HomeMy WebLinkAboutPC 2023-07PLANNING COMMISSION
RESOLUTION NO. 2023=07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, FINDING THAT THE ISSUANCE OF A CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 21 "OFF -
SALE GENERAL" LICENSE FOR A NEW ALCOHOLIC BEVERAGE RETAIL
STORE ("FENG FINE WINE & SPIRITS") LOCATED AT 1155 SOUTH DIAMOND
BAR BOULEVARD, SUITE H, DIAMOND BAR, CA 91765 ("PREMISES")
WOULD SERVE THE PUBLIC CONVENIENCE OR NECESSITY.
A. RECITALS
1. Feng Fine Wine &Spirits ("Applicant") submitted an application to ABC for a
Type 21 (Off -Sale General) license to operate an alcoholic beverage retail
store from the Premises. A Type 21 license authorizes the sale of packaged
beer, wine and distilled spirits for offsite consumption.
2. ABC regulates the distribution of alcoholic beverages by setting limits on the
different types of licenses issued in each census tract. California Business and
Professions Code ("BPC") Section 23958.4(a) defines "undue concentration"
as a situation wherein the proposed premises for an ABC off -sale license is
located in an area where any of the following conditions exist:
a) The premises is located in a crime reporting district that has a 20 percent
greater number of reported crimes, as defined in subdivision (c), than the
average number of reported crimes as determined from all crime
reporting districts within the jurisdiction of the local law enforcement
agency.
b) The ratio of off -sale retail licenses to population in the census tract or
census division in which the applicant premises is located exceeds the
ratio of off -sale retail licenses to population in the county in which the
applicant premises is located.
3. BPC Sections 23958 et seq. set forth provisions for the issuance of ABC
licenses in locations subject to undue concentration if the local governing body
determines that public convenience or necessity would be served by such
issuance ("PCN finding").
4. On January 17, 2006, the City Council adopted Resolution No.2006-04,
delegating the authority to the Planning Commission to determine whether a
PCN finding can be made to warrant the issuance of ABC licenses.
5. The issuance of the requested license would result in undue concentration in
that the Premises is located within a crime reporting district that has a
20 percent or greater number of reported crimes than the average as
prescribed under BPC Section 23958.4(a).
6. On May 9, 2023, the Planning Commission considered the applicant's request
for a PCN finding prior to the adoption of this Resolution.
B. RESOLUTION
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 Planning Commission hereby finds that the finding of public convenience
or necessity and subsequent issuance of the ABC license 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. The Premises from which the ABC license would
authorize the sale of alcoholic beverages, is an existing tenant suite. No
modifications are proposed to the suite, other than interior tenant
improvements. Therefore, no further environmental review is required;
3. Based on the facts and conclusions set forth herein, the Planning Commission
hereby finds as follows:
a) The Premises is located within the C-3 zoning district, where the sale of
alcoholic beverage for offsite consumption is a permitted use.
b) The Premises is located within the Los Angeles County Law
Enforcement Reporting District 2922. Diamond Bar is nationally
recognized for being one of the safest cities in the country. The Los
Angeles County Sheriff's Department (LASD) Diamond Bar/Walnut
Station has confirmed that Reporting District 2922 is not a "high crime"
area by any metric used by the LASD. Moreover, the census
tract/reporting district encompasses more than 550 acres and is
bounded by Grand Avenue, the 57/60 Freeway and Diamond Bar
Boulevard, is characterized by high traffic counts, and reaches into the
City's busiest commercial areas. The number of "reported crimes" (a
broad category) is already relatively low, especially given the reporting
district's geographic characteristics, so a 20 percent increase above the
average is in reality a small number.
c) A total of 14 ABC Type 21 licenses have been issued to retail businesses
throughout Diamond Bar, including three located in nearby commercial
shopping centers at the intersection of Grand Avenue and Diamond Bar
Boulevard. These include two supermarkets (Albertsons and Walmart
Neighborhood Market), and specialty retailer Mike's Tobacco & Liquor.
There are no alcoholic beverage retailers within the commercial
shopping center where Feng Fine Wine & Spirits is proposing to locate.
Denial of the requested ABC Type 21 license would: 1) place the
commercial center at a competitive disadvantage with nearby
2 PC Resolution No. 2023-07
commercial centers at the corner of Grand Avenue and Diamond Bar
Boulevard; 2) limit pricing and selection comparison opportunities for
Diamond Bar residents; and 3) be inconvenient for Diamond Bar
residents who choose to shop at stores within the subject commercial
center, but then must drive to another commercial center for alcoholic
beverage purchases.
d) ABC will impose and monitor compliance with conditions of licensure as
it does with any other ABC license. Adherence to ABC's conditions of
licensure will safeguard the community from the potential negative
effects of consumption of alcoholic beverages.
4. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application.
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, Diamond Bar Town Center, LLC, 6621 E. Pacific Coast
Hwy #270, Long Beach, CA 90803, and applicant, Jianna Feng,
1917 Denton Avenue, Apt B, San Gabriel, CA 91776,
APPROVED AND ADOPTED THIS 9TH DAY OF MAY 2023, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
William Rawlings, C airperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 9th day of May 2023, by the following vote:
AYES: Commissioners: garlas, Garg, VC/Torres, Chair/Rawlings
NOES: Commissioners: None
ABSENT: Commissioners: Wolfe
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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