HomeMy WebLinkAboutPC 2013-19A RESOLUTION • • ITk.. • , OF 04F DIAMOND
BAR APPROVING CONDITIONAL USE PERMIT PLANNING CASE
NO. PL2013-022 TO UPGRADE AN EXISTING ALCOHOLIC BEVERAGE
CONTROL LICENSE FROM1 AND •. TYPE 21
(GENERAL) FOR OFF-SITE CONSUMPTION IN CONJUNCTION WITH THE
SALE OF MOTOR FUEL AT AN EXISTING SERVICE STATIONICONVENIENCE
STORE LOCATED AT 3302 S. DIAMOND BAR BLVD., DIAMOND BAR, CA
(ASSESSOR'SPARCEL NO. • i, 1 1. 1
1. Property owner, Mahnaz Farsai, and applicant, Ryan Farsai, have filed an
application for Planning Case No. PL2013-022 for a Conditional Use Permit
to upgrade an existing Alcoholic Beverage Control license from Type 20
(Beer and Wine) to Type 21 (General) for off-site consumption in conjunction
with the sale of motor fuel at an existing service station and convenience
store ("Proposed Use"). The location of the proposed use is more
specifically described as 3302 S. Diamond Bar Blvd., Diamond Bar, Los
Angeles County, California ("Project Site").
2. The subject property is located in the Neighborhood Commercial (C-1) zone
and has a General Plan land use designation of Professional Office (OP).
3. On August 16, 2013, public hearing notices were mailed to property owners
within a 500 -foot radius of the project site, and a notice was published in the
Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on
August 16, 2013. The project site was also posted with a notice display
board, and a copy of the public notice was posted at the City's three
designated community posting sites.
4. On August 27, 2013, the Planning Commission held a duly noticed public
hearing on the proposed conditional use permit. All persons wishing to
testify at the public hearing in connection with said conditional use permit
were heard, said conditional use permit were studied, and the Planning
Commission closed said hearing.
5. The documents and materials constituting the administrative record of the
proceedings upon which the City's decision is based are located at the City
of Diamond Bar, Community Development Department, Planning Division,
21825 Copley Drive, Diamond Bar, CA 91765.
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NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1 This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The proposed Conditional Use Permit is exempt as prescribed under
Section 15301 (Existing Facilities) of the CEQA Guidelines. Therefore, no
further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission
hereby finds as follows:
Conditional Use Permit Review Findings (DBMC Section 22.58)
1. 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.
Pursuant to DBMC Section 22.10.030, Table 2-6, alcoholic beverage sales
for off-site consumption in conjunction with the sale of motor fuel is permitted
in the C-1 zoning district with approval of a conditional use permit. 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
neighborhood.
2. The Proposed Use is consistent with the general plan and any applicable
specific plan.
The Proposed Use is consistent with General Plan Strategy 1.3.3:
("Encourage neighborhood serving retail and service commercial uses') in
that the proposed alcohol sales for off-site consumption is considered retail
and as such is consistent with the General Plan.
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 is to upgrade an existing alcoholic beverage license to
include distilled spirits. The addition of distilled spirits at the existing
convenience store will not alter the physical appearance of the existing
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structure, and the interior of the convenience store will not be significantly
modified in any way; there are two new shelving units proposed to
accommodate the distilled spirits. As such, the operational characteristics
are compatible with the existing uses at the site.
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 area.
4. The subject property 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 with the subject site because it will
be located in an existing building and no additional square -footage is being
proposed. In addition, the addition of distilled spirits to the inventory is not
expected to substantially increase the amount of traffic at the service station.
The convenience store is an ancillary use to the service station.
The Project Site is located at an existing AMPM convenience store and
service station. There are no public schools, public playgrounds, parks,
nonprofit youth facilities or hospitals located within 600 feet from the
convenience store. The nearest residence is approximately 325 feet away,
Diamond Bar Evangelical Church is approximately 300 feet away, and
private learning facilities inside a neighborhood commercial center to the
north is approximately 100 feet away measured from property line to property
line. Although the private learning facilities are located in close vicinity, the
proposed conditions of approval will mitigate public safety and security
concerns of this use to nearby residences and businesses.
In addition, the location of the private learning facilities within a commercial
complex significantly reduces compatibility problems. The design of the
complex insulates these private learning facilities from surrounding
businesses. These private learning facilities have adult supervision, and
require adult escort.
5. 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.
The upgrade of an existing alcohol license from beer and wine to include
distilled spirits for off-site consumption in conjunction with the sale of motor
fuel at an existing convenience store will be subject to the licensing
requirements and resolutions of the Department of Alcoholic Beverage
Control, in addition to the conditions set forth in this resolution. In light of
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these facts, the Planning Commission finds that the approval of the
application will not be detrimental to the public health, safety or welfare, or
materially injurious to the properties or improvements in the vicinity.
6. The Proposed Use has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
The proposed project 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. Therefore, no
further environmental review is required.
Based upon the findings and conclusion set forth above, the Planning Commission
approves Conditional Use Permit Planning Case No. PL2013-022, subject to the
following conditions and standard conditions attached hereto and incorporated by
reference:
1. 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.
2. This Conditional Use Permit shall be valid only for 3302 S. Diamond Bar
Blvd., as depicted on the approved plans on file with the Planning Division. If
the Proposed Use moves to a different location or expands space, the
approved Conditional Use Permit shall terminate and a new Conditional Use
Permit, subject to Planning Commission approval shall be required for the
new location. If the Use ceases to operate, the approved Conditional Use
Permit shall expire without further action -by the City.
3. The applicant shall obtain the appropriate permit from the Department of
Alcoholic Beverage Control (ABC) and provide written verification to the City
of said license before commencing the sale of distilled spirits. Applicant shall
be in compliance with all requirements of said licensing agency.
4. The sale of alcohol shall be between the hours of 6:00 a.m. to 2:00 a.m.
5. Applicant shall be responsible to require employees on-site to make
appropriate efforts.to discourage loitering and maintain a litter free area on
the premises. The owner and employees shall call the sheriff department to
ask that they remove loiters who refuse to leave.
6. To ensure compliance with all conditions of approval and applicable codes,
the Conditional Use Permit shall be subject to periodic review. If non-
compliance with conditions of approval occurs, the Conditional Use Permit
may have operational conditions added or revocations of permits may occur
at a Planning Commission hearing.
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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: Ryan Farsai, 23276 S. Pointe Drive #100, Laguna Hills, CA 92653.
APPROVED AND ADOPTED THIS 27TH OF AUGUST, 2013 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
1, 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 27th day
of August, 2013, by the following vote:
AYES: Commissioners:
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Farago, Lin, Shah, V/C Torng
None
None
None
ATTEST:—
Greg Gubman"',�ecretary
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•
2;
PROJECT #: Conditional Use Permit No. PL2013-022
SUBJECT: To upgrade an existing Alcoholic Beverage Control license from
Type 20 (Beer and Wine) to Type 21 (General) for off-site
consumption in conjunction with the sale of motor fuel at an
existing convenience store and service station.
PROPERTY Mahnaz Farsai, 23276 S. Pointe Drive #100, Laguna Hills,
OWNER: CA 92653
APPLICANT: Ryan Farsai, 23276 S. Pointe Drive #100, Laguna Hills, CA 92653
LOCATION: 3302 S. Diamond Bar Blvd., Diamond Bar, CA 91765
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:
•
In accordance with Government Code Section 66474.9(b)(1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and ernployees, from any claim, action, or proceeding to attack, set-aside,
void or annul the approval of Conditional Use Permit No. PL 2013-022
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:
(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 attorneys fees, incur -red in defense of such claims.
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(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 Conditional Use Permit No. PL 2013-022 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, school fees and fees for the review of submitted
reports.
3. The business owners and all designers, architects, engineers, and
contractors associated with this project shall obtain a Diamond Bar Business
License, and zoning approval 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 Conditional Use Permit shall be subject to periodic review. If non-
compliance with conditions of approval occurs, the Planning Commission
may review the Conditional Use Permit. The Commission may revoke or
modify the Conditional Use Permit.
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. Prior to commencing the sale of distilled spirits as set forth under this
Conditional Use Permit, the applicant shall be responsible for ensuring that
all deposit accounts for the processing of this project shall have no deficits.
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C. TIME LIMITS
The approval of Conditional Use Permit No. PL2013-022 shall expire within
two (2) years from the date of approval if the use has not been exercised as
defined per DBMC 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.
D. SITE DEVELOPMENT
1. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, and approved herein by
the Planning Commission, collectively referenced herein as Exhibit A,
including site plan and floor plan on file' with the Planning Division, the
conditions contained herein and Development Code regulations.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
No work shall be required as a result of this approval. Where work is
required, a building permit shall be obtained and any necessary accessibility
upgrades shall be implemented as required per CBC 113413.2.1.
END
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