HomeMy WebLinkAboutPC 2009-13A.
PLANNING COMMISSION REVIEW
RESOLUTION NO. 2009-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING TEMPORARY USE
PERMIT NO. 2009-01 FOR THE REQUEST TO OPERATE A FOUR-DAY
FAMILY FESTIVAL FROM THURSDAY, JULY 23, 2009, THROUGH
SUNDAY, JULY 26, 2009, LOCATED AT 22601 SUNSET CROSSING
ROAD, (APN: 8717-005-005)
RECITALS
Property owner, Diamond Bar Pony Baseball, has filed an application for
Temporary Use Permit No. 2009-01 to allow a four-day family festival from
Thursday, July 23, 2009, through Sunday, July 26, 2009, to take place at
22601 Sunset Crossing Road, Diamond Bar, Los Angeles County,
California. Hereinafter in this resolution, the subject Temporary Use
Permit shall be referred to as the "Application."
2. Public hearing notification was published in the San Gabriel Valley Tribune
and Inland Valley Daily Bulletin newspapers and property owners within a
1,000 -foot radius of the project site were notified of the proposed project
by mail. Further, a public hearing notice display board was posted at the
site, and at three other locations within the project vicinity.
3. On June 23, 2009, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
The 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 project has been reviewed for compliance with the California
Environmental Quality Act (CEQA). Based on that assessment, the City
has determined the project to be Categorically Exempt according to the
provisions of Article 19 Section 15304(e) (minor temporary use of land
having negligible or no permanent effects on the environment, including
carnival) of the State CEQA Guidelines.
3. TEMPORARY USE PERMIT FINDINGS
a. The proposed use is allowed within the subject zoning district with
the approval of a temporary use permit and complies with all other
applicable provision of this development code and the Municipal
Code;
Carnivals are included among the list of permissible temporary
uses in Diamond Bar under section 22.50.030 of the Diamond Bar
Municipal Code.
b. The proposed use is consistent with the general plan and any
applicable specific plan;
The proposed carnival is consistent with the City's adopted General
Plan Objectives 2.3 of the Public Services and Facilities Element,
which states, "(p)romote public and private services and amenities
to the community." The site is not subject to the provisions of any
specific plan.
C. The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses
in the vicinity;
The proposed carnival hours will be as follows:
• Thursday, July, 23, 2009 — 5:00 p.m. to 10:00 p.m.
• Friday, July 24, 2009 — 2:00 p.m. to 10:00 p.m.
• Saturday, July 25, 2009 — 2:00 p.m. to 10:00 p.m.
• Sunday, July 26, 2009 — 2:00 p.m. to 9:00 p.m.
The carnival will include rides, games, community booths, food
booths, a beer garden, and live entertainment. The event will have
onsite and offsite parking for its patrons, security guards, which will
be monitoring the site and beer garden, and on -duty sheriff officials
to ensure the safety of the event.
d. 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 site has four existing baseball fields with ample open space
areas to accommodate the proposed event facilities.
e. Granting the temporary use permit will not be detrimental to the
public interest, health, safety, convenience or welfare, or materially
injurious to persons, property or improvements in the vicinity and
zoning district in which the property is located; and
Before the issuance of any City permits, the applicant is required to
comply with all conditions within the approved resolution, as well as
the requirements of the Los Angeles County Department of Public
Health, Alcoholic Beverage Control, the Los Angeles County
Sheriff's Department, and the Department of Building and Safety
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Planning Commission Resolution No. 2009-13
Division requirements. The referenced agencies, through the
permit and inspection process, will ensure that the proposed
carnival is not detrimental to the public health, safety or welfare or
materially injurious to the properties surrounding the site.
4. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
a. Planning Division
(1) This approval is for a four-day family festival event to be held
at 22601 Sunset Crossing Road, Diamond Bar, CA 91765.
The event shall occur entirely within the property boundaries
of Diamond Bar Little League Baseball, and within the
specified areas depicted on the approved plans included in
these Conditions of Approval as "Exhibit A."
(2) The approved dates and times for the Diamond Bar Family
Festival are as follows:
• Thursday, July 23, 2009 —5 p.m. to 10 p.m.
• Friday, July 24, 2009 —2 p.m. to 10 p.m.
• Saturday, July 25, 2009-2 p.m. to 10 p.m.
• Sunday, July 26, 2009 — 2 p.m. to 9 p.m.
(3) Adequate lighting shall be provided on the premises in all
areas authorized for access by the general public.
(4) The facility shall accommodate 289 onsite parking spaces
for patrons, 37 onsite spaces and for staff and vendors, and
144 spaces along the Sunset Crossing Road median and at
the terminus of Sunset Crossing Road. Two parking
attendants shall be stationed at the main entrance of the site
to direct parking and one attendant shall be stationed in
each field designated for parking. Parking attendants shall
maintain two-way radio communication during operating
hours.
(5) The applicant/owner shall contract with the Los Angeles
County Sheriff's Department to provide personnel to
supervise the event for a minimum of four hours prior to the
closing time of the event for each day, or as otherwise
prescribed by the Sheriff's Department.
(6) The event site shall have a minimum of five security guards
on the premises each day during the hours of operation of
the event.
3
Planning Commission Resolution No 2009-13
(7) The applicant shall be responsible for the cleanup of the site
and the surrounding neighborhood. The public right-of-way
and all neighboring properties shall be regularly monitored,
and maintained free of litter generated by event patrons or
activities related to the event. The applicant shall submit a
refundable deposit of $1,000 to guarantee the cleanup of the
site surrounding neighborhood and public right-of-way after
the conclusion of the event.
(8) The applicant shall be responsible for ascertaining and
complying with all permit requirements of the Los Angeles
County Department of Public Health.
(9) The applicant shall be responsible for ascertaining and
complying with all permit requirements of the Department of
Alcoholic Beverage Control.
(10) Between the hours of 2 p.m. and 8 p.m. sound levels from
public address systems and amplified music shall not
exceed 60 decibels (A -weighted), as measured from the
residential properties surrounding the subject property. No
form of audio amplification shall be in use at any other time.
(11) The sales and consumption of beer and wine shall be
permitted only between the hours of 2:00 p.m. and ninety
(90) minutes prior to closing each night and may only be
consumed under the designated (canopy) area. No other
forms of alcoholic beverages shall be sold or consumed on
the premises.
(12) The applicant/owner shall provide the City with proof that the
event will be covered with $2,000,000 combined single limit
per occurrence minimum general aggregate in liability
insurance, with the City of Diamond Bar named as an
additional issued party. Failure to provide proof of insurance
shall be grounds for the City to revoke approval of the
Temporary Use Permit.
(13) The applicant/owner by utilizing the benefits of this approval
shall thereby agree to defend at its sole expense any action
against the City, its agents, officers, and employees because
of the issues of such approval. In addition, the
applicant/owner shall reimburse the City, et al, for any court
costs and attorney fees which the City, et al, may be.
required to pay as a result of such actions. The City may at
its sole discretion participate at its own expense in the
defense of any such action, but such participation shall not
relieve the applicant/owner of its obligation hereunder.
4
Planning Commission Resolution No. 2009-13
(14) Any set-up activities performed by the carnival operator, or
others associated with the operation of this event, may not
occur before the hour of 7:00 a.m. nor later than 7:00 p.m.
Tear -down activities shall not commence prior to 7:00 a.m.
on Monday, July 27, 2009.
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 the property owner/applicant: Diamond Bar Pony Baseball,
PO Box 4113, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 23rd DAY OF JUNE 2009, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: =
To orng, Chairman
I, Greg Gubman, 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
23`d day of June 2009, by the following vote:
AYES: Commissioners: Nolan, Shah, Lee, Chair/Torng
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: Nelson
ATTEST: , A%W
Greg Gubm n, Secretary
5
Planning Commission Resolution No. 2009-13
PLANNING COMMISSION REVIEW
RESOLUTION NO. 2009-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING TEMPORARY USE
PERMIT NO. 2009-01 FOR THE REQUEST TO OPERATE A FOUR-DAY FAMILY FESTIVAL FROM THURSDAY, JULY 23, 2009,
THROUGH SUNDAY, JULY 26, 2009, LOCATED AT 22601 SUNSET CROSSING ROAD, (APN: 8717-005-005)
A. RECITALS
1. Property owner, Diamond Bar Pony Baseball, has filed an application for Temporary Use Permit No. 2009-01 to allow a
four-day family festival from Thursday, July 23, 2009, through Sunday, July 26, 2009, to take place at 22601 Sunset Crossing Road,
Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Temporary Use Permit shall be referred to
as the "Application."
2. Public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers
and property owners within a 1,000-foot radius of the project site were notified of the proposed project by mail. Further, a public
hearing notice display board was posted at the site, and at three other locations within the project vicinity.
3. On June 23, 2009, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public
hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows:
1. The 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 project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that
assessment, the City has determined the project to be Categorically Exempt according to the provisions of Article 19 Section
15304(e) (minor temporary use of land having negligible or no permanent effects on the environment, including carnival) of the
State CEQA Guidelines.
3. TEMPORARY USE PERMIT FINDINGS
a. The proposed use is allowed within the subject zoning district with
the approval of a temporary use permit and complies with all other
applicable provision of this development code and the Municipal
Code;
Carnivals are included among the list of permissible temporary uses in Diamond Bar under section 22.50.030 of the Diamond Bar
Municipal Code.
b. The proposed use is consistent with the general plan and any applicable specific plan;
The proposed carnival is consistent with the City's adopted General Plan Objectives 2.3 of the Public Services and Facilities Element,
which states, "(p)romote public and private services and amenities to the community." The site is not subject to the provisions of
any specific plan.
C. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future
land uses in the vicinity;
The proposed carnival hours will be as follows:
• Thursday, July, 23, 2009 — 5:00 p.m. to 10:00 p.m.
• Friday, July 24, 2009 — 2:00 p.m. to 10:00 p.m.
• Saturday, July 25, 2009 — 2:00 p.m. to 10:00 p.m.
• Sunday, July 26, 2009 — 2:00 p.m. to 9:00 p.m.
The carnival will include rides, games, community booths, food booths, a beer garden, and live entertainment. The event will have
onsite and offsite parking for its patrons, security guards, which will be monitoring the site and beer garden, and on -duty sheriff
officials to ensure the safety of the event.
d. 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 site has four existing baseball fields with ample open space areas to accommodate the proposed event facilities.
e. Granting the temporary use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or
materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and
Before the issuance of any City permits, the applicant is required to comply with all conditions within the approved resolution, as
well as the requirements of the Los Angeles County Department of Public Health, Alcoholic Beverage Control, the Los Angeles
County Sheriffs Department, and the Department of Building and Safety
2
Planning Commission Resolution No. 2009-13
Division requirements. The referenced agencies, through the permit and inspection process, will ensure that the proposed carnival is
not detrimental to the public health, safety or welfare or materially injurious to the properties surrounding the site.
4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the
following conditions:
a. Planning Division
(1) This approval is for a four-day family festival event to be held at 22601 Sunset Crossing Road, Diamond Bar, CA 91765.
The event shall occur entirely within the property boundaries of Diamond Bar Little League Baseball, and within the specified areas
depicted on the approved plans included in these Conditions of Approval as "Exhibit A."
(2) The approved dates and times for the Diamond Bar Family Festival are as follows:
• Thursday, July 23, 2009 — 5 p.m. to 10 p.m.
• Friday, July 24, 2009 — 2 p.m. to 10 p.m.
• Saturday, July 25, 2009 — 2 p.m. to 10 p.m.
• Sunday, July 26, 2009 — 2 p.m. to 9 p.m.
(3) Adequate lighting shall be provided on the premises in all areas authorized for access by the general public.
(4) The facility shall accommodate 289 onsite parking spaces for patrons, 37 onsite spaces and for staff and vendors, and
144 spaces along the Sunset Crossing Road median and at the terminus of Sunset Crossing Road. Two parking attendants shall be
stationed at the main entrance of the site to direct parking and one attendant shall be stationed in each field designated for
parking. Parking attendants shall maintain two-way radio communication during operating hours.
(5) The applicant/owner shall contract with the Los Angeles County Sheriffs Department to provide personnel to supervise
the event for a minimum of four hours prior to the closing time of the event for each day, or as otherwise prescribed by the
Sheriff's Department.
(6) The event site shall have a minimum of five security guards on the premises each day during the hours of operation of
the event.
3
Planning Commission Resolution No 2009-13
(7) The applicant shall be responsible for the cleanup of the site and the surrounding neighborhood. The public right-of-way
and all neighboring properties shall be regularly monitored, and maintained free of litter generated by event patrons or activities
related to the event. The applicant shall submit a refundable deposit of $1,000 to guarantee the cleanup of the site surrounding
neighborhood and public right-of-way after the conclusion of the event.
(8) The applicant shall be responsible for ascertaining and complying with all permit requirements of the Los Angeles County
Department of Public Health.
(9) The applicant shall be responsible for ascertaining and complying with all permit requirements of the Department of
Alcoholic Beverage Control.
(10) Between the hours of 2 p.m. and 8 p.m. sound levels from public address systems and amplified music shall not exceed 60
decibels (A -weighted), as measured from the residential properties surrounding the subject property. No form of audio amplification
shall be in use at any other time.
(11) The sales and consumption of beer and wine shall be permitted only between the hours of 2:00 p.m. and ninety (90) minutes
prior to closing each night and may only be consumed under the designated (canopy) area. No other forms of alcoholic beverages
shall be sold or consumed on the premises.
(12) The applicant/owner shall provide the City with proof that the event will be covered with $2,000,000 combined single limit per
occurrence minimum general aggregate in liability insurance, with the City of Diamond Bar named as an additional issued party.
Failure to provide proof of insurance shall be grounds for the City to revoke approval of the Temporary Use Permit.
(13) The applicant/owner by utilizing the benefits of this approval shall thereby agree to defend at its sole expense any action
against the City, its agents, officers, and employees because of the issues of such approval. In addition, the applicant/owner shall
reimburse the City, et al, for any court costs and attorney fees which the City, et al, may be . required to pay as a result of such
actions. The City may at its sole discretion participate at its own expense in the defense of any such action, but such participation
shall not relieve the applicant/owner of its obligation hereunder.
4
Planning Commission Resolution No. 2009-13
(14) Any set-up activities performed by the carnival operator, or others associated with the operation of this event, may not occur
before the hour of 7:00 a.m. nor later than 7:00 p.m. Tear -down activities shall not commence prior to 7:00 a.m. on Monday, July
27, 2009.
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 the property owner/applicant: Diamond Bar
Pony Baseball, PO Box 4113, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 23rd DAY OF JUNE 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
To orng, Chairman
I, Greg Gubman, 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 23rd
day of June 2009, by the following vote:
AYES: Commissioners: Nolan, Shah, Lee, Chair/Torng
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: Nelson
ATTEST:
Greg Gubm n, Secretary
5
Planning Commission Resolution No. 2009-13
