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HomeMy WebLinkAboutPC 2002-16A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2002-06 AND CATEGORICAL EXEMPTION, TO SELL ALCOHOLIC BEVERAGES (BEER AND WINE) FOR OFF-SITE CONSUMPTION IN CONJUNCTION WITH THE SALE OF MOTOR FUEL. THE PROJECT SITE IS LOCATED AT 206 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Equilon Enterprises, LLC, and applicant, Fausto Buchelli, have filed an application for Conditional Use Permit No. 2002-06 and categorical exemption for a property located at 206 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application". 2. On May 13, 2002, public hearing notices were mailed to approximately 46 property owners of record within a 500 -foot radius of the project. In addition, ' the project site was posted with a display board and the public notice was posted in three public places. On May 16, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On May 28, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the Planning Commission concluded the public hearing. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. 2002-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2002-06 AND CATEGORICAL EXEMPTION, TO SELL ALCOHOLIC BEVERAGES (BEER AND WINE) FOR OFF-SITE CONSUMPTION IN CONJUNCTION WITH THE SALE OF MOTOR FUEL. THE PROJECT SITE IS LOCATED AT 206 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Equilon Enterprises, LLC, and applicant, Fausto Buchelli, have filed an application for Conditional Use Permit No. 2002-06 and categorical exemption for a property located at 206 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application". 2. On May 13, 2002, public hearing notices were mailed to approximately 46 property owners of record within a 500 -foot radius of the project. In addition, ' the project site was posted with a display board and the public notice was posted in three public places. On May 16, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On May 28, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the Planning Commission concluded the public hearing. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a square shaped lot, approximately 27,647 square feet and developed with Shell service station with service bays, snack mart and parking stalls. The service station is located at 206 S. Diamond Bar Boulevard (corner of Palomino Drive/Diamond Bar Boulevard). (b) The General Plan land use designation for the project site is General Commercial (C). (c) The zoning designation for the project site is Neighborhood Business (Community Commercial/C-2) Zone. (d) Generally, the following zones and uses surround the project site: To the north are the C-2 Zone and the Pomona (60) Freeway; to the south is the C-2 Zone; to the east is the Single -Family Residence - Maximum Lot Size -8,000 Square Feet (R-1-8,000) Zone; and to the west is the Commercial Planned Development (CPD) Zone. (e) The application request is to sell alcoholic beverages (beer and wine) for off-site consumption in conjunction with the sale of motor fuel at and existing Shell service station. Conditional Use Permit (f) 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 the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before E being proposed for a particular location. The proposed sale of alcoholic beverages (beer and wine) for off-site consumption is permitted in C-2 Zone with a Conditional Use Permit and as amended herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. The proposed sale of alcoholic beverages (beer and wine) for off-site consumption is considered retail sales which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 27,647 square feet and developed with Shell service station with service bays, snack mart and parking stalls. The proposed sale of alcoholic beverages (beer and wine) for off-site consumption will be part of the snack mart operation. No additional square footage will be added to the service station structure. Since parking is based on the square footage of the existing retail area and existing service bays, additional parking stalls are not required. The project site is located within an existing commercial area with the main land uses related to services and retail sales. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) 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 currently developed with a Shell service station which includes service bays, snack mart and parking stalls. As referenced above in Items (f) and (h), the sale of alcoholic beverages (beer and wine) for off-site consumption meets the required development standards for C-2 Zone with a Conditional Use Permit. ' Provisions for utilities exist at the project site. Additionally, the Los Angeles County Sheriff's Department Walnut/Diamond Bar Station 3 believes the project site is not located in a high crime area and has no objections to the license being granted. Furthermore, according to the applicant, the selling of beer and wine would increase sales and thereby increase profit. The applicant believes that the issuance of an ABC license would serve the public convenience and necessity because his patrons want the convenience of buying beer and wine while buying fuel or other items in the snack mart and having their car repaired. The applicant stated that his patrons want to eliminate an additional stop and waiting time at the grocery store or other retail business. ABC stated to staff that a license could be issued because the project site is not in a high crime area and the applicant has demonstrated to their satisfaction that the public convenience and necessity would be served. (j) 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; As referenced above in Items (f) through Q), the proposed the sale of alcoholic beverages (beer and wine) for off-site consumption and as amended here in will meet the City's minimum development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the Department of Alcoholic Beverage Control (ABC). The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan labeled as _ Exhibit "A" dated May 28, 2002, as submitted, amended herein and approved by the Planning Commission. 4 (b) The site shall be maintained in a condition, which is free of debris ' both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (d) Applicant shall comply with the Department of Alcoholic Beverage Control (ABC), Federal, State and City regulations. (e) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period 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. (f) Prior to obtaining the ABC license and the sale of beer and wine, the applicant shall enlarge the enclosure to accommodate the existing trash bin or investigate the availability of a smaller bin that would service the trash needs of the site. (g) Prior to obtaining the ABC license and the sale of beer and wine the applicant shall repair and slurry seal the parking lot and delineate the required 14 parking stalls. (h) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (i) If the Department of Fish and Game determines that Fish and Game ' Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's k, approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 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: Equilon Enterprises, LLC, PO Box 4369, Houston, TX 77210, and Fausto Buchelli, 206 S. Diamond Bar Boulevard, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 28TH OF MAY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:- io4eph T. Ruzicka, airman I, 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 regular meeting of the Planning Commission held on the 28th day of May 2002, by the following vote: AYES: Tanaka, C/Ruzicka NOES: V/C Tye ABSENT: Nolan, Nelson ABSTAIN: ATTEST: ` j James D Stefano, Secretary C 'LANNING COMMISSION RESOLUTION NO. 2002-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT N0.2002-06 AND CATEGORICAL EXEMPTION, TO SELL ALCOHOLIC BEVERAGES (BEER AND WINE) FOR OFF- SITE CONSUMPTION IN CONJUNCTION WITH THE SALE OF MOTOR FUEL. THE PROJECT SITE IS LOCATED AT 206 S. A. RECITALS. The property owner, Equilon Enterprises, LLC, and applicant, Fausto Buchelli, have filed an application for Conditional Use Permit No. 2002-06 and categorical exemption for a property located at 206 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application". 2. On May 13, 2002, public hearing notices were mailed to approximately 46 property owners of record within a 500 -foot radius of the project. In addition, the project site was posted with a display board and the public notice was posted in three public places. On May 16, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On May 28, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the Planning Commission concluded the public hearing. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a square shaped lot, approximately 27,647 square feet and developed with Shell service station with service bays, snack mart and parking stalls. The service station is located at 206 S. Diamond Bar Boulevard (corner of Palomino Drive/Diamond Bar Boulevard). (b) The General Plan land use designation for the project site is General Commercial (C). (c) The zoning designation for the project site is Neighborhood Business (Community Commercial/C-2) Zone. (d) Generally, the following zones and uses surround the project site: To the north are the C-2 Zone and the Pomona (60) Freeway; to the south is the C-2 Zone; to the east is the Single -Family ResidenceMaximum Lot Size -8,000 Square Feet (R-1-8,000) Zone; and to the west is the Commercial Planned Development (CPD) (e) The application request is to sell alcoholic beverages (beer and wine) for off-site consumption in conjunction with the sale of motor fuel at and existing Shell service station. Conditional Use Permit (f) 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 the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process for reviewir, specified activities and uses identified in a zoning district whose effect on tY surrounding area cannot be determined before 2 being proposed for a particular location. The proposed sale of alcoholic beverages (beer and wine) for off-site consumption is permitted in C-2 Zone with a Conditional Use Permit and as amended herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. The proposed sale of alcoholic beverages (beer and wine) for off-site consumption is considered retail sales which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; he project site is approximately 27,647 square feet and developed with Shell service station with service bays, snack mart and parking stalls. The proposed sale of alcoholic beverages (beer and wine) for off-site consumption will be part of the snack mart operation. No additional square footage will be added to the service station structure. Since parking is based on the square footage of the existing retail area and existing service bays, additional parking stalls are not required. The project site is located within an existing commercial area with the main land uses related to services and retail sales. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) 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 currently developed with a Shell service station which includes service bays, snack mart and parking stalls. As referenced above in Items (f) and (h), the sale of alcoholic beverages (beer and wine) for off-site consumption meets the required development standards for C-2 Zone with a Conditional Use Permit. Provisions for utilities exist at the project site. Additionally, the Los Angeles County Sheriff's Department 3 believes the project site is not located in a high crime area and has no objections to the license being granted. Furthermore, according to the applicant, the selling of beer and wine would increase sales and thereby increase profit. The applicant believes that the issuance of an ABC license would serve the public convenience and necessity because his patrons want the convenience of buying beer and wine while buying fuel or other items in the snack mart and having their car repaired. The applicant stated that his patrons want to eliminate an additional stop and waiting time at the grocery store or other retail business. ABC stated to staff that a license could be issued because the project site is not in a high crime area and the applicant has demonstrated to their satisfaction that the public convenience and necessity would be served. Q) 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; As referenced above in Items (0 through a), the proposed the sale of alcoholic beverages (beer and wine) for off-site consumption and as amended here in will meet the City's minimum development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the Department of Alcoholic Beverage Control (ABC). The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan labeled as Exhibit "A" dated May 28, 2002, as submitted, amended herein and approved by the Planning Commission. 12 (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (d) Applicant shall comply with the Department of Alcoholic Beverage Control (ABC), Federal, State and City regulations. (e) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period 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. (f) Prior to obtaining the ABC license and the sale of beer and wine, the applicant shall enlarge the enclosure to accommodate the existing trash bin or investigate the availability of a smaller bin that would service the trash needs of the site. (g) Prior to obtaining the ABC license and the sale of beer and wine the applicant shall repair and slurry seal the parking lot and delineate the required 14 parking stalls. (h) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (i) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's 5 approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines 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: Equilon Enterprises, LLC, PO Box 4369, Houston, TX 77210, and Fausto Buchelli, 206 S. Diamond Bar Boulevard, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 28TH OF MAY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: J eph T. Ruzicka, 'airman I, 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 regular meeting of the Planning Commission held on the 28th day of May 2002, by the following vote: AYES: Tanaka, C/Ruzicka NOES: WC Tye ABSENT: Nolan, Nelson ABSTAIN: ATTEST: j James D t Stefano, Secretary 9