HomeMy WebLinkAboutPC 2003-061
A.
1
PLANNING COMMISSION
RESOLUTION NO. 2003-06
A RESOLUTION OF THE PLANNING COMMISSION OF T
DIAMOND BAR APPROVING CONDITIONAL US
NO.2002-15/MINOR VARIANCE NO.2002-10 AND C�
EXEMPTION 15303((), A REQUEST TO OPERATE A
SERVICES/ GAMING CENTER AND TO REDUCE THE f
REQUIRED OFF-STREET PARKING SPACES IN AN EXISTINI
CENTER. THE PROJECT SITE IS 1119-1123 BREA CAN
DIAMOND BAR, CALIFORNIA.
RECITALS
E CITY OF
PE MIT
'EGORI AL
COMPU ER
UMBER OF
i SHOPP NG
ICON R D,
The property owner, Lakeview Village Corporation, and applicant, Jerry
(PC Holiks), have filed an application for Conditional Use PE
No-2002-15/Minor Variance No. 2002-10 for a property locate(
1119-1123 Brea Canyon Road, Diamond Bar, Los Angeles Cot
California, as described in the title of this Resolution. Herei after in
Resolution, the subject Conditional Use Permit/Minor V riance
Categorical Exemption shall be referred to as the "Application "
2. On January 29, 2003, 345 property owners within a 700 -foot
project site were notified by mail. On January 31, 2003, notii
public hearing for this project was provided in the San Gabriel 1
and Inland Valley Daily Bulletin newspapers and a notice of put
a display board was posted at the site and displayed for at I
before the public hearing, and three other public places were
the vicinity of the application.
3. On February 11, 2003, the Planning Commission of the City of
conducted a duly noticed public hearing and continued the ,
February 25, 2003. On February 25, 2003, the Planning
conducted and concluded the duly noticed public hearing on th
RESOLUTION
lius of
tion of
11[1Z:J
ao
'nit
at
ty,
lis
nd
on
liamond ar
)plicatio to
'.ommiss on
Applicati n.
NOW, THEREFORE, it is found, determined and resolved byte Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of Me facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the project identifi d
above in this Resolution is categorically exempt from the requirements oft e
California Environmental Quality Act of 1970 (CEQA) and guidelin s
promulgated thereunder. This is pursuant to Section 15303 of Article 19 of
Chapter 3, Title 14 of 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 upon the findings and conclusions set forth herein, this Planning
Commission, hereby finds as follows:
(a) The project relates to a parcel at 1119-1123 Brea Canyon Road,
Diamond Bar, California, a suite within an existing commercial
shopping center with mixed uses of community retail, restaurants, and
service. The project site's total acreage is approximately 10 acres
with seven buildings of approximately 395,000 square feet.
(b) The General Plan Land Use designation of General Commercial (C).
The project site is zoned Neighborhood Commercial -Billboard
Exclusion (C -2 -BE).
(c) Generally, the following zones and uses surround the project site: to
the north is Neighborhood Commercial -Billboard Exclusion (C -2 -BE)
Zone and the SR 60; to the west is the Commercial Planned
Development, 20,000-20 Units (CPD); to the east and south is the
Low Density Residential Zone (R-1-8000).
(d) The application is a request to operate a computer services/network
gaming center and to reduce the number of required off-street parking
spaces by 7.5 percent in an existing shopping center.
CONDITIONAL USE PERMIT
(e) 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 this 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
2
being proposed fora particular location. A computer
' gaming center is permitted in Neighborhood Commi
translates to the applicable standards of the Commc
(C-2) zone, with a Conditional Use Permit and as am
comply with all other applicable provisions of the De
and the Municipal Code.
(f} The proposed use is consistent with the General
applicable specific plan.
The project site has a General Plan land use designa
Commercial (C). Pursuant to the General Plan,
designation provides for regional, freeway oriented, an,
retail and service commercial uses. The propos
considered a service commercial use. The Application
within this resolution is consistent with the General Ph
specific plan.
ices/ne work
1(C-2) hich
Commercial
�,d here will
pment Code
3n and any
z of General
�s land use
r comm pity
1 project is
conditined
There t no
(g) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land us sin
the vicinity.
The proposed use is within a suite in an existing multi-tei7ant
' commercial center processed by Los Angeles County consisting of
seven buildings on a 10 -acre site. There are no change,-,,, expansion,
or structural alterations to this existing structure. Uses within the
center are retail, restaurants, and service. The operating
characteristics of the proposed use will be compatible with the
existing and future land uses in the vicinity as condifidneJ through the
Conditional Use Permit process.
(h) The subject site is physically suitable for the type and density/inten sity
of use being proposed including access, provisions of utilit es,
compatibility with adjoining land uses, and the absence of phys cal
constraints.
The subject property is an existing shopping center. As referee ec
above in Item (g), the proposed computer services/network gaming
center is an appropriate use at the subject property.
(i} Granting the Conditional Use Permit will not be detrimental to he
public interest, health, safety, convenience, or welfare, or materially
injurious to person, property or improvements in the vicinity and
zoning districts in which the property is located.
' As referenced above in Items (e) (com proposed the through i) P P , ro
9 p ter
services/networkgaming center with a Conditional Use F ermit. wh'ch
3
Will implement operational standards as prescribed in the City's
Development Code, 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).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15303(c).
MINOR VARIANCE
(k) There are special circumstances applicable to the property
(e.g., location, shape, size, surroundings, topography, or other
conditions), so that the strict application of this Development Code
denies the property owner privileges enjoyed by other property
owners in the vicinity and under identical zoning districts or creates an
unnecessary and non -self-created, hardship or unreasonable
regulation which make it obviously impractical to require compliance
with the development standards.
This center was originally constructed under the Los Angeles County
Code. Today's Development Code adopted in 1998 requires more
strict parking requirements. New allowed uses with parking space
deficiencies may be permitted provided that the new use can prove
that adequate parking is available on site. A Minor Variance approval
for a reduction of not more than 20% in the number of off-street
parking spaces may be granted provided that a Shared Parking
Analysis shows adequate parking for all uses based on the
businesses'staggered hours of operation.
In this case, a Shared Parking Analysis for the subject site was
prepared by a registered traffic engineer based on site observations
on a typical Tuesday and Saturday, with current Development Code
parking standards and uses. The City's Traffic Engineer approved the
reports. The analysis confirms that adequate parking spaces are
provided on site for the current business uses and the proposed
restaurant.
The Minor Variance request is to allow a reduction of required off-
street parking spaces of 7.9 percent. Two Shared Parking Analysis
Reports have been prepared that indicate that parking on-site is
available to accommodate this use and the variety of existing uses as
conditioned to open the business at2:30 p.m. Both studies show few
4
excess spaces in areas A-1 through A-5 that are in thi
proposed computer/gaming center before 2:30 p.m.
' the spaces in the vicinity increase as the existing bu,
hours decrease. The Applicant has sent a letter indica
on the shared parking analysis the hours of ope
proposed use would be altered to a more favorable
parking, opening at 2:30 p.m. At that time, the S)
Analysis indicates 74 regular spaces plus 14 disability
be available for the existing uses and the proposed u:
vicinity If the
`ter 2:30 bo. m.
�g that sed
tion for this
me for open
!red Pa king
Because of the variety of uses with varying hours of operation and
varying peak parking times, the strict application of this Development
Code makes it impractical to require compliance with the development
standard for parking.
(I) Granting the Minor Variance is necessary for the pre ervation and
enjoyment of substantial property rights possessed by other property
owners in the same vicinity and zoning district and cenied to the
property owner for which the Minor Variance is sought.
This center was originally constructed under the Los Aneles Co my
Code. Diamond Bar's Development Code has more trict
requirements yet allows for the process of a Minor Variance for a
' reduction of not more than 20% in the number of required off-st eet
parking spaces. Based on the analysis, the approval of the Onor
Variance to allow a reduction of 7.9 percent will not hinder the
businesses in the shopping center of those having varting hou of
operation and uses. Therefore, without a Minor Variar ce appro val,
the applicant is denied the same enjoyment and privi eges, which
other neighboring shopping centers in the same zoning dis rict
possess.
(m) Granting the Minor Variance is consistent with the Gen ral Piannd
any applicable specific plan.
As stated in Items 4(e) and 4(f), this Application is consistent with the
General Plan. The Shared Parking Analysis indicates adequate
parking for the proposed use as well as existing uses.
(n) The proposed entitlement would not be detrimental to the public
interest, health, safety, convenience or welfare of the City.
As referenced above in Items 4(e) through 4(i), the proposed
computer services/network gaming center with a Con Jitional se
' Permit, which will implement operational standards as rescribec F in
the City's Development Code, ensure that this use is nol detrimental
to the public interest, health, safety, convenience, or welfare, or
5
5
injurious to persons, property, or improvements in the vicinity and
zoning district in which the property is located. The Shared Parking
Analysis indicates adequate parking on-site with the proposed use as
well as the existing uses.
(o) The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
As stated in Item 46).
Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
(a) The project shall substantially conform to site plan, floor plans, and
elevations collectively labeled as Exhibit "A" dated February 25, 2003,
as submitted, and approved by the Planning Commission, and as
amended herein.
(b) Property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
(c) Within 30 days of this approval, the applicant shall obtain permits
from the City for the permanent wall sign identifying the business and
the banner currently located on the storefront.
(d) The shopping center site shall be clean and maintained in a condition
that is free of debris both during and after the implementation of the
entitlement granted herein. The removal of all trash, debris, and
refuse, shall be done only by the property owner, applicant or by 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.
(e) Applicant shall provide two handicapped accessible computer
stations.
(f) Prior to the issuance of any permits, the Applicant shall submit a
revised site plan that delineates the path of travel from the parking lot
to building. This path of travel shall not exceed two percent cross
slope. Existing ramp must be certified in order to meet all accessible
requirements.
(g) Parking lot shall require handicap signage at each entry.
(h) Pursuant to Development Code Section 22.42.035, the
applicant
shall
implement and maintain the following operational standard
for
a
computer services/network gaming center:
(1)
Shall provide at least one (1) full-time adult
attendant
or
supervisor, 21 years of age or older for each 20
machines.
(2)
The applicant shall maintain a surveillance camera
utilized
within the store so that the attendant or supervisor
on
duty
shall be able to see all computer screens.
(3)
Computers shall be available for use only between
2:30
.m.
and 12:00 midnight Sunday through Thursday;
and between
2:30 p.m. and 2:00 a.m. on Friday and Saturday.
The
Planning Commission has authorized staff to allow
anearlier
starting time should it be warranted after the business
is open
and operating.
(4)
Minors (under 18 years of age) shall not enter
a computer
services/network gaming center after 10:00
p.m. unless
accompanied by a parent or guardian.
(5)
Hours of operation shall be posted in a conspicuous
plac
.
(6)
Shall have a waiting area for minimum of eight
seats.
No
waiting list shall be maintained beyond the seating
capaci
y of
the waiting area.
(7)
There shall be no loitering around any
computer
services/network gaming center; applicant shall
post
"No
Loitering" and curfew signs in front of the business.
(8)
Shall maintain the two toilet and lavatory facilitiEIS
on the
site
plan.
(9)
Shall provide bicycle parking adjacent to the pre
rnises.
(10)'
Business unit windows and glass doors shall
remain
unobstructed at all times; all entrances and interi
r areas
hall
be adequately lighted, and a lighting plan shall
be reviewed
and approved by the City prior to corn mencemen
of busin
ss.
(11)
Entrance doors shall be equipped with an automatic
elf -
closing system.
(12)
Alcohol consumption shall be prohibited.
(13)
Accessing adult-oriented Internet sites shall big
prohibi
ed.
Business owner shall provide filters for the computer
net
ork
to prevent user(s) from accessing adult web sites.
(15)
Walls separating the computer services/network g
ming ce
ter
from adjoining uses shall comply with the sound
ransmis
ion
code rating of at least 45 or employ other noise
attenua
ing
devices as approved by the City.
(16)
A computer services/network gaming center
shall not
be
operated in a detrimental manner (i.e., loiteri
g, crea
ing
excessive noise, etc.) to adjoining business
3s and
the
community.
7
(i) Exterior doors shall swing out.
(j) Restroom, fixture location and dimensions shall be handicapped
accessible.
(k) Employees of the shopping center and computer gaming center shall
utilize parking in the rear of the shopping center.
(1) Applicant shall conform to State and local Building Codes (i.e., 2001
editions of the California. 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.
(m) To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodical
review. If non-compliance with conditions of approval occurs, the
Planning Commission may review the Conditional Use Permit and
additional operational conditions may be added.
(n) This grant is valid for two (2) years and shall be exercised
(i.e., construction) within that period or this grant shall expire. A one -
(1) year extension may be approved when submitted to the City in
writing at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Development Code.
(o) 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 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.
(p) 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
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.
"I
1
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified ail
to Lakeview Village Corporation, 12901 Harbor Boulevard, # -5,
Garden Grove, CA 92840 and Jerry Pao (PC Hol ks),
18046 Amargoso Street, Rowland Heights, California 91748.
APPROVED AND ADOPTED THIS 25th DAY OF FEBRUARY 2003, BY�HE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
jo4 Ruzicka, air an
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregc ing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planr ing
Commission held on the 25th day of February, 2003, by the following vote:
AYES: Commissioners: V/C Tye, Nelson, Nolan, Tanaka, C/Ruzi ka
NOES: None
ABSENT: None
ABSTAI ,9 None
f 1
ATTEST:I
JalUis DeStef no, Secretary
I•
PLANNING COMMISSION RESOLUTION NO. 2003-06
A RESOLUTION OF THE PLANNING COMMISSION OF T E CITY OF
DIAMOND BAR APPROVING CONDITIONAL US PE MIT N0.2002-
15/MINOR VARIANCE N0.2002-10 AND CATEGORICAL EXEMPTION
15303(c), A REQUEST TO OPERATE A COMPU ER SERVICES/ GAMING
CENTER AND TO REDUCE THE UMBER OF REQUIRED OFF-STREET
PARKING SPACES IN AN EXISTING SHOPPING CENTER. THE
PROJECT SITE IS 1119-1123 BREA CAN ON R TD, DIAMOND BAR,
CALIFORNIA.
A. RECITALS
1. The property owner, Lakeview Village Corporation, and applicant, Jerry ao (PC
Holiks), have filed an application for Conditional Use Pe mit No. 2002-
15/Minor Variance No. 2002-10 for a property located at 1119-1123 Brea
Canyon Road, Diamond Bar, Los Angeles Cou ty, California, as described
in the title of this Resolution. Herei after in his Resolution, the subject
Conditional Use Permit/Minor V riance nd Categorical Exemption shall be
referred to as the "Application "
/ 2. On January 29, 2003, 345 property owners within a 700 -foot adius of the project site were
notified by mail. On January 31, 2003, notifi ation of the public hearing for
this project was provided in the San Gabriel V Ile Trib ne and Inland Valley
Daily Bulletin newspapers and a notice of pub I c hearin on a display board
was posted at the site and displayed for at I ast 10 d-ys before the public
hearing, and three other public places were osted wi hin the vicinity of the
application.
3. On February 11, 2003, the Planning Commission of the City of Diamond ar
conducted a duly noticed public hearing and continued the A plicatio to
February 25, 2003. On February 25, 2003, the Planning ommiss on
conducted and concluded the duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by tt-e Plann
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of t e facts forth in the Recitals,
Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the project identil above
in this Resolution is categorically exempt from the require ents of
California Environmental Quality Act of 1970 (CEQA) and guidelu
promulgated thereunder. This is pursuant to Section 15303 of Article 19 of
Chapter 3, Title 14 of 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 upon the findings and conclusions set forth herein, this Planning Commission,
hereby finds as follows:
(a) The project relates to a parcel at 1119-1123 Brea Canyon Road,
Diamond Bar, California, a suite within an existing commercial
shopping center with mixed uses of community retail, restaurants,
and service. The project site's total acreage is approximately 10
acres with seven buildings of approximately 395,000 square feet.
(b) The General Plan Land Use designation of General Commercial (C). The
project site is zoned Neighborhood Commercial -Billboard Exclusion (C-
2 -BE).
(c) Generally, the following zones and uses surround the project site: to
the north is Neighborhood Commercial -Billboard Exclusion (C -2 -BE)
Zone and the SR 60; to the west is the Commercial Planned
Development, 20,000-20 Units (CPD); to the east and south is the
Low Density Residential Zone (R-1-8000).
(d) The application is a request to operate a computer services/network
gaming center and to reduce the number of required off-street parking
spaces by 7.5 percent in an existing shopping center.
CONDITIONAL USE PERMIT
(e) 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 this 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
2
being proposed for a particular location. A
computer gaming center is permitted in
Neighborhood Comme translates to the applicable
standards of the Commt (C-2) zone, with a
Conditional Use Permit and as am comply with all
other applicable provisions of the De and the
(f) The proposed use is consistent with the General applicable
specific plan.
The project site has a General Plan land use designa
Commercial (C). Pursuant to the General Plan,
designation provides for regional, freeway oriented,
an( retail and service commercial uses. The propos
considered a service commercial use. The
Application within this resolution is consistent with the
General Pla specific plan.
(g) The design, location, size and operating chai proposed
use are compatible with the existing and the vicinity.
The proposed use is within a suite in an existing
commercial center processed by Los Angeles County
seven buildings on a 10 -acre site. There are no
change or structural alterations to this existing
structure. Us center are retail, restaurants, and
service. TY characteristics of the proposed use will be
compat existing and future land uses in the vicinity as
conditione Conditional Use Permit process.
1 (C-2) hich
Commercial
fed here will
)pment ode
an and any
n of Ge eral
is land use
-rcomm nity
of project is
conditi
ned There
no stics of
the land
uses in multi-
te ant
onsistin of
expan 'on, s
within the
opera ing le
with the
(h) The subject site is physically suitable for the type and density
of use being proposed including access, provision of
compatibility with adjoining land uses, and the absence of
constraints.
The subject property is an existing shopping center. A referer
above in Item (g), the proposed computer serviceslnet ork gar
center is an appropriate use at the subject property.
(i) Granting the Conditional Use Permit will not be detri ental to public
interest, health, safety, convenience, or welfare, r mater
injurious to person, property or improvements in the vicinity
zoning districts in which the property is located.
?renced above in Items (e) through (i), the propos d comp serviceslnetwork gaming center
✓vith a Conditional Use ermit. wi
will implement operational standards as prescribed in the City's Development
Code, 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).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15303(c).
MINOR VARIANCE
(k) There are special circumstances applicable to the property (e.g.,
location, shape, size, surroundings, topography, or other
conditions), so that the strict application of this Development Code
denies the property owner privileges enjoyed by other property
owners in the vicinity and under identical zoning districts or creates
an unnecessary and non -self-created, hardship or unreasonable
regulation which make it obviously impractical to require compliance
with the development standards.
This center was originally constructed under the Los Angeles
County Code. Today's Development Code adopted in 1998 requires
more strict parking requirements. New allowed uses with parking
space deficiencies may be permitted provided that the new use can
prove that adequate parking is available on site. A Minor Variance
approval for a reduction of not more than 20% in the number of off-
street parking spaces may be granted provided that a Shared
Parking Analysis shows adequate parking for all uses based on the
businesses'staggered hours of operation.
In this case, a Shared Parking Analysis for the subject site was
prepared by a registered traffic engineer based on site observations
on a typical Tuesday and Saturday, with current Development Code
parking standards and uses. The City's Traffic Engineer approved
the reports. The analysis confirms that adequate parking spaces are
provided on site for the current business uses and the proposed
restaurant.
The Minor Variance request is to allow a reduction of required offstreet parkinc
spaces of 7.9 percent. Two Shared Parking Analysis Reports have beer
prepared that indicate that parking on-site is available to accommodate this USE
and the variety of existing uses as conditioned to open the business at2.30 p.m
Both studies show few
12
excess spaces in areas A-1 through A-5 that are in the vicinity
proposed computerlgaming center before 2.30 p. m. Iter 2.3i
the spaces in the vicinity increase as the existing bu inesses
hours decrease. The Applicant has sent a letter indicat ng that
J on the shared parking analysis the hours of operation fo
proposed use would be altered to a more favorable lime for
parking, opening at 2.30 p.m. At that time, the Shared P<
Analysis indicates 74 regular spaces plus 14 disability paces i
be available for the existing uses and the proposed us p.
Because of the variety of uses with varying hours of l
varying peak parking times, the strict application of
this Code makes it impractical to require compliance
with the standard for parking.
(1) Granting the Minor Variance is necessary for the pre;
enjoyment of substantial property rights possessed by
< owners in the same vicinity and zoning district and c
property owner for which the Minor Variance is sought.
This center was originally constructed under the Los An eles Co
Code. Diamond Bar's Development Code has more c
requirements yet allows for the process of a Minor Variance t
reduction of not more than 20% in the number of required off-si
parking spaces. Based on the analysis, the approval of the N,
Variance to allow a reduction of 7.9 percent will not hinder
businesses in the shopping center of those having va ing houi
operation and uses. Therefore, without a Minor Varia ce apprc
the applicant is denied the same enjoyment and privileges, w,
other neighboring shopping centers in the same z coning dis
possess.
(m) Granting the Minor Variance is consistent with the Gen ral Plan any applicable specific
plan.
the
this
the
As stated in Items 4(e) and 4(f), this Application is cons tent with
General Plan. The Shared Parking Analysis indics the s adeq
parking for the proposed use as well as existing uses. to - the
(n) The proposed entitlement would not be detrimental interest,
public Y.
health, safety, convenience or welfare of the 3 propo ed
titional se
As referenced above in Items 4(e) through 4(i) escribe in
computer serviceslnetwork gaming center with a Cc detrime tal
Permit, which will implement operational standards as welfare, or
the City's Development Code, ensure that this use is
n to the public interest, health, safety, convenience, c
61
injurious to persons, property, or improvements in the vicinity and
zoning district in which the property is located. The Shared Parking
Analysis indicates adequate parking on-site with the proposed use
as well as the existing uses.
(o) The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
As stated in Item 46).
5 Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
(a) The project shall substantially conform to site plan, floor plans, and
elevations collectively labeled as Exhibit "A" dated February 25, 2003,
as submitted, and approved by the Planning Commission, and as
amended herein.
(b) Property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
(c) Within 30 days of this approval, the applicant shall obtain permits from the
City for the permanent wall sign identifying the business and the
banner currently located on the storefront.
(d) The shopping center site shall be clean and maintained in a condition
that is free of debris both during and after the implementation of the
entitlement granted herein. The removal of all trash, debris, and
refuse, shall be done only by the property owner, applicant or by
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.
(e) Applicant shall provide two handicapped accessible computer stations.
(f) Prior to the issuance of any permits, the Applicant shall submit a
revised site plan that delineates the path of travel from the parking
lot to building. This path of travel shall not exceed two percent cross
slope. Existing ramp must be certified in order to meet all accessible
requirements.
(g) Parking lot shall require handicap signage at each entry.
9
(h) Pursuant to Development Code Section 22.42
035,
implement and maintain the following operational dandar
computer services/network gaminq center:
1
Shall provide at least one 1 full-time adult
attendai
supervisor, 21 years of age or older for each 20
nachine
2
he applicant shall maintain a surveillance ca
nera uti
within the store so that the attendant or super
visor on
hall be able to see all computer screens.
3
om uters shall be available for use only betwe
an 2:30
and 12:00 midnight Sunday through Thursday;
and
etv
:30 p.m. arid 2:00 a.m. on Friday and Sa
rday.
Planning Commission has authorized staff to all
Dw an e:
starting time should it be warranted after the bus
iness is
nd operating.
4
inors under 18 years of age) shall not ente
a comf
ervices/network gaming center after 10:00
o.m. ur
ccom anied by a parent or guardian.
5
Hours of operation shall be posted in a cons is
ous plac
6
hall have a waiting area for minimum of eig
t seats.
/vaiting list shall be maintained beyond the seati
g ca aci
he waiting area.
7
here shall be no loitering around an
com
services/network gaming center; applicant sh
all post
Loitering" and curfew signs in front of the busin
ss.
8
Shall maintain the two toilet and lavatory facilitie
s on the
Ian.
9
Shall provide bicycle parking adjacent to the pr
mises.
10
Business unit windows and glass doors
hall re
unobstructed at all times; all entrances and interi
o
areas!
be adequately lighted, and a lighting Ian shall be revi
and approved by the City prior to commencemen of busin
11
Entrance doors shall beequipped with an au
tomati
closing system.
12
Alcohol consumption shall be prohibited.
13
Accessing adult-oriented Internet sites shall b
prohibl
Business owner shall provide filters for the comp
ute
net
to prevent users from accessing adult web site
S.
(15)
Walls separating the computer services/network g
aming
c
from adjoining uses shall comply with the sound ransmi
code rating of at least 45 or employ other noise
attenu
devices as approved by the City.
16
A computer services/network gaming cente
hall no
operated in a detrimental manner i.e., loiteri
g, cre
excessive noise, etc. to adjoining business
s and
communit .
ra
M
of
b
(i) Exterior doors shall swing out.
(j) Restroom, fixture location and dimensions shall be handicapped
accessible.
(k) Employees of the shopping center and computer gaming center shall
utilize parking in the rear of the shopping center.
(1) Applicant shall conform to State and local Building Codes (i.e., 2001
editions of the California. 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.
(m) To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodical
review. If non-compliance with conditions of approval occurs, the
Planning Commission may review the Conditional Use Permit and
additional operational conditions may be added.
(n) This grant is valid for two (2) years and shall be exercised (i.e.,
construction) within that period or this grant shall expire. A one(1)
year extension may be approved when submitted to the City in
writing at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Development Code.
(o) 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 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.
(p) 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
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, t to
Lakeview Village Corporation, 12901 Harbor Bo
Garden Grove, CA 92840 and Jerry Pao 18046
Amargoso Street, Rowland Heights, California
APPROVED AND ADOPTED THIS 25th DAY OF FEBRUARY; PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: Jo Ruzicka, air an
rtified
'C Hol
748.
I, James DeStefano, Planning Commission Secretary, do hereby certify that f
Resolution was duly introduced, passed, and adopted, at a regular meeting o1
Commission held on the 25th day of February, 2003, by the following vote:
AYES: Commissioners V/C Tye, Nelson, Nolan,
NOES: None
ABSENT. None None
ABSTAIN
ATTEST:
irk