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HomeMy WebLinkAboutRES 2025-10PLANNING COMMISSION RESOLUTION NO. 2025-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2024-76 TO OPERATE A 6,000 SQUARE -FOOT BANQUET HALL AT 334 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CA (APN 8281-010-062). A. RECITALS Property owner, 300 South Diamond Bar Blvd LLC, and applicant, Vincent Whitley for Blank Canvas South, have filed an application for Conditional Use Permit No. PL2024-76 to operate a 6,000 square -foot banquet hall to host private weddings, birthday celebrations, baby showers, workshops, and networking events, for Blank Canvas South LLC, within an existing building. The project site is more specifically described as 334 S. Diamond Bar Boulevard, Los Angeles County, California. Hereinafter in this resolution, the subject Conditional Use Permit shall collectively be referred to as the "Project" or "Proposed Use." 2. The Project Site is made up of one parcel totaling 0.71 acres. It is located in the Regional Commercial (C-3) zone with an underlying General Plan land use designation of Town Center Mixed Use (MU-TC). 3. The legal description of the subject property is Lot 3 of Parcel Map No. 373-53- 56, The Assessor's Parcel Number (APN) is 8281-010-062. 4. On April 11, 2025, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. On April 11, 2025, public hearing notices were mailed to property owners within a 700-foot radius of the Project site and posted at the City's designated community posting sites. On April 22, 2025, 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 set 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(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Therefore, no further environmental review is required. CO FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar City Code (DBCC) Section 22.58, the Planning Commission hereby finds and approves as follows: Conditional Use Permit Review Findings (DBCC 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 City Code. Pursuant to DBCC Section 22.90.030I Table 2-6, banquet halls are permitted in the C-3 zoning district with approval of a conditional use permit. The Proposed Use will be located within an existing building located in a multi -tenant commercial center. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with neighboring uses within the building and surrounding neighborhood. 2. The Proposed Use is consistent with the general plan and any applicable specific 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 a new business locating within an existing building that is underutilized. 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 occupy a 6,000 square -foot vacant tenant space within a 106,393-square400t, multi -tenant commercial center. The Proposed Use complies with the City's Development Code parking requirements, and the parking demand generated by the Proposed Use is not likely to exceed the number of on -premise parking spaces available to serve the Proposed Use at any given time. The Proposed Use will hold most events on Fridays, Saturdays and Sundays from 3:00 p.m. to 11:00 p.m. The site is surrounded by commercial shopping centers to the north and west, a gas station with auto service to the south, and parking lot for a medical office building to the east. A banquet hall would provide hospitality services for nearby residents. Given the proposed hours of operation, the availability of parking, and types of adjoining uses, it is reasonable to conclude that the Proposed Use will be compatible with the other uses within the shopping center and surrounding area. 2 PC Reso No. 2025-10 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 will be located in an existing vacant tenant space within an existing multi -tenant commercial center, and no additional square footage is being proposed. In addition, the Proposed Use will be using existing access and parking. The commercial center provides 419 on -site parking spaces. The parking required for the current palette of uses minus the Proposed Use is 335 spaces. The Proposed Use requires 35 spaces based on Development Code requirements. The total off-street parking requirement for the center would thus be 370 spaces, leaving a surplus of 49 spaces. The traffic engineer estimates that the peak parking demand, including the Proposed Use, occurred on Friday at 4:00 p.m., with 169 parking spaces in use. With a total parking supply of 419 spaces, this results in a surplus of 250 spaces during the Friday peak hour. On Saturday, peak parking demand was forecast at 157 spaces at 4:00 p.m., leaving a surplus of 262 spaces under this scenario. Therefore, the parking supply of 419 spaces will adequately accommodate the center's weekday and weekend shared parking demand for all existing and future uses across morning, midday, afternoon and evening hours. The surpluses identified in the blended survey and shared results indicate sufficient parking availability even at full center occupancy with the proposed use. The Proposed Use is physically suitable at the subject site. 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. Prior to the issuance of any city permits, the Project is required to comply with all conditions of approval within the attached resolution, Building and Safety Division, and L.A. County Fire Department, 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(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2024-76, subject to the following conditions: 3 PC Reso No. 2025-10 1. This approval is for the operation of a 6,000 square -foot banquet hall within an existing building, as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2024-76 dated April 22, 2025, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use." 2. The banquet facility shall operate exclusively as a venue for private, invitation - only events such as weddings, birthday celebrations, baby showers, workshops, and professional networking functions. The hosting of any event that resembles or functions as a rave, pop-up nightclub, warehouse party, or similar high - occupancy entertainment gathering is strictly prohibited. This includes, but is not limited to, events that: Are advertised to the general public through social media, flyers, or online platforms; Involve amplified music intended for dancing beyond the scope of private celebrations; Extend past 11:00 p.m. without prior written approval from the City; Charge general admission at the door or promote open access to non -invited guests; or Are promoted using phrases such as "secret location," "DM for address," or other language typical of unregulated pop-up nightlife events. The applicant shall maintain a reservation log including event type, client name, number of attendees, and hours of operation, which shall be made available for inspection by City staff upon request. Violation of this condition may result in immediate enforcement action, including but not limited to citation, suspension, or revocation of the Conditional Use Permit. For the purposes of these Conditions of Approval, the term "applicant" shall refer to the original applicant who applied for and received approval of the subject Conditional Use Permit, any individual or entity authorized by the applicant to implement or comply with these conditions, and any successor in interest to the permit. 3. 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, 4, This Conditional Use Permit shall be valid only for 334 S. Diamond Bar Blvd., as depicted on the approved plans on file with the Planning Division. Prior to relocating or expanding the Use into other tenant spaces, the applicant shall first apply for and receive approval of an amended Conditional Use Permit. 5. No changes to the approved scope of services comprising the Use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the 4 PC Reso No. 2025-10 Planning Commission, except that the Community Development Director may administratively approve minor modifications to the use if it is determined. 6. If, at any time, the City finds that the Use is the cause of a parking deficiency, noise 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 Conditional Use Permit to address such impacts. If the impacts are considered minor as determined by the Community Development Director, modifications required to mitigate the impact(s) may be reviewed administratively. 7. The maximum number of attendees shall not exceed 125 and 18 staff members/vendors per event. 8. The facility shall be in full compliance with Chapter 22.28 (noise control) for the subject zoning district [DBCC Section 22.42.040 (2)(c)]. 9. The facility shall abide by the City's live entertainment regulations pursuant to DBCC Section 22,42,075. 10. The facility shall not book a banquet, party or reception involving live entertainment for the same person or organization more than once in any 90-day period [DBCC Section 22.42.075 (b)]. 11. All outside vendors shall obtain a City business license City prior to conducting any business activities related to the Use. 12. The applicant and persons booking the subject premises shall obtain any and all necessary approvals, permits and licenses from the L.A. County Department of Public Health and the California Department of Alcoholic Beverage Control to serve food and alcohol at events. 13. Prior to the installation of signs that are permissible pursuant to DBCC Chapter 22.36, the applicant shall apply for and obtain all required sign, electrical and building permits. 14. Prior to issuance of a final Certificate of Occupancy, the business operator shall submit a business license application to the Planning Division. 15. Prior to issuance of a final Certificate of Occupancy, the applicant shall install drought -tolerant, living plants in the landscape planters adjacent to the building and adjacent to the nearest driveway, and shall thereafter maintain the plantings in a healthy condition and trim excess growth. 16. Prior to issuance of a final Certificate of Occupancy, the applicant shall remove the flood lights that currently exist at the top of the building. 17. Prior to issuance of a final Certificate of Occupancy, the applicant shall repaint the north, east, and south elevations to match the color scheme on the front 5 PC Reso No. 2025-10 (west) elevation of the subject building. 18. Prior to issuance of a final Certificate of Occupancy, the applicant shall implement a Parking Management Plan with the landlord to establish employee parking and short-term parking in Zone A, as referenced in the parking study, dated March 24, 2025. 19. Parking areas shall be kept and maintained so as not to detract from the appearance of adjacent properties and to protect the health, safety and welfare of the user, occupant and general public. Areas shall be kept in a neat and clean condition, free of trash, debris or rubbish, and free of potholes, sinkholes, standing water, cracks and/or broken areas. Parking space and pavement striping and signs shall be repainted, refurbished and/or replaced when they become faded, damaged or destroyed to an extent that they are no longer effective. Parking areas shall be periodically resurfaced or sealed to minimize seepage of water into the ground below [DBCC Section 22.34.050 (g)]. 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, 300 South Diamond Bar Blvd LLC, 800 West 6th Street Suite 600, Los Angeles, CA 90017; and applicant, Vincent Whitley for Blank Canvas South, 4497 Hidden Stone Ave., Las Vegas, NV 89141 APPROVED AND ADOPTED THIS 22ND DAY OF APRIL, 2025, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By. i Naila Barlas, Chairperson 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 22nd day of April, 2025, by the following vote: AYES: 5 Commissioners: Mehta, Rawlings, Torres, V/C Worthington, C/Barlas NOES: 0 Commissioners: None ABSENT: 0 Commissioners: None ABSTAIN: 0 Commissioners: None ATTEST: Greg Gubman, Secretary 6 PC Reso No. 2025-10 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2024-76 SUBJECT: To operate a 6,000 square -foot banquet hall to host private weddings, birthday celebrationss baby showers workshops and networking events within an existing building PROPERTY 300 South Diamond Bar Blvd LLC OWNER(S): 800 West 6th Street Suite 600 Los Angeles, CA 90017 APPLICANT: Vincent Whitley for Blank Canvas South 4497 Hidden Stone Ave. Las Vegas, NV 89141 LOCATION: 334 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) 839-70301 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 Conditional Use Permit No. PL2024-76 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: PC Reso No. 2025-10 (a) Applicant shall provide a defense to the City defendants or at the City 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: (a) The applicant and property owner have each filed with the Community Development Department an affidavit stating that they are aware of and agree to accept all of the conditions of approval contained herein; and (b) All remaining application processing fees have been paid in full. 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. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. 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. 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 Planning Commission may review the Conditional Use Permit, The Commission may revoke or modify the Conditional Use Permit. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established 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. PC Reso No. 2025-10 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit No. PL2024-76 shall expire within one (1) year from the date of approval if the use has not been exercised as defined pursuant to DBCC Section 22.66.050 (b)(1). The applicant may request in writing a one-year time extension subject to DBCC Section 22.66.050(c) for Planning Commission review and approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Conditions: 1. Plans and construction shall conform to current State and Local Building Code (i.e. 2022 California Building Code series will apply) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of permit issuance. 2. Implementation of the CAL Green Code shall be reflected on the plans, and certification shall be by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current CAL Green Code, Plan Check — Items to be addressed prior to plan approval: 3. An allowable area analysis shall be provided on the plans per CBC 506. The allowable area shall include clear indication that the existing demising wall is a two-hour fire wall/area separation wall. 4. Upgrades for disabled access shall be made that are retroactive in accordance with CBC 11 B-202. These improvements will include design to ensure the accessible path of travel has an accessible slope with 5% in the path of travel and 2% cross -slope. 5. The applicant shall ensure that any plumbing, mechanical, or electrical work proposed shall be shown on plans with separate plumbing, mechanical, and electrical plans as they apply. 6. The following statement shall be included on the plans: "Separate permits shall be required for all building and ground -mounted signs". 7. An exit analysis shall be provided during plan check, showing occupant load for each space, exit width, exit signs, etc. 8. Number of plumbing fixtures shall be in compliance with CPC T-422. An analysis 9 PC Reso No. 2025-10 shall be provided on the plan for plan check. 9. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 140.6 to 140.9. 10. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square footage b. Each building height c. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior wall construction/ opening protection 11. Fire Department approval shall be required. Fire Department approval is required for the conversion to an assembly occupancy. 12. CAL Green measures shall be indicated on plans Permit —Items required prior to building permit issuance: 13. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar City Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 14. The applicant shall be responsible for LA County Health and Industrial Waste clearances as applicable. Where not required, clear notes shall be provided to ensure that no food is prepared or sold at the facility. 15. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 16. All workers on the job shall be covered by workers' compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. Construction —Conditions required during construction: 17. Occupancy of the facilities shall not commence until all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 10 PC Reso No. 2025-10 18. Every permit issued by the Building Official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one year after permit issuance, and if a successful inspection has not been obtained from the building official within one -hundred -eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6, 19. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 20. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 21. The project shall be protected by a construction fence to the satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand bags, etc.). All fencing shall be view obstructing with opaque surfaces. 22. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 23. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 24. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 25. All plumbing fixtures, including those in existing areas, shall be low -flow models consistent with California Civil Code Section 1101.1 to 1101.8. 26. An occupant load sign shall be provided at the main entrance of the facility. The occupant load shall remain less than 300 at all times. END 11 PC Resa No. 2025-10