HomeMy WebLinkAboutPC 2021-17PLANNING COMMISSION
RESOLUTION NO. 2021=17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING AN AMENDMENT TO MINOR CONDITIONAL USE
PERMIT AND VARIANCE NO. PL2019A22 TO ALLOW HOOKAH SERVICE IN THE
EXISTING 1,007 SQUARE -FOOT NORTH (FRONT) OUTDOOR DINING AREA AT AN
EXISTING RESTAURANT (JASMINE GRILL) LOCATED AT 21130 GOLDEN
SPRINGS DRIVE, DIAMOND BAR, CA (APN 8763-006-022).
A. RECITALS
1. Property owners, Anna. and Gary Malkhasian, and applicant, MHD Marwan
Almannini, have filed an application for an Amendment to Minor Conditional Use
Permit and Variance No. PL2019-122 to allow hookah service in the existing
1,007 square -foot portion of the outdoor dining area located along the north
(front) side of an existing restaurant (Jasmine Grill). The project site is more
specifically described as 21130 Golden Springs Drive, Diamond Bar, Los Angeles
County, California. Hereinafter in this resolution, the subject Amendment to the
Minor Conditional Use Permit and Variance shall collectively be referred to as the
Project" or "Proposed Use."
2. The subject property is comprised of a 0.83-acre parcel. It is located in the
Community Commercial (C-2) zone with a General Plan land use designation of
General Commercial,
3. The legal description of the subject property is Lot 2 of Parcel Map No. 4739 and
the Assessor's Parcel Number is.8163-006-022.
4. On September 17, 2021, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune newspaper. On September 15,
2021, public hearing notices were mailed to property owners within a 500-foot
radius of the Project site and posted at the City's designated community posting
sites. Due to technical difficulties at the September 28, 2021, Regular Planning
Commission Meeting, the Planning Commission tabled the matter so that the
hearing could be rescheduled and renoticed.
5. The Project was re -noticed for a public hearing on Wednesday, October 13,
2021. On October 1, 2021, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune newspaper. On September 30,
2021, public hearing notices were mailed to property owners within a 500-foot
radius of the Project site and posted at the City's designated community posting
sites.
6. On October 13, 2021, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
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 s.et forth
in the Recitals, Part A, of this Resolution are true and correct.
2; The Planning Commission hereby determines the Project to be Categorically
Exempt from the provisions of the California. Environmental Quality Act (CEQA)
pursuant to the provisions of Article 19, Section 15301 (Existing Facilities). of the
CEQA Guidelines. Therefore, no further environmental review is required.
C. r=iivviNGS Or' FnCT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.54 and 22.56, this Planning
Commission hereby finds and approves as follows: .
Minor Conditional Use Permit Review Findings (DBMC Seetion 22.56.040)
The Proposed Use is allowed within the subject zoning district with the approval
of a Minor Conditional Use Permit and complies with all other applicable
provisions of this Development Code and the Municipal Code.
Pursuant to DBMC Section 22.10 —Table 2-6, the outdoor dining area is
permitted in the Community Commercial (C-2), zone with the approval of a Minor
Conditional Use Permit. On December 10, 2019, the Planning Commission
adopted Resolution No. 2019-20 approving'a Variance to allow the reduction of
the distance separation between the outdoor dining area and existing residential
uses to 85 (where 200 feet is required) and a Minor Conditional Use Permit to
allow outdoor dining at an existing restaurant. The applicant is proposing to serve
hookah in the front (north) existing outdoor dining area in conjunction with dining
service.. As conditioned, the Proposed Use complies with all other applicable
provisions of the Municipal Code,
The Proposed Use is consistent with the general plan and any applicable specific
plan.
PC RE50 NO. 2021-17
The project site's land use designation is General Commercial (C). According to
the General Plan, this land use designation provides for regional, freeway -
oriented, and/or community retail and service uses such as restaurants. The
outdoor dining area at the restaurant is considered a service use and as such is
consistent with the General Plan.
The Proposed Use is consistent with General Plan Goal ED-G-3: ("Support the
retention, rehabilitation, and/or. expansion of existing businesses, and the
attraction of new businesses') in that the Proposed Use is an accessory use to
the restaurant and outdoor dining uses and is being. proposed to be located in the
north (front) outdoor dining area of the existing restaurant. .
The Project site is not subject to the provisions of any specific plan:
3. 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 Use will be located within the existing 1,007 square -foot north
(front) outdoor dining area of the -existing 3,871 square -foot restaurant. The north
(front) existing outdoor dining area faces Golden Springs Drive and is situated
away from single-family residences to the south. Furthermore, there will be no
additional visual and privacy impacts generated from the existing outdoor dining
area since there are existing block walls and dense landscaping at the rear of the
property which provides screening for the single-family residential properties to
the south. The existing outdoor dining area is clearly and physically defined by
an existing decorative metal trellis and potted plants to complement the building
exterior. Therefore, the physical appearance of the restaurant and the
surrounding area will be compatible.
Additionally, the operating characteristics will be compatible with the existing
uses of the surrounding area. The existing restaurant operation are Wednesdays
through Monday from 10:30 a.m. to 9:00 p.m. and closed on Tuesdays. There is
no alcohol service provided, and the hookah service will be accessory to the
primary restaurant use. The existing restaurant with outdoor dining complies with
the City's Development Code parking requirement.
Through compliance with the conditions of approval stipulating the manner in
which the use must be conducted, the Proposed Use will be compatible with the
surrounding neighborhood.
4. 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 Proposed Use is physically suitable within the subject site because it is an
ancillary use and will be located in the existing outdoor dining area at the north
(front) of the restaurant. The applicant is not proposing any additional square
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PC RESO NO. 2021-17
footage, expansion of outdoor dining area, and modifications to the building
exterior. In addition, the Proposed Use will be using existing access and parking.
The existing restaurant has 40 on -site parking spaces. The Proposed Use will
not increase the number of required parking and is not expanding the use of the
space.
The Proposed Use is physically suitable at the subject site because it is being
proposed in an existing restaurant's existing outdoor dining area facing Golden
Springs Drive and situated away from single-family residences to the south. The
Proposed Use is ancillary to the primary restaurant use. Given the proposed
hours of operation, parking supply, and the types of adjoining uses, it is
reasonable to conclude that the Proposed Use will be compatible with the other
uses in the neighborhood.
5. Granting the Minor 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.
Prior to the issuance of any City permits, the Project is required to comply with
all conditions of approval within the attached resolution, and the Building and
Safety Division.
6. The proposed Project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The proposed use is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301
(Existing Facilities) of the CEQA Guidelines.
Variance Findings (DBMC Section 22.54.040)
The Use is
hereby determined to be ancillary to
the existing .outdoor dining area. As
such, the
Variance findings
previously made
under Resolution No. 2019-20 are
unaffected
by the Use, remain
fully valid, and are
incorporated herein by reference.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves the Amendment to Minor Conditional Use Permit and Variance No.
PL2019-122 subject to the following conditions:
1. This approval is to allow the existing restaurant to provide hookah service in
conjunction with outdoor dining in the existing 1,007 square -foot outdoor seating
area at the north (front) side of the existing restaurant as described in the
application and plans on file with the Planning Division, the Planning Commission
staff report dated September 28, 2021, and the Planning Commission minutes
pertaining thereto, hereafter referred to as the "Use."
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PC RESO NO. 2021-17
2. The Use shall substantially conform to the approved plans as submitted and
approved by the Planning Commission and on file with the Community
Development Department.
3. This approval shall be valid only for 21130 Golden Springs Drive, as depicted on
the approved plans on file with the Planning Division. If the Use expands or
relocates, the approved Minor Conditional Use Permit shall terminate and a new
Minor Conditional Use Permit, subject to Planning Commission approval. shall be
required for the expanded or new location.
4. If, at any time, the City finds that the Use is the cause of a parking deficiency,
noise nuisance, odor nuisance, or other land use impact, within or beyond the
subject property boundaries, the Community Development Director, after
providing the entitlement holder -a reasonable opportunity to mitigate the
impact(s) to an acceptable level, may refer the matter back to the Planning
Commission to consider amending or revoking this Minor Conditional Use Permit
to address such impacts.
5. No changes to the approved scope �f services comprising the use shall be
permitted unless the applicant first applies for an amendment to this Minor
Conditional Use Permit, pays all application processing fees and receives
approval from the Planning Commission,
6. The restaurant shall maintain the existing hours of operation of Wednesday
through Monday from 10:30 a.m. to 9:00 p.m., unless the applicant submits a
written request to the Community Development Director ("Director'), specifying
the revised hours proposed, and receives written approval from the Director. The
Director shall reserve the discretion to refer the request to the Planning
Commission, and require .the payment of appropriate processing fees, if, in the
opinion of the Director, the proposed expansion of hours has the potential to
create a negative impact to the surrounding properties.
7. The hookah service shall be an accessory use to the restaurant and shall be
located in the north (front) 1,007 square -foot outdoor dining area only.
8. Hookah service shall be permitted only when the kitchen is open and is accepting
food orders for any patrons wishing to place such orders.
9. Hookah shall not be prepared in the food preparation areas.
10. The restaurant shall comply with all applicable state smoking laws and Fire and
Building Code requirements.
11. The serving of alcohol, the playing of amplified music louder than 60 decibels,
and entertainment of any kind is not part of this approval and shall be prohibited.
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PC RESO NO. 2021-17
12. Loitering shall be prohibited.
13. The applicant shall remove all temporary signage and temporary canopy
coverings once the COVID-19 Temporary Sign and Outdoor Dining Policy is
terminated by the City Council.
14. The applicant shall be responsible for maintaining a litter -free area adjacent to
the restaurant premises. Outdoor dining areas shall be cleaned on a continual
basis for removal of litter and food items, which constitute a nuisance to public
health and safety. Outdoor dining areas shall contain waste receptacles for use
by the public and/or restaurant employees.
15. All structures, including the umbrellas in the outdoor dining area, shall be
maintained in a structurally sound, safe manner with a clean, orderly appearance.
Any physical damage or deterioration shall be repaired or replaced as soon as
possible.
16. Prior to the installation of decorative canopy coverings over the existing outdoor
dining areas, the applicant shall first apply for and obtain a building permit from
the Building and Safety Division. The decorative canopy covering material shall
be fire -retardant, durable, and a color compatible with the existing building and
umbrellas. The canopy covering shall be maintained in good repair and
functioning properly at all.times. Repairs to canopy coverings shall be of equal
or better in quality of materials and design as the original canopy covering.
Canopy coverings which are not properly maintained and are dilapidated shall be
deemed to be a public nuisance.
17. All landscaped areas, including the potted plants, shall be permanently
maintained in a neat and orderly manner and free of weeds, debris and dead,
diseased or dying vegetation and broken or defective decorative elements.
18. Lighting fixtures shall be architecturally compatible with the character of the
structure and shall be energy efficient. Fixtures shall be appropriate in height,
intensity, and scale to the restaurant use [Diamond Bar Municipal Code (DBMC)
Section 22.16.050(a)]. Building -mounted decorative lights shall not exceed five
footcandles measured five feet from the light source [DBMC Section
22.16.050(b)],
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 owners, Anna and Gary Malkhasian, 11534 Dellmont Drive,
Tujunga, CA 91042; and applicant, MHD Marwan Almannini,
21130 Golden Springs Drive, Diamond Bar, CA 91789,
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PC RESO NO. 2021-17
APPROVED AND ADOPTED THIS 13TH DAY OF OCTOBER, 2021, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: b 1JrrC4 &Z4° fA
William Rawlings, C airperson
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a special meeting of the Planning
Commission held on the 13th day of October, 2021, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
Barlas, Wolfe, Chair/Rawlings
None
Mok, VC/Garg
None
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AMEND/MCUPA/AR NO. PL2D19-122
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Amendment to Minor Conditional Use Permit and Variance No.
PL2019-122
SUBJECT: To allow hookah service
(front) outdoor dining area
in
the
existing,
1,007 square
moot
north
at
the
existing
restaurant
(Jasmine
Grill)
PROPERTY Anna and Gary Malkhasian
OWNER(S): 11534 Dellmont Drive
Tuiunga, CA 91042
APPLICANT: MHD Marwan Almannini
21130 Golden Springs Drive
Diamond Bar, CA 91789
LOCATION: 21130 Golden Springs Drive
Diamond. Bar, CA 91789
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
The applicant shall defend, indemnify, and hold harmless the City, and its officers,
agents and employees, from any claim, action, or proceeding to attack, set -aside,
void, or annul the approval of Amendment to Minor Conditional Use Permit and
Variance No. PL2019-122 brought within the time period provided by
Government Code Section 66499,37, In the event the city and/or its officers,
agents and employees are made a party of any such action:
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AMENDIMCUPNAR NO. PL2019-122
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorney fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City
defendants. The City shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and owner
of the property involved have filed, within twenty-one (21) days of approval of this
Amendment to Minor Conditional Use Permit and Variance No. PL2019-122 at
the City of Diamond Bar Community Development Department,. their affidavit
stating that they are aware of and agree to accept all the conditions of this
approval. Further, this approval shall not be effective until the applicants pay
remaining City processing fees.
3. The business owners and all designers, architects,,engineers; and contractors
associated with this project shall obtain a Diamond Bar Business License for
those businesses located in Diamond Bar.
4. Prior to any use of the project site or business activity being commenced thereon,
all conditions of approval shall be completed.
5. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
6. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
7. To ensure compliance with all conditions of approval and applicable codes, the
Minor Conditional Use Permit shall be subject to periodic review. If non-
compliance with conditions of approval occurs, the Planning Commission may
review the Minor Conditional Use Permit. The Commission may revoke or modify
the Minor Conditional Use Permit,
8. Property owner/applicant shall remove the public hearing notice board within
three (3) days of this project's approval.
9. The applicant shall comply with the requirements of City Planning, Building and
Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, and Public Works Department) at the established
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PC RESO NO. 2021-17
rates, prior to issuance of building permits, as required by the City. School fees
as required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing fees
prior to issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of the Amendment to Minor Conditional Use Permit and Variance
No. PL2019A22 shall expire within one (1) year -from the date of approval if the
use has not been exercised as defined per DBMC Section 22.66.050 (b)(1). The
applicant may request in writing a one-year time extension subject to DBMC
Section 22.60.050(c) for Planning Commission approval.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: .
The ADA paths of travel shall be maintained at all times with at least 44-inch clear aisle
width and 48-inch ADA walkways and exit paths.
2. The applicant shall remove the unpermitted tarp covering from the decorative metal
trellis structure in the outdoor dining areas. If the applicant chooses to add a decorative
canopy covering over the existing outdoor dining areas, the decorative canopy covering
material shall be fire -retardant, durable, and a color compatible with the existing building
and umbrellas. The addition of a decorative canopy covering over the existing outdoor
dining areas shall be permitted through the Building and Safety Division. The applicant
shall submit verification from a licensed architect or engineer certifying that the
decorative metal trellis is safe for the added load and seating below.
3. Any electrical work or construction shall be permitted through the Building and Safety
Division. All work shall be in conformance to the latest California Building Code series
in effect at the time of application submittal.
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PC RESO NO. 2021-17