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HomeMy WebLinkAboutRES 2025-05PLANNING COMMISSION RESOLUTION NO. 202,E 05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) NO. PL2024- 64 TO ALLOW THE SALE OF BEER, WINE AND DISTILLED SPIRITS UNDER ABC TYPE 21 LICENSE (OFF -SALE GENERAL) FOR OFF -SITE CONSUMPTION, REPLACING THE EXISTING ALCOHOLIC BEVERAGE CONTROL (ABC) TYPE 20 LICENSE (OFF -SALE BEER AND WINE); AND DETERMINE THAT THE REQUESTED CONDITIONAL USE PERMIT WOULD SERVE THE "PUBLIC CONVENIENCE OR NECESSITY" LOCATED AT 1024 SOUTH BREA CANYON ROAD, DIAMOND BAR, CA (APN 8763-006-021). Ae RECITALS 1. The property owner, Michael Zavaro, and the applicant, Liliger Damaso for Liquor License Brokers, are requesting approval of a Conditional Use Permit (CUP) to allow the sale of beer, wine and distilled spirits under a Department of Alcoholic Beverage Control (ABC) Type 21 License (Off -sale General) within an existing convenience store at a Mobil fueling station; and to determine that issuing the requested CUP would serve the "public convenience or necessity". 2. The subject property is located in the Regional Commercial (C-3) zone with a General Plan land use designation of Commercial (C). 3. The legal description of the subject property is Lot 1 of Parcel Map No. 51-8 and the Assessor's Parcel Number is 8763-006-021. 4. On January 31, 2025, a notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. On the same date, public hearing notices were mailed to property owners within a 500-foot radius of the project site and posted at the City's designated community posting sites. 5. Due to a lack of quorum, the regular Planning Commission meeting was adjourned pursuant to Government Code Sections 54955 and 54955.1, and all business items scheduled before the Planning Commission for February 11, 2025, were continued to February 25, 2025. 6. On February 25, 2025, the Planning Commission of the City of Diamond Bar conducted 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 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 15061(b)(3) of the CEQA Guidelines. It can be determined with reasonable certainty that a CUP finding will not have a significant effect on the environment. Alcohol sales would have a negligible additive effect on impacts normally associated with retail or fuel sales, such as traffic trip generation. As such, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under DBCC Section 22.58, the Planning Commission hereby finds and approves as follows: Conditional Use Permit (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 22.10.030, Table 2-6, off -site alcoholic beverage sales in conjunction with the sale of motor fuel are permitted in the C-3 zoning district with the approval of a conditional use permit. The fueling station and convenience store comply with all Development Code and City Code standards, including a requirement that off -site alcoholic beverage retailers be at least 150 feet away from any elementary, middle, or high school. 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'). The sale of beer, wine and distilled spirits under ABC Type 21 License (Off -sale General) for off -site consumption expands the capacity of an existing business to serve local needs. 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 site is surrounded by commercial uses to the north, east, and west, with single-family residences located to the south of the subject site. The proposed sale of beer, wine and distilled spirits under ABC Type 21 License (Off -sale General) will be compatible with the existing uses. The sale of beer, wine and distilled spirits already exists within other establishments. Furthermore, the additional sale of distilled spirits will be ancillary to the sale of gasoline and retail items currently provided within the convenience store. The addition of distilled spirits at the store will not alter the physical appearance 2 PC Reso No. 202F05 of the existing structure, and the interior of the convenience store will not be significantly modified. The alcoholic beverage sales area for beer and wine currently encompasses 30 square feet of the 846 square -foot building. The applicant is proposing to dedicate an additional 16 square feet of display area to distilled spirits, which is a relatively small percentage of total merchandise display area. In summary, the operational characteristics of the Proposed Use are compatible with the existing retail environment of the site. Additionally, through compliance with the conditions of approval stipulating the manner In mn which the use must be conducted, the activities associated with the Proposed Use will be compatible with the other uses within the convenience store, fueling station and surrounding neighborhood. 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 with the subject site because it will be located in an existing building. No changes are proposed to the exterior of the building or physical layout of the site, including access, parking, circulation or utilities. The interior of the store will remain unchanged except for the replacement of approximately 16 square feet of existing general merchandise display area with shelving for distilled spirits, which constitutes a relatively small portion of the total merchandise display area. The addition of distilled spirits to the store's inventory is also not expected to substantially increase the amount of traffic at the fueling station. The convenience store is an ancillary use to the fueling station. There are also no public schools, public playgrounds, parks, nonprofit youth facilities, or other location where children may congregate. The site is approximately 0.52 miles away from Walnut Elementary School, located at 841 Glenwick Avenue. The nearest park—Larkstone Park, located at 20668 Larkstone Drive —is approximately 0.70 miles away, measured from the nearest boundary lines. The nearest religious use —The Church in Diamond Bar, located at 1200 South Brea Canyon Road —is approximately 700 feet away, also measured from the nearest boundary lines. As a result, potentially undesirable situations such as juvenile loitering or other inappropriate activities are considered highly unlikely. A condition of approval is also included requiring employees on -site to take necessary actions to discourage loitering and littering on the premises. The site is surrounded by existing commercial establishments permitted to sell alcoholic beverage. Two commercial establishments located near the intersection of Golden Springs Drive and South Brea Canyon Road are approved for the sale of beer, wine, and distilled spirits. These include the general retailer Market World located at 21080 Golden Springs Drive and the specialty retailer YYDS Wine & Spirits, Inc. located at 21180 Golden Springs Drive. Given the presence of nearby establishments already permitted to sell similar alcoholic beverages, it is reasonable to conclude that granting a permit for the subject property would not create incompatibility with other neighborhood uses. 3 PC Reso No. 202$t05 The subject property is located within the Los Angeles County Law Enforcement Reporting District 2928. ABC classifies the subject reporting district as "high crime". ABC guidelines state that undue concentration exists if a crime reporting district has a 20 percent greater number of reported crimes than the city's average. "Reported crimes" refers to the most recently available compilation by the local law enforcement agency of reported offenses, including criminal homicide, forcible rape, aggravated assault, robbery, burglary, theft, arson and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. ABC reviewed the proposed application and determined that a "public convenience or necessity" (PCN) determination is required based on the project location and reported crime statistics. The findings made herein provide the facts that support the separate PCN finding. While ABC recognizes Law Enforcement Reporting District 2928 as a "high crime" area, the Los Angeles County Sheriff's Department (LASD) Diamond Bar/Walnut Station has confirmed that Law Enforcement Reporting District 2928 is not a "high crime" area by any metric used by the LASD. LASD has provided the City of Diamond Bar with updated crime statistics for Law Enforcement Reporting District 2928 for calendar years 2023 and 2024. LASD data indicates a decrease in reported crimes in Law Enforcement Reporting District 2928 for calendar years 2023 and 2024. The updated statistics also show a decline in the percentage of crimes in District 2928 relative to the Citywide average. LASD also reviewed the project and determined that based on the negligible amount of floor area added to accommodate distilled spirits and relatively low crime attributed to the subject property, there was no objection to the request for the additional sale of distilled spirits for off -site consumption. 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 sale of distilled spirits for off -site consumption in conjunction with the /An of motor fuel at an existing convenience store and fueling station 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 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 use is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15061(b)(3) of the CEQA Guidelines. It can be determined with reasonable certainty that a CUP finding will not have a significant effect on the environment. C! PC Reso No. 202�-'05 Alcohol sales would have a negligible additive effect on impacts normally associated with retail or fuel sales, such as traffic trip generation. As such, no further environmental review is required. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2024-64, subject to the following conditions: 1. This approval is for the sale of beer, wine and distilled spirits in conjunction with the sale of motor fuel in an existing convenience store at a Mobil fueling station as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2024-64 dated February 25, 2025, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use." 2. 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. 3. This Conditional Use Permit shall be valid only for 1024 South Brea Canyon Road, as depicted on the approved plans on file with the Planning Division. Prior to relocating or expanding the Use into another location, the applicant shall first apply for and receive approval of an amended Conditional Use Permit. 4. 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. 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 Planning Commission, except that the Community Development Director may administratively approve minor modifications to the use if it is determined. 6. The applicant shall obtain the appropriate permit from the California Department of Alcoholic Beverage Control (ABC) and provide written verification to the City before commencing the sale of beer, wine and distilled spirits. Applicant shall be in compliance with all ABC requirements. 7. Prior to the issuance of ABC Type 21 License, perimeter landscaping shall be installed in substantial conformance with the approved landscape plan associated with Plot Plan PL2024-11. 5 PC Reso No. 20Z�05 8. The owner/operator of the fueling station and convenience store shall operate in accordance with the following requirements: a. All fake ID's shall be confiscated and turned in to the Los Angeles County Sheriffs Department, within a timely manner, not to exceed a 30-day period. b. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residence. c. Surveillance cameras shall be maintained on the premises, with the intent to capture digital images of subjects entering, exiting, cash registers and vehicle and pedestrian traffic approaching the business. A minimum of 7 days of surveillance video shall be kept and relinquished upon request by the Los Angeles County Sheriff's Department. The recording system and cameras shall be maintained in working condition. d. A prominent, permanent sign stating, "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted in a place that is clearly visible to patrons of the premises. The sign shall be no smaller than 8 Y2 X 11 inches. e. Employees shall actively monitor the area under their control in an effort to prevent the loitering of persons on any property adjacent to the premises, and take reasonable steps to correct objectionable conditions that constitute a nuisance. Employees shall call the Los Angeles County Sheriff's Department to ask that they remove loiterers who refuse to leave. f. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensees) shall be removed or painted over wn 72 hours of being applied. g. An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by the Los Angeles County Sheriff's Department. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased or rented by the licensee. The log shall indicate date, time, description of incident, staff involved/ witnesses, what action taken, police notification if reported, and report number. h. There shall be no promotions or advertisements indicating "Buy one drink, get one free," "Two for the price of one," or "All you can drink for...." or similar language. i. Employees shall not consume any alcoholic beverages during their work 6 PC Reso No. 20V-05 shift. j. Sales of alcoholic beverages under the off -sale privileges of the ABC license shall be restricted to the confines of the building as shown on the approved plans. No alcoholic beverages shall be sold or displayed in iced containers/portable freezers within the site. k. All windows shall be kept clear and free of any obstructions to visibility including opaque window tint. I. All signage visible from the exterior of the store which advertises the sale or availability of alcohol shall be prohibited. m. To ensure compliance with all conditions of approval and applicable codes, this 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, by certified mail to the property owner, Michael Zavaro, 1024 South Brea Canyon Road, Diamond Bar, CA 91789; and applicant, Liliger Damaso for Liquor License Brokers, 8737 Venice Boulevard, Suite 105, Los Angeles, CA 90034. APPROVED AND ADOPTED THIS 25T" DAY OF FEBRUARY 2025, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Ruben T 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 25t" day of February 2025, by the following vote: AYES: 3 Commissioners: Barlas, Wolfe, C/Torres NOES: 0 Commissioners: None ABSENT: 2 Commissioners: Rawlings, V/C Garg ABSTAIN: 0 Commissioners: None ATTEST: '�Zv 2 � Greg Gubman, Secretary 7 PC Reso No. 202' 05 COMMUNITY DEVELOPMENT USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2024-64 SUBJECT: To allow the sale of beer, wine and distilled spirits (Alcoholic Beverage Control (ABC) License Type 21) for off -site consumption in conjunction with the sale of motor fuel within an existing convenience store / fueling station. PROPERTY Michael Zavaro OWNER(S). Zavaro, Inc. 1024 South Brea Canyon Road Diamond Bar, CA 91789 APPLICANT: Liliger Damaso for Liquor License Brokers 8737 Venice Boulevard, Suite 105 Los Angeles, CA 90034 LOCATION: 1024 South Brea Cannon 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 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. PL2024-64 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. 202�-05 (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 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. 3. 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. 7. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, and the Fire Department. B. FEES/DEPOSITS 1. Prior to commencing the sale of distilled spirits as set forth under this Conditional Use Permit, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit No. PL2024-64 shall expire within one 9 PC Reso No. 202g05 (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 22.60.050(c) for Planning Commission review and approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Where any construction occurs, including modifications to existing coolers and/or new shelving over 5$4' tall, a building permit is required. 2. Where plans are required, 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. 3. Where new shelving is added, the shelving shall be secured against lateral movement and designed to support the merchandise. L 10 PC Reso No. 20,?,�f-05