HomeMy WebLinkAboutPC 2003-05A.
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PLANNING COMMISSION
RESOLUTION NO. 2003-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
DIAMOND BAR APPROVING CONDITIONAL USE
NO. 2002-19, A REQUEST TO OPERATE A COI
SERVICES/GAMING CENTER IN AN EXISTING SHOPPING C
THE PROJECT SITE IS WITHIN DIAMOND BAR VILLAGE SH
AND PROFESSIONAL CENTER LOCATED AT 23499 C
SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA, 91765.
RECITALS
The property owner, Diamond Star, LLC and applicant, JechL
filed an application for Conditional Use Permit No. 2002-19 ai
exemption for a property located at 23499 Golden Springs Di
Bar, Los Angeles County, California. Hereinafter in this Ri
subject Conditional Use Permit and categorical exemption shi
as the "Application."
2. On January 28, 2003, public hearing notices were mailed to
253 property owners within a 700 -foot radius of the pro.
January 30, 2003, notification of the public hearing for thl
provided in the San Gabriel Valley Tribune and Inland Valle
newspapers. Furthermore, on January 29, 2003, the projects
with a display board and the public notice was posted in three
ITY OF
ERMIT
)LITER
N
Kim, Itave
categc rical
Diamond
elution, the
be referred
;t site.
project
was F
blic p
.ely
On
3. On February 11, 2003, the Planning Commission of the City of iamondar
conducted and concluded a duly noticed public hearing on th Applicat on.
RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by t e Planning
Commission of the City of Diamond Bar as follows: I
1, This Planning Commission hereby specifically finds that all of
forth in the Recitals, Part A, of this Resolution are true and coi
2. The Planning Commission hereby finds that the project identif
this Resolution is categorically exempt pursuant to Section 15:
California Environmental Quality Act (CEQA) and guidelines pi
facts bet
ed abov in
03(c) of the
omulgatE d
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
3, Fhe 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 an existing shopping center identified as
Diamond Bar Village Shopping and Professional Center. It is
approximately nine acres and located at the northwest corner of
Diamond Bar Boulevard and Golden Springs Drive. It is developed
with a commercial and office structure totaling to approximately
118,254 square feet constructed in mid 1980's. Uses within the
shopping center are generally retail, restaurant, office and personal
services.
(b) The project site has a General Plan land use designation of General
Commercial (c).
(c) The project site is within the Community Commercial (C-2) zoning
district.
(d) Generally, the following zones and use surround the project site: To
the north is the Regional Commercial (C-3) Zone; to the south is the
Multiple Residence (R-3-1 U) Zone and Lorbeer Junior High School; to
the east is the C-2 Zone; and to the west is the Single -Family
Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone.
(e) The Application request is to legalize an existing computer
services/gaming center identified as "ePC", that has been operation
since late 2001.
14
Conditional Use Permit
' (f) The proposed use is allowed within the subject zoning i
approval of a Conditional Use Permit complies with all
applicable provisions of the Development Code and
Code;
istrict wit
other
he Muni
The purpose of the Conditional Use Permit is to pro vide a
reviewing specified activities and uses Identified in a zo.
whose effect on the surrounding area cannot be dete m
being proposed fora particular location. A computerservi
center is permit in Community Commercial (C-2) zone w th
a Conditional Use Permit, compliance with standards re qL
use is Development Code Section 22.42.035 and as arr el
will comply with all other applicable provisions of the �
Code and the Municipal Code.
the
ipal
: for
trict
`ore
ring
?1 of
this
(g) The proposed use is consistent with the GeneralFlan and any
applicable specific plan;
The project site has a General Plan land use designati
Commercial (C). Objectives and Strategies of the
provide for land uses that are diverse, mixed-use corn
office and services uses within this land use category
services/gaming is considered a service use and is cc
this land use category as conditioned within this resole
(h) The design, location, size and operation cha
proposed use are compatible with the existing and
the vicinity;
The project site is located within an existing shopping cE
as Diamond Bar Village Shopping and Professional
approximately nine acres and located at the northw
Diamond Bar Boulevard and Golden Springs Drive. It
with a commercial and office structure totaling to G
118,254 square feet constructed in mid 1980's. Us+
shopping center are generally retail, restaurant, office
services.
The proposed use, as conditioned within this res
compatible with the existing and future land uses
Additionally, ePC has been operating for over a year.
frame, the City, Los Angeles County Sheriff Dep
' Station, and management company of the shopping c
3
i of Gen ral
eneral Plan
iercial retail,
A computer
ipatible ith
,tics of the
land uses in
teridentr ied
enter. t is
>t come of
develo ed
Proxima ely
within he
id Pers ,
'on, will I be
in I the
this
have
received any complaints. The staff has visited the project site several
times and has not found conditions such as loitering, loud noises,
untidy property conditions, inadequate parking etc. Compliance with
Development Code Section 22.42.035 and obtaining the appropriate
permits and inspections, ePC will continue to operate a reputable
business.
(i) 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 (i), the proposed computer
services/gaming center with a Conditional Use Permit will implement
operational standards as prescribed in the City's Development Code
to ensure that this use is not 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.
(j} 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 Quality Act
(CEQA), Section 15303(c) and guidelines promulgated thereunder,
the City has determined that this project is categorically exempt.
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar
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 site plan and floor plan,
labeled as Exhibit "A" dated February 11, 2003, as submitted and
approved by the Planning Commission, and as amended herein.
(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
Ell
be the applicant's obligation to insure that the waste contractor ut lized
has obtained permits from the City of Diamond Bar to provide such
' services.
(c) Property owner/applicant shall remove the public hearig notice card
within three days of this project's approval, 7 1
-- (d) Applicant shall provide at least one (1) full-time adul
attends
it or
supervisor, 21 years of age or older for each 20 ma&
ines plus
one
security guard for each 20 machines; or the applica
t may install
security surveillance in place of the one security guard
for each
20
machines;
(e) Within 45 days of this approval, the applicant shall
blain pe
mits
from the City for the two existing permanent wall signs
dentifyin
the
business;
1
n
(f) Applicant shall post hours of operation and "No Loitering" and c rfew
signs in front of the business in a conspicuous place adjacent tthe
front door;
(g) Applicant shall add six additional seats to the waiting area fora otal
of 12 seats; and no waiting list shall be maintained beyo d the seting
capacity of the waiting area;
(h) Applicant shall provide bicycle parking adjacent to the premises
(i) Applicant shall remove existing coating on windows an doors, The
business unit windows and glass doors shall remain un:)bstructrzd at
all times; all entrances and interior areas shall be adeqL ately lighted,
and a lighting plan shall be reviewed and approved by he City;
(j) Applicant shall provide filters for the computer netwo k to preent
user(s) from accessing adult web sites;
(k) Applicant shall arrange the computer stations in a manner that plc
the attendant or supervisor on duty in a position to see all camp
screens. Applicant shall submit a floor plan indicating the revi
arrangement of the computer stations;
(1) Walls separating the computer services/network gaming center f om
adjoining uses shall comply with the sound transmission code rating
of at least 45 or employ other noise attenuating devices as approved
by the City;
(m) Applicant shall install handicapped signage at each ent`•y;
5
(n) On a site plan, the applicant shall delineate the path of travel from the
parking lot to building. This path of travel shall not exceed two
percent cross slope. Existing ramp shall be certified in order to meet
all accessible requirements;
(o) Applicant shall conform to State and local Building Codes (i.e., 2001
editions of the CAL. Building Code, Plumbing Code, Mechanical
Code, and National Electrical Code) as well as the State Energy
Code. Additionally, the applicant is required to obtain appropriate
permits, inspections and Certificate of Occupancy;
(p) Exterior doors shall be a minimum width of three feet and exit signs
shall be illuminated;
(q) Restroom, fixture location and dimensions shall be handicapped
accessible. If four or more staff are working at one time, two
bathrooms shall be provided;
(r) 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 and the
Commission may revoke or modify the Conditional Use Permit.
(s) This grant must be exercised within 45 days from this approval date.
The applicant shall complete the plan check process and receive the
appropriate permits within, the, X45 days of this project approval.
Furthermore, the; -applicant shill obtain a Certificate of Occupancy
within 90 days of this projects approval. If the applicant does not
meet this time line, the project .may be brought to the Planning
Commission for review and further action.
(t) 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.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
1.1
D
1
1
(b) Forthwith transmit a certified copy of this Resolution, by certified ail,
to: Jechual Kim, 1756 Autumn Glow Drive, Diamond Bar, CA 9 765
and DBV Star, LLC, P.O. Box 5156, Diamond Bar, CA 91765
APPROVED AND ADOPTED THIS 11 TH DAY OF FEB
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:q ,
�. Joe Ruz ka, C airman
I, James DeStefano, Planning Commission Secretary, do hereby certify that
Resolution was duly introduced, passed, and adopted by the Planning Comr
City of Diamond Bar, at a regular meeting of the Planning Commission helc
day of February 2003, by the following note:
AYES: Tanaka, C/Ruzicka, Nelson, Nolan, V/C Tye
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
mes DeSte no, Secretary
7
,RY
e
im
fission othe
on the 1 1 th
PLANNING COMMISSION RESOLUTION NO. 2003-05
A. RECITALS
A RESOLUTION OF THE PLANNING COMMISSION OF THE ITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT N0.2002-19, A
REQUEST TO OPERATE A COM LITER SERVICES/GAMING CENTER IN
AN EXISTING SHOPPING CENTER. THE PROJECT SITE IS WITHIN
DIAMOND BAR VILLAGE SHOPPING AND PROFESSIONAL CENTER
LOCATED AT 23499 GOLDEN SPRINGS DRIVE, DIAMOND BAR,
CALIFORNIA, 91765.
1. The property owner, Diamond Star, LLC and applicant, Jech al Kim, ave filed
an application for Conditional Use Permit No. 2002-19 arid categorical
exemption for a property located at 23499 Golden Springs Drive, Dia and
Bar, Los Angeles County, California. Hereinafter in this R solution,[ the
subject Conditional Use Permit and categorical exemption sh II be referred
as the "Application."
2. On January 28, 2003, public hearing notices were mailed to pproxim tely 253
property owners within a 700 -foot radius of the proj ct site. On January 30,
2003, notification of the public hearing for this project as provided in the
San Gabriel Valley Tribune and Inland Valley ail Bulletin newspapers.
Furthermore, on January 29, 2003, the project si was po ted with a display
board and the public notice was posted in three ublic places.
3. On February 11, 2003, the Planning Commission of the City of iamond ar
conducted and concluded a duly noticed public hearing on th Applicat 1On. B.
RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by t -e Plan ring
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of he facts ei forth
in the Recitals, Part A, of this Resolution are true and cor ect.
2. The Planning Commission hereby finds that the project identified above in this
Resolution is categorically exempt pursuant to Section 15 03(c) of he
California Environmental Quality Act (CEQA) and guidelines p mulgat d
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
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 an existing shopping center identified as Diamond
Bar Village Shopping and Professional Center. It is approximately
nine acres and located at the northwest corner of Diamond Bar
Boulevard and Golden Springs Drive. It is developed with a
commercial and office structure totaling to approximately 118,254
square feet constructed in mid 1980's. Uses within the shopping
center are generally retail, restaurant, office and personal services.
(b) The project site has a General Plan land use designation of General
Commercial (c).
(c) The project site is within the Community Commercial (C-2) zoning district.
(d) Generally, the following zones and use surround the project site: To
the north is the Regional Commercial (C-3) Zone; to the south is the
Multiple Residence (R-3-1 U) Zone and Lorbeer Junior High School;
to the east is the C-2 Zone; and to the west is the Single -Family
Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone.
(e) The Application request is to legalize an existing computer
services/gaming center identified as "ePC", that has been operation
since late 2001.
K
