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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT PLANNING
CASE NO. PL2015-74 TO ALLOW THE SALE OF BEER AND WINE FOR
OFF-SITE CONSUMPTION AT AN EXISTING CONVENIENCE STORE /
SERVICE STATION, -LOCATED AT 504DIAMOND BAR BLVD., DIAMOND
A. RECITALS
1. Property owner, Circle K Stores Inc., and Applicant, Ahmad Ghaderi, have
filed an application for a Conditional Use Permit No. PL 2015-74 to allow
the sale of beer and wine for off-site consumption at an existing
convenience store 1 service station ("Proposed Use"). The location of the
proposed use is more specifically described as 504 N. Diamond. Bar Blvd.,
Diamond Bar, Los Angeles County, California ("Project Site").
2. The subject property is located in the Office Professional (OP) zone and
has a General Plan land use designation of Commercial Office (CO).
3. The legal description of the property is Lot 6 and Portion of Lot 5 of Tract
No. 28853. The Assessor's Parcel Number (APN) is 8706-001-007.
4. On June 2, 2015, public hearing notices were mailed to property owners
within a 500 -foot radius of the project site, and a notice was published in
the Inland Valley Daily__ Tribune and San Gabriel Valley Tribune
newspapers on June 12, 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.
5. On June 23, 2015, 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. 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 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
(Existing Facilities) of the CEQA Guidelines. Therefore, no further
environmental review is required.
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 as follows:
CONDITIONAL USE PERMIT (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 2-5, alcoholic beverage sales
for off-site consumption in conjunction with the sale of motor fuel is
permitted in the OP zoning district with approval of a conditional use
permit.
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 beer and wine sales for off-site consumption is
considered a retail use and as such is consistent with the General Plan.
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, south, and east,
with multi -family residences also located to the southeast of the subject
site. Commercial uses consist of service oriented businesses, fast-food
restaurants, a liquor store, and a 7 -Eleven convenience store in close
proximity to the subject site. The proposed use will be compatible to the
existing uses in that the sale of alcoholic beverages already exists within
other establishments and the addition of beer and wine sales will be
ancillary to the sale of gasoline and retail items currently provided within
the Circle K convenience store.
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The addition of beer and wine at the store will not alter the physical
appearance of the existing structure, and the interior of the convenience
store will not be significantly modified. The total sales floor occupies
approximately 456 square feet of the 950 square-foot convenience store
building. The..display dedicated to beer and wine is proposed to occupy
one endcap and two display cooler doors, which is a relatively small
percentage of the total merchandise display areas, and is consistent with
the other general merchandise convenience stores that also sell beer and
wine. in addition, approximately six square feet of cold storage back stock
area is proposed within the refrigerated cooler space. In sum, the
operational characteristics of the Proposed Use are compatible with the
existing retail environment 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. Further, the addition of beer and wine to the inventory is
not expected to substantially increase the amount of traffic at the service
station. The convenience store is an ancillary use to the service station.
The Project Site is located at an existing Circle K convenience store 1
Mobil service station. There are no public schools, public playgrounds,
parks, nonprofit youth facilities, or other location where children .may
congregate located within close proximity to the Circle K convenience
store. The nearest religious use—Global Mission Church—is
approximately 350 feet away, measured from the nearest boundary lines.
The nearest school is approximately 0.89 miles away, measured along
Sunset Crossing Road to the east of the subject site. And, the nearest
park is located approximately 0.53 miles away, measured along Sunset
Crossing Road to the west of the subject site.
Thus, 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 make appropriate
efforts to discourage loitering and littering on the premises.
The subject property is located within Los Angeles County Law
Enforcement Reporting District 2920. ABC classifies the subject reporting
district as high crime. ABC guidelines state that undue concentration also
applies when the subject crime reporting district is defined as "high crime."
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Nigh crime is defined as exceeding 120/ of the average amount of crimes
per district for the entire City. Crimes (Part I and 11) included in these
statistics are: homicide, rape, robbery, aggravated assault, burglary,
larceny theft, and motor vehicle theft, combined with all arrests for other
crimes. The Los Angeles Sheriff's Department (LASD) reports 15 calls for
service attributed to the subject location with one Part l Offense in the
form of armed robbery last year (2014). In comparison, there were a total
of 5,251 calls for service—including routine, 911, and observation calls --
in the same year for the reporting district. Of the number of calls for
service in 2014, 44 felony arrests and 72 misdemeanor arrests were
made.
According to ABC, an additional finding of "public convenience and
necessity (PCN) is required before ABC would issue an off -premise
license in a high crime area. The findings made herein provide the facts
that support the separate PCN finding.
LASD reviewed the project and determined that based on the negligible
amount of floor area and location within the store dedicated to beer and
wines sales; and relatively low crime activity attributed to the subject
property, there was no objection to the request for the sale of beer and
wine for off-site consumption.
Although figures provided by ABC classify the reporting district as a high
crime district, the LASD Diamond Bar/Walnut Station has confirmed that
Reporting District 2920 is not a "high crime" area by any metric used by
the LASD. Further, Diamond Bar is nationally recognized for being one of
the safest cities in the country.
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 beer and wine for off-site consumption in conjunction with the
sale of motor fuel at an existing convenience store / service station will be
subject to the licensing requirements and resolutions of the State
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).
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The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15309 (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 approves Conditional Use Permit Planning -Case No. PL2015-74,
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 be valid only for 504 N. 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.
3. The applicant shall obtain the appropriate permit from the California
Department of Alcoholic Beverage Control (ABC) and provide written
verification to the City of said license before commencing the sale of beer
and wine. Applicant shall be in compliance with all requirements of said
licensing agency.
4. The sale of alcohol shall be prohibited between the hours of 2:00 a.m. to
6:00 a.m., daily.
5. 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 Los Angeles
County Sheriff's Department to ask that they remove loiterers who refuse
to leave.
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 Conditional Use
Permit may have operational conditions added or revocations of permits
may occur ata Planning Commission hearing.
7. All signage visible from the exterior of the store which advertises the sale
or availability of alcohol shall be prohibited.
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8. All windows shall be kept clear and free of any obstructions to visibility
including opaque window tint.
9. Sales of alcoholic beverages under the off -sale privileges of the license
shall be restricted to the confines of the building as shown on the
approved plans stamp dated June 23, 2015. No alcoholic beverages shall
be sold or displayed in iced containers/portable freezers within the site.
10. No fortified wines, malt liquors or distilled spirits of any kind in any size
shall be sold from the premises.
11. No single can or bottle of beer shall be available for purchase
12. The sale of alcoholic beverages shall be limited to beer and wine. Beer
shall be sold in manufacturers prepackaged, multi -packed quantities of
four (4) or more cans/bottles of beer. All wine shall be sold in 750
milliliters or larger and any wine bottle less than 750 milliliters shall be sold
in four packs or larger.
13. The parking stripes for the four obstructed parking stalls adjacent to the
east property line shall be removed, and "no -parking" signage shall be
installed behind the curb line within the affected area prior to the City
issuing a Finding of Public Convenience and Necessity to ABC. The
signage shall meet all criteria specifications required to enable
enforcement by the Los Angeles County Sheriff's Department.
14. All turf within the landscape areas shall be replaced with drought tolerant
landscaping. Prior to the City issuing a Finding of Public Convenience
and Necessity to ABC, the applicant shall submit planting and irrigation
plans for review and approval by the Planning Division, and the
landscaping shall be installed in substantial conformance with the
approved plans.
15. 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, Circle K Stores Inc., 255 E. Rincon St.,
#100, Corona, CA 92879, and applicant, Ahmad Ghaderi, A&S
Engineering, 28405 Sand Canyon Road, Suite B, Canyon Country,
CA 91387.
Planning Commission Resolution No. 2015-11
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APPROVED AND ADOPTED THIS 23RD DAY OF JUNE, 2015 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Ruth Low, 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 23 rd day of June, 2015, by the following vote:
AYES: Commissioners: Farago, Nishimura, , VC/Pirritano, Chair/Low
NOES: Commissioners: None
ABSENT: Commissioners: Mahle
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
CUP PL2015-74
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COMMUNITY DEVELOPMENT
- DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2015-74
SUBJECT: To allow the sale of beer and wine for off-site consumption at an
existing convenience store 1 service station.
PROPERTY Circle K Stores Inc. 255 E. Rincon St. #100 Corona CA 92879
OWNER:
APPLICANT: Ahmad Ghaderi A&S Engineering, 28405 Sand Canyon Road
Suite B Canyon Country, CA 91387
LOCATION: 504 N. Diamond Bar Blvd., Diamond Bar CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. .
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, 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. PL2015-74 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.
(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.
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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 2015-74 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.
B. FEES/DEPOSITS
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.
C. TIME LIMITS
1. The approval of Conditional Use Permit No. PL2015-74 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.
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D. SITE DEVELOPMENT
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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. No work shall be required as a result of this approval. Where work is
required, a building permit shall be obtained and any necessary accessibility
upgrades shall be implemented as required per CBC 11346.2.1.
AND]
D]
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