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HomeMy WebLinkAboutPC 2013-05�, Y"'�'.,� �: is ' •," �� •' • Y:•.•..,•. Y •I i Y 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 AMPM mini -mart and Arco service station. The project site 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 February 15, 2013, public hearing notices were mailed to property owners within a 500 -foot radius of the project site, and a notice of at least 1/8 page display was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on February 15, 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 February 26, 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. 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. 3. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Conditional Use Permit Planning Case No. PL 2013--022. 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 and recommends approval 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. 2 Planning Commission Resolution No 2013-03 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 AMPM mini -mart will not alter the physical appearance of the existing structure, and the interior of the mini -mart 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 mini -mart is an ancillary use to the service station. The Project Site is located at an existing AMPM mini -mart and Arco service station. There are no public schools, public playgrounds, parks, nonprofit youth facilities or hospitals located within 600 feet from the AMPM mini -mart. 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, 3 Planning Commission Resolution No. 2013-03 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 AMPM mini -mart 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 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 hereby recommends approval to the City Council of 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 not go into effect unless Development Code Amendment No. PL2013-022 is adopted and goes into effect. 3. 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. 4 Planning Commission Resolution No 2013-03 4. 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. 5. The sale of alcohol shall be between the hours of 6:00 a.m. to 2:00 a.m. 6. 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. 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 Conditional Use Permit may have operational conditions added or revocations of permits may occur at a Planning Commission hearing. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADOPTED THIS 26TH OF FEBRUARY, 2013 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Jimm in, Cha man 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 26th day of February, 2013, by the following vote: AYES: Commissioners: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 5 Planning Commission Resolution No 2013-03 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 AMPM mini -mart and Arco 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 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 employees, 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, incurred in defense of such claims. 6 Planning Commission Resolution No 2013-03 (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. 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. 7 Planning Commission Resolution No 2013-03 Q A 1. 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. 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. MOIR 1. No work shall be required as a result of this approval. required, a building permit shall be obtained and accessibility upgrades shall be implemented as CBC 1134B.2.1. MIC Where work is any necessary required per 8 Planning Commission Resolution No 2013-03