaces, the Business Operator shall notify the Planning Director
within 72 hours of such court action, and the Planning Director shall schedule a
review of Conditional Use Permit 99-04 and Minor Conditional Use Permit 99-09
"before the Planning Commission at the earliest available opportunity.
2. Noise Mitigation. The Business Operator shall post signs of at least 12" x 18" at
exits to the restaurant and night club and within all parking areas, requesting patrons
to respect residents of nearby residential neighborhoods by being quiet when leaving
the restaurant and night club.
3. Noise Mitigation. The Business Operator shall post a sign in a clear and conspicuous
location, listing a phone number at which a responsible party may be contacted
during all open hours of the establishment to address any concerns of the community
regarding activities and noise in the restaurant. Said contact person's name and
phone number shall also be available through the restaurant staff at all times.
4. Noise Mitigation. The Business Operator shall not permit any public nuisance in the
outdoor dining area, including but not limited to, unruly behavior by patrons, which
may contribute to noise impacts on adjacent land uses.
5. Noise Mitigation, No amplified sound or music shall be permitted in the outdoor
dining area at any time.
6. Noise Mitigation. The doors to the outdoor dining area on the northwest side of the
building, adjacent to the main bar area, shall be kept closed at all times, except when
in use for ingress and egress, to minimize any noise impacts on adjacent land uses.
7. Noise Mitigation. The Business Operator shall instruct its security personnel to
regularly patrol the parking lot and Gentle Springs Lane to control the noise level of
patrons in the parking areas and to ensure that patrons respect residents of nearby
residential neighborhoods by being quiet when arriving at and leaving the restaurant
and night club.
8. Trash Pick -Un. The Business Operator shall implement a more aggressive trash
pick-up program to collect the trash generated by Platinum patrons, both at on-site
and immediately adjacent off-site locations, by conducting trash sweeps after closing
and again during daylight hours, but not later than 1.0:00 a.m., each day following an
evening upon which the Business Operator's business is open.
11393\0001\636214.4
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9. Securi. The Business Operator shall employ security personnel on its operating
nights with a number' satisfactory to control the patrons both inside and outside the
facility. The security personnel shall keep patrons of the Platinum within the
boundaries of the Platinum Club and prevent them from loitering or littering on
adjoining or neighboring properties.
Section 10. All other conditions of approval contained in Resolution 99-19 shall
remain in full force and effect.
Section 11. The Planning Commission shall (a) certify to the adoption, of this
Resolution and (b) forthwith transmit a certified copy of this Resolution by certifiedmail to Platinum
Restaurant and; Night; Club, Attn: Mr. Chris Pierce, 245 Gentle Springs Lane, Diamond Bar,
California, 91765 and'to SX Diamond Bar, 259 Gentle Springs Lane, Diamond Bar, California,
91765.
PASSED, APPROVED, AND ADOPTED this 9' day of January, 2001.
BY:
Steve Nelson, Chairman
4
ATTEST: h
' 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
r,
Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of
Diamond Bar at a duly noticed regular meeting of the Planning Commission held on the 12�' day of
December, 2000, by the following vote:
AYES: VIC Zirbes, Ruzicka, Kuo, ClNefson
NOES: Tye
ABSENT:
ABSTAIN
4Js DeStefano cretary
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�X Mp S
777777777777i
PLANNING COMMISSION
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR MAJUNG CERTAIN
FINDINGS RELATING TO CONDITIONAL USE PERMIT
NO. 99-04 AND MINOR CONDITIONAL USE PERMIT NO.
99-09 AND MODIFYING ITS PRIOR APPROVAL OF
CONDITIONAL USE PERMIT NO. 9904 AND MINOR
CONDITIONAL USE PERMIT NO. 99-09 TO ALLOW
ENTERTAINMENT, OUTDOOR DINING, AND THE SALE
AND ON-SITE CONSUMPTION OF ALCOHOLIC
BEVERAGES AT THE PLATINUM RESTAURANT AND N!
G H T CLF UB LOCATED AT 245 GENTLE SPRINGS
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR
Section 1. On August 10, 1999, the Planning Commission adopted
Planning Commission Resolution 99-19 ("Resolution 99-19") approving Conditional Use
Permit No. 99-04 ("CUP 99-04') and Minor Conditional Use Permit No. 99-09 ("MCLTP
99-09") to allow entertainment, outdoor dining, and the sale and on-site consumption of
alcoholic beverages a. an
s ect to
existing restaurant facility located at 245 Gentle Springs Lane, Diamond Bar, California,
Section 2. On October 10, 2000, a periodic review of CUP 99-04 and
MCUP 9909 was scheduled before the Planning Commission pursuant to the authority
granted by Section 22.76.020 of the Diamond Bar Municipal Code ("DBMC") and the
Section 3. In accordance with the provisions of Section 22.76.020 ofthe
DBMC, a public hearing was duly noticed as follows: (1) a legal notice was published in
the San Gabriel Valley Tribune and in T—e Inland Valley Daily Bulletin newspapers on
September 28, 2000; (2) public hearing notices were mailed to approximately 25
property owners within a 500 -foot radius of the project site on September 25, 2000; and
(3) notice of the public hearing was posted in three public places in compliance with
Section 4. The Planning Commission opened the public hearing on this
matter at its regular meeting en October 10, 2000, and continued said hearing to its
regular meeting on November 28, 2000. All members of the public wishing to speak on
this matter, including representatives of the Business Operator, were afforded an
opportunity to address the Planning 11393\0001\636214.4
7777P'7711 it
Commission. The Planning Commission received approximately 10 hours of testimony, both oral
and written, during the public hearing process. After due deliberation, the Planning Commission
closed the public hearing on November 28, 2000.
Section 5. In accordance with Section 22.76.020 of the DBMC, the
Planning Commission finds upon review of CUP 99-04 and MCUP 99-09, that concerns
have been expressed in the record that the Business Operator may have intensified the
use ofthe property beyond the level which was presented to and approved by the
Planning Commission pursuant to Resolution 99-19, and further finds that concerns
have been expressed that the impact of such intensification may have been to generate
a higher parking demand, to generate a need for additional security, to generate
additional noise, and to generate additional debris from patrons of the, Platinum in the
Section 6.: The Planning Commission further finds that the Business Operator, by
letter dated January 9, 200 1, has agreed to consent to the modification of CUP 99-04 and MCUP
99-09 by this Resolution to add the mitigation measures set forth in Section 9, below, and further
has agreed to waive its right to appeal such modification.
Section 7. The Planning Commission finds that based on the Business Operator's
willingness to allow the modification of CUP 99-04 and MCUP 99-09, as set forth in Section 9
below, through the adoption of this Resolution, to address the concerns that were expressed, it
need not determine whether the Business Operator has intensified the approved use, and further
that the public health, safety and welfare will benefit from the modification of CUP 99-04 and
MCUP 99-09 as set forth in Section 9 below.
Section 8. The Planning Commission further finds that with the imposition and
implementation of the measures set forth in Section 9 herein the Planning Commission can
continue to make each of the findings contained in the Resolution 99-19, theoriginal approval of
CUP 99-04 and MCUP 99-09, in an affirmative manner.
Section 9. Based on the foregoing findings, the Planning Commission
hereby modifies its prior approval of CUP 99-04 and MCUP 99-09 by adding the
1. Parking. The Business Operator shall provide a minimum of 96 parking spaces onsite prior to
10:00 p.m. when the Platinum operates primarily as a restaurant. After 10:00 p.m. when the Platinum
operates primarily as a night club, the Business Operator shall provide a minimum of 222 parking spaces.
The 222 parking spaces shall be- provided as follows: 192 parking spaces shall be provided on-site with
the remaining 30 parking spaces provided off-site. The Planning Commission recognizes that a portion of
the 192 on-site parking spaces are located on the parcel occupied by the Best Western Hotel and
acknowledges that there is an on-going dispute between the hotel and the Platinum over the use of those
spaces. By virtue 11393\0001 \636214.4 -2
in --i o , , ,-„of„toum. , ,
of a preliminary injunction granted on November 22, 2000, the Business
Operator has a legal right to use a portion of the on-site parking spaces
located on the hotel parcel. If a court of competent jurisdiction
subsequently lifts the preliminary injunction and determines that the hotel
has no legal obligation to make those parking spaces available to the
Platinum, the on-site parking requirement for the Platinum shall revert to
96 spaces. In the event a court. lifts the preliminary injunction and the
parking reverts to 96 spaces, the Business Operator shall notify the
Planning Director within 72 hours of such court action, and the Planning
Director shall schedule a review of Conditional Use Permit 99-04 and
Noise Mitigation. The Business Operator shall post signs of at least 12" x 18"
at exits to the restaurant and night club and within all parking areas,
requesting patrons to respect residents ofnearby residential
Noise Mitigation. The Business Operator shall post a sign in a clear and
conspicuous location, listing a phone number at which a responsible party
may be contacted during all open hours of the establishment to address
any concerns ofthe community regarding activities and noise in the
restaurant. Said contact person's name and phone number shall also be
4. Noise Mitigation. The Business Operator shall not permit any public nuisance
in the outdoor dining area, including but not limited to, unruly behavior by
patrons, which may contribute to noise impacts on adjacent land uses.
5. Noise Mitigation. No amplified sound or music shall be permitted in the outdoor
6. Noise Mitigation. The doors to the outdoor dining area on the northwest side of
the building, adjacent to the main bar area, shall be kept closed at all
times, except when in use for ingress and egress, to minimize any noise
7. Noise Mitigation. The Business Operator shall instruct its security personnel to
regularly patrol the parking lot and Gentle Springs Lane to control the
noise level of patrons in the parking areas and to ensure that patrons
respect residents of nearby residential neighborhoods by being quiet when
8. Trash Pick -Up. The Business Operator shall implement a more aggressive
trash' pick-up program to collect the trash generated by Platinum patrons,
both at on-site and immediately adjacent off-site locations, by conducting
trash sweeps after closing and again during daylight hours, but not later
11393\0001\636214.4 -3
9. Security. The Business Operator shall employ security personnel on its
operating nights with a number satisfactory to control the patrons both
inside and outside the facility. The security personnel shall keep patrons of
the Platinum within the boundaries of the Platinum Club and prevent them
from loitering or littering on
Section 10. All other conditions of approval contained in Resolution 99- 19
Section 11. The Planning Commission shall (a) certify to the adoption of
this Resolution and (b) forthwith transmit a certified copy ofthis Resolution by certified
mail to Platinum Restaurant and Night'Club, Attri: Mr. Chris Pierce, 245 Gentle Springs
Lane, Diamond Bar, California, 91765 and to SX Diamond Bar, 259 Gentle Springs
PASSED, APPROVED, AND ADOPTED this 90' day of January,
BY: Steve Nelson, Chairman
ATTEST
1, James DeStefano, 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 duly noticed regular meeting of the
AYES: V/C Zirbes, Ruzicka, Kuo, C/Nelson NOES: Tye
ABSENT: ABSTAIN:
m s DeStefano. Secretary J
s DeStefano, Secretary