HomeMy WebLinkAboutRES 2025-07ADMINISTRATIVE REVIEW
RESOLUTION NO. 2025-07
A RESOLUTION OF THE HEARING OFFICER OF THE CITY OF DIAMOND BAR
APPROVING MINOR CONDITIONAL USE PERMIT NO. PL2024-86 FOR A
REQUEST TO ALLOW THE SALE OF BEER AND WINE FOR OWSITE
CONSUMPTION AT A 3,000 SQUARE -FOOT RESTAURANT, CHAN KEE,
LOCATED AT 20627 GOLDEN SPRINGS DRIVE SUITES 1 E-G, DIAMOND BAR,
CA 91789 (APN 8762-034-024).
A. RECITALS
1. The property owner, Justin Kim, and applicant, Cecilia Chan for Chan Kee
LLC, have filed an application for a Minor Conditional Use Permit
No. PL2024-86 for the sale of beer and wine in conjunction with a 3,000
square -foot restaurant, Chan Kee LLC, located within an existing 38,884
square -foot, multi -tenant shopping center located at 20627 Golden Springs
Drive Suites 1 E-G, Diamond Bar, County of Los Angeles, California.
Hereinafter in this Resolution, the subject Minor Conditional Use Permit
shall collectively be referred to as the "Project."
2. The subject property is located in the Community Commercial (C-2) zone
and has a General Plan land use designation of General Commercial (C).
3. On February 14, 2025, public hearing notices were mailed to property
owners within a 700-foot radius of the project site. The notice was submitted
to the San Gabriel Valley Tribune newspaper for publication on February
14, 2025. A notice display board was posted at the site, and copies of the
notice were posted at the City's designated community posting sites.
4. On February 27, 2025, the Hearing Officer of the City of Diamond Bar
conducted and concluded a duly noticed public hearing, solicited testimony
from all interested individuals, and concluded the hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Hearing Officer
oI the City of Diamond Bar as follows:
1. The Hearing Officer hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Resolution are true and correct.
2. The project has been reviewed for compliance with the California
Environmental Quality Act (CEQA). Based on that assessment, the City
has determined the project to be Categorically Exempt according to the
C.
provisions of Article 19 Section 15301 (Operation of existing facilities
involving negligible or no expansion of an existing use) of the CEQA
Guidelines. Therefore, no further environmental review is required.
FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar City Code (DBCC) Section 22.56, this Hearing Officer hereby finds
as follows:
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 DBCC Section 22.10.030 —Table 2-6, the proposed sale of on -
site consumption of alcoholic beverages is permitted in the Community
Commercial (C-2) zone with the approval of a Minor Conditional Use Permit.
As conditioned, the proposed sale and on -site consumption of alcoholic
beverages in conjunction with a restaurant complies with all other applicable
provisions of the City Code.
2. The proposed use is consistent with the general plan and any applicable
specific plan.
The project site's land use designation is General Commercial (C).
According to the General Plan, this land use designation allows fora mix of
uses with an emphasis on commercial, office, and light industrial. The
proposed sale of on -site consumption of beer and wine at the restaurant is
considered a commercial use and as such is consistent with the General
Plan. There is no applicable specific plan for the project site.
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 sale of on -site consumption of beer and wine in conjunction with a
restaurant will not alter the physical appearance of the existing commercial
center. The sale of on -site consumption of alcoholic beverages is ancillary
to the restaurant use. Alcoholic beverages will only be sold in connection
with dining and in compliance with the State Department of Alcoholic
Beverage Control. Entertainment of any kind will not be permitted.
Therefore, the operating characteristics will be compatible with the existing
and future uses within the commercial center and surrounding area as
conditioned through the Minor Conditional Use Permit.
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 availability of alcoholic beverages will be restricted to on -site
consumption for restaurant patrons only. Since the restaurant use has
2
Administrative Review Resolution No. 2025-07
already been approved, it has been determined that the commercial center
is physically suited to accommodate this use. Therefore, the sale of on -site
consumption of beer and wine served with breakfast, lunch, or dinner will
not intensify the use.
5. Granting the Minor Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience or welfare, or materially injurious
to persons, property or improvements in the vicinity and zoning district in
which the property is located.
The proposed sale of beer and wine for on -site consumption in conjunction
with the restaurant use 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 Hearing
Officer finds that 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 project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from fhe provisions of CEQA
as set forth under Article 19, Section 15301 under CEQA Guidelines
(operation of existing facilities involving negligible or no expansion of an
existing use). Therefore, no further environmental review is required.
Based upon the findings and conclusion set forth above, the Hearing Officer hereby
approves this Application subject to the following conditions and standard conditions
attached hereto and incorporated by reference:
(1) 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 on -site consumption of
alcoholic beverages. Applicant shall be in compliance with all requirements
of said licensing agency.
(2) Alcohol may only be served inside the restaurant. The sale of beer and
wine shall only take place when the kitchen is open and the full menu is
available for ordering. For the purposes of this condition, the service of
meals shall be as defined by Section 23038 of the State of California
Business and Professions Code ("bona fide public eating place").
(3) Entertainment of any kind is not part of this approval and shall be prohibited.
(4) Applicant shall be responsible for maintaining a litter free area adjacent to
the restaurant premises.
(5) Loitering shall be prohibited.
(6) To ensure compliance with all conditions of approval and applicable codes,
3
Administrative Review Resolution No. 2025-07
the Minor Conditional Use Permit shall be subject to periodic review. If non-
compliance with conditions of approval occurs, the Minor Conditional Use
Permit may have operational conditions added or revocation of permits may
occur at an Administrative Review public hearing.
The Hearing Officer shall:
aI Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail
to: Justin Kim, 3055 Wilshire Boulevard Suite 405, Los Angeles, CA
90010; and Chan Kee LLC, 20627 Golden Springs Drive Suites 1 E-
G, Diamond Bar, CA 91789,
APPROVED AND ADOPTED THIS 27th DAY OF FEBRUARY, 2025, BY THE HEARING
OFFICER OF THE CITY OF DIAMOND BAR,
I, Greg Gubman, Hearing Officer for the City of Diamond Bar do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted, at an Administrative
Review meeting held on the 27th day of February, 2025.
By:
Greg Gubman
Community Development Director
4
Administrative Review Resolution No. 2025-07
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT it: Minor Conditional Use Permit No. PL2024-86
SUBJECT: To allow the sale of beer and wine in coniunction with a 3,000
square -foot restaurant, Chan Kee
PROPERTY Justin Kim
OWNER: 3055 Wilshire Blvd. Suite 405
Los Angeles, CA 90010
APPLICANT: Cecilia Chan for Chan Kee LLC
20627 Golden Springs Dr. Suites 1E-G
Diamond Bar, CA 91789
LOCATION: 20627 Golden Springs Dr Suites 1E-G 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
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 Minor Conditional Use Permit No. PL 2024-
86 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
A;
City's option reimburse the City its costs of defense, inclung
reasonable attorney's fees, incurred in defense of such claims.
Administrative Review Resolution No. 2025-07
(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 Minor Conditional Use Permit No. PL2024-86, 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. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
4. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
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. Property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
7. The applicant shall comply with the requirements of the Planning and
Building and Safety Divisions.
B. FEES/DEPOSITS
Prior to commencing the sale of on -site consumption of beer and wine as
set forth under this Minor Conditional Use Permit, the applicant shall be
responsible for ensuring that all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
The approval of Minor Conditional Use Permit No. PL 2024-86 shall expire
within one year from the date of approval if the use has not been exercised
as defined per 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 Hearing Officer approval.
6
Administrative Review Resolution No. 2025-07
D. SITE DEVELOPMENT
1. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Hearing Officer, collectively referenced herein as
Exhibit "A", including: site plan and floor plan on file in the Planning Division,
the conditions contained herein and Development Code regulations.
E. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement approved herein. The removal of all trash, debris, and refuse,
whether during or subsequent to construction shall be done only by the
property owner, applicant or by a duly permitted waste contractor, who has
been authorized by the City to provide collection, transportation, and
disposal of solid waste from residential, commercial, construction, and
industrial areas within the City. It shall be the applicant's obligation to
ensure that the waste contractor used has obtained permits from the City of
Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of
this project.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION AT (909)
839-70201 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. All exit paths and doors shall be free and clear of any obstructions.
7
Administrative Review Resolution No. 2025-07