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HomeMy WebLinkAboutPC 98-21PLANNING COMMISSION RESOLUTION NO. 98-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 98-9, DEVELOPMENT REVIEW NO. 98-11, A REQUEST TO CONSTRUCT A 5,029 SQUARE FOOT ADDITION TO AN EXISTING 5,380 SQUARE FOOT ONE STORY COMMERCIAL BUILDING TO BE UTILIZED FOR HOLLYWOOD VIDEO, STARBUCKS AND A BANK. THE PROJECT SITE IS LOCATED AT 1195 DIAMOND BAR BOULEVARD (PARCEL 3 OF PARCEL MAP NO. 12738), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners/applicants, Dariush and Jacob Khakshouri and Max Netty have filed an application for Conditional Use Permit No. 98-9 and Development Review No. 98-11 located at 1195 Diamond Bar Boulevard, Diamond - Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Applica- tion". 2. The Planning Commission of the City of Diamond Bar on October 13, 1998 conducted a duly noticed public hearing on the Application. 3. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Vallev Daily Bulletin newspapers on September 23, 1998. One hundred and ten property owners within a 500 foot radius of the project site were notified by mail on September 22, 1998. 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 project identified above in this Resolution is categorically exempt from requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15301 (e) (2) 1 ----`---- of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 28,594 square feet. It is located at 1195 Diamo7nd Bar Boulevard, adjacent to (not a part of) a retail shopping center identified as Diamond Bar Town Center. The project site is currently developed with a 5,380 square foot vacant bank building. (b) The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for regional, freeway oriented and/or community retail and service commercial uses. The proposed project will consist of retail/service commercial use and therefore complies with the General Plan. (c) The zoning designation for the project site is Unlimited Commercial (C-3). This zoning designation permits a wide range of uses and services. Generally, the following zones surround the project site: to the north and west is the Unlimited Multiple Residence -Minimum Lot Size -8,000 Square Feet -25 Units Per Acre (R -3-8,000-25U) Zone; and to the south and east is the Unlimited Commercial (C-3) Zone. (d) The proposed Application is a request to con- struction of a 5,029 square foot addition to an existing 5,380 square foot, one-story, vacant commercial building. A total of 10,409 square feet will be devoted to structure. Conditional Use Permit Findings Pursuant to Section 22.56.090 (e) The proposed project, at the proposed location, will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area; or The project site is within a commercial zone and is immediately adjacent to other commercial sites. The proposed uses are consistent with the Zoning Code and other commercial retail/service uses permitted in the zone and permitted within surrounding commercial developments. As such, it is not expected that the proposed project, at the proposed location, will adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. (f) The proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or WA The proposed project will yield a pleasant environment for those working and visiting the project site through its exemplary design, use of F--. materials and colors, landscaping, variety of uses and outdoor patio dinning. The proposed architectural design is consistent with the City's Development Review Ordinance in that the project: has an orderly and harmonious appearance with regards to the proposed structure, parking area design, landscaping and the integration of the adjacent -shopping center; and has an architectural design that is compatible with the surrounding commercial uses. Therefore, the proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site. (g) The proposed project will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or General welfare; and The proposed project, with the incorporation of measures mention in Items 5 (e) above and 5 (i) below, will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or General welfare. (h) The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and The project site is 28,594 square feet. It is currently developed with a 5,380 square foot vacant bank building. The applicant desires to add 5,029 square feet. With the addition, the project complies with and exceeds all the required development standards. The applicant, by a condition of approval, will be required to obtain a reciprocal parking agreement with the adjacent shopping center. Additionally, the proposed project is integrated with the adjacent shopping center through landscaping, common access driveways and design. Therefore, the proposed site is adequate in size and shape to -accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. (i) The proposed site is adequately served by highways or streets of sufficient width, and improved as necessary to carry the kind and quantity of traffic such use would generate and by other public or private service facilities as are required. The project site is served by major arterial identified as Diamond Bar Boulevard and Grand Avenue, which are designed to accommodate the proposed use. Therefore, the proposed site is adequately served by highways or streets of suf- ficient width-, and improved as necessary to carry the kind 'and quantity of traffic such use would generate and by other public or private service facilities as are required. Development Review Findings Pursuant to Section 22.72.140 (j) The design and layout of the proposed development is consistent with the applicable elements of the City's general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. The proposed project has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for the establishment of regional, freeway oriented and/or community retail and service commercial uses. The proposed project and uses are considered community retail and service commercial uses as required by the General Plan. Pursuant to the General Plan, the proposed project will yield a pleasant environment for those working and visiting the project site through its exemplary design, use of materials and colors, landscaping and a variety of uses. The building height and setbacks comply with the development standards of the C-3 Zone. The proposed project's architectural style, construction materials and colors are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's general plan and design guidelines of the appropriate district. (k) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The proposed project is within the Unlimited Commercial (C-3) Zone. The C-3 Zone permits a wide range of community retail and service commercial uses, including those proposed by this Application. r The applicant, by a condition of approval, will be required to obtain a reciprocal parking agreement 4 with the adjacent shopping center. Additionally, the proposed project is integrated with the adjacent shopping center through landscaping, common access driveways and design. Therefore the y g proposed site is adequate in size and shape to accommodate the --� yards, walls, fences, parking and loading facilities, landscaping and other -development features prescribed in Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. (1) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the City's general plan. The proposed architectural design is consistent with the City's Development Review Ordinance in that the project: has an orderly and harmonious appearance to the proposed structure, parking area, landscaping and the integration of the neighboring service station site; and has an architectural design that is compatible with the surrounding commercial uses. The incorporation of a reciprocal parking agreement will also maintain a harmonious and orderly development. As also referenced in Item 5 (j), the proposed project's design is consistent with the applicable elements of the General Plan. Therefore, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the City's Development Review Ordinance and General Plan. (m) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings, the proposed project's design is consistent with the applicable elements of the General Plan and development standards of the zone through its exemplary design, use of materials, colors and landscaping. The proposed materials of stucco and tile are low maintenance and long lasting. The varieties of F texture and color add to the design's good aesthetics. Therefore, the design of the proposed sN development will provide a desirable environment for 5 its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically `-" appealing and will retain a reasonably adequate level of maintenance. (n) The proposed development will not be detrimental to public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public works Division, Health Department and Fire Department requirements. The referenced agencies' involvement will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plan, elevations, landscape/irrigation -, plan and colors/materials board collectively labeled as Exhibit "A" dated October 13, 1998, as submitted �. and approved by the Planning Commission. (b) The site shall be maintained in a condition which is free of debris both during and after the con- struction, addition, or implementation of the entitlement granted 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 insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Applicant shall obtain a reciprocal parking agreement with the adjacent shopping center to be reviewed and approved by the City prior to the issuance of any City permits. (d) Additional uses based on occupancy shall not be permitted without a revision to the approved Conditional Use Permit. 6 (e) Applicant shall submit a revised landscape plan with 7 additional shrubs and trees for the City's review and approval prior to the issuance of any City F7 permits. The revised landscape plan shall incorporate the following: plant species, size, quantity and location. Landscaping/irrigation plans shall comply with the City's established Water Efficient Landscape Regulations and shall be plan checked accordingly prior to the issuance of any City permits. All landscaping shall be installed before final inspection. (f) All mechanical equipment shall be incorporated within the buildings design and shall not be visible to the public. (g) Applicant, in writing, shall obtain approval of the outdoor patio design from the Los Angeles County Flood Control District. This approval shall be submitted to the City for review and approval prior to the issuance of any City permits. (h) Applicant shall acquire the appropriate industrial wastes permits with Los Angeles Country. Proper notification shall be made to the Los Angeles County Sanitation District of use changes. (i) Applicant shall comply with all NPDES requirements IF and shall obtain the necessary permits. ,. (j) Applicant shall make all utility improvement prior to occupancy. (k) Applicant shall be responsible for sewer and storm drain connections and shall pay connection fees, as required by the City and L.A. County Department of Public Works. (1) Plans shall delineate type of building construction to determine the allowable building size per Section 504 and building height per Section Table 5-b. (j) Applicant shall comply with the following ADA requirements: (1) Provide handicap parking lot signage; (2) Delineate path of travel -(striping) from parking lot to building; this path of travel shall not exceed a two percent slope; (3) Handicap parking shall comply with the State Handicap Accessible Regulations including van parking and one handicap parking space; (4) Handicap parking spaces shall be located on the shortest route to the main entrance; (5) Access doors and restrooms shall be clearly marked with the handicap symbols; and 7 11 —„,.”"—..-„.w.A._—_.-..uaw-iu,,-„�l.,-ii,auwa,,i,.[.,.w�. —1— (6) Ramps shall be handicap accessible. (k) The applicant shall obtain the Los Angeles County Fire Department's approval. (1) Starbucks shall require an additional restroom if four or more employees are working -per shift. (m) Plans shall be approved by Los Angeles County Waste Management. (n) Plans shall comply with the 1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (o) Structures shall be engineered to meet wind loads of 80 m.p.h. with a "C” exposure. (p) This grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (q) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, 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 grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (r) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than 'a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Gam4 any such fee and any fine which the Department determines to be owed. 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: Dariush and Jacob Khakshouri and Max Netty 10750 Wilshire Blvd, 11404 Los Angeles, CA 90024 8 APPROVED AND ADOPTED THIS 13TH DAY OF OCTOBER 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, James eStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of October 1998, by the following vote: AYES: Tye, Ruzicka, Kuo, Nelson NOES: None ABSENT: None ABSTAIN: McManus ATTEST: kmevDeStefam, Secretary 9 ��- ... -- _ .. � _ -- i ,. � r � f-.+i�.�w.... �.w..�....w...=i. � +rtR� R �..-r�m•�.an.-s-meg_..._ .. _ . � - _ PLANNING COMMISSION RESOLUTION NO. 98-21 A RESOLUTION OF THE PLANNING COMMISSION OF TEE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 98-9„ DEVELOPMENT REVIEW -NO. 98- 11p A REQUEST TO CONSTRUCT A Sr029 SQUARE FOOT ADDITION TO AN EXISTING 51380 SQUARE FOOT ONE STORY COMMERCIAL BUILDING TO BE UTILIZED FOR HOLLYWOOD VIDEO# STARBUCKS AND A BANK. THE PROJECT SITE IS LOCATED AT 1195 DIAMOND BAR BOULEVARD (PARCEL 3 OF PARCEL MAP NO. 12738), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners/applicants, Dariush and Jacob Khakshouri and Max Netty have filed an application for conditional Use Permit No. 98-9 and Development Review No. 98-11 located at 1195 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter inthis Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Application". 2. The Planning Commission of the City of Diamond Bar on October 13, 1998 conducted a duly noticed public'hearing on the Application. 3. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Vallev Dailv Bulletin newspapers on September 23, 1998. one hundred and ten property owners within a 500 foot radius of the project site were notified by mail on September 22, 1998. 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 project identified above in this Resolution is categorically exempt from requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15301 (e) (2) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 28,594 square feet. It is located at 1195 Diamond Bar Boulevard, adjacent to (not a part of) a retail shopping center identified as Diamond Bar Town Center. The project site is currently developed with a 5,380 square foot vacant bank building. (b) The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for regional, freeway oriented and/or community retail and service commercial uses. The proposed project will consist of retail/service commercial use and therefore complies with the General Plan. (c) The zoning designation for the project site is Unlimited Commercial (C-3). This zoning designation permits a wide range of uses and services. Generally, the following zones surround the project site: to the north and west is the Unlimited Multiple Residence -Minimum Lot Size -8,000 Square Feet -25 Units Per Acre (R -3-8,000-25U) Zone; and to the south and east is the Unlimited Commercial (C-3) Zone. (d) The proposed Application is a request to construction of a 5,029 square foot addition to an existing 5,380 square foot, one-story, vacant commercial building. A total of 10,409 square feet will be devoted to structure. Conditional Use Permit Findings Pursuant to Section 22.56.090 (e) The proposed project, at the proposed location, will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area; or The project site is within a commercial zone and is immediately adjacent to other commercial sites. The proposed uses are consistent with the Zoning Code and other commercial retail/service uses permitted in the zone and permitted within surrounding commercial developments. As such, it is not expected that the proposed project, at the proposed location, will adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. (f) The proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or The proposed project will yield a pleasant environment for those working and visiting the project site through its exemplary design, use of materials and colors, landscaping, variety of uses and outdoor patio dinning'. The proposed architectural design is consistent with the Cityfs Development Review Ordi-nance in that the project: has an orderly and harmonious appearance with regards to the proposed structure, parking area design, landscaping and the integration of the adjacent -shopping center; and has an architectural design that is compatible with the surrounding commercial uses. Therefore, the proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site. (g) The proposed project will not jeopardize, endanger or otherwise constitute a menace to the public healthl safety or General welfare; and The proposed project, with the incorporation of measures mention in Items 5 (e) above and 5 (i) below, will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or General welfare. (h) The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and The project site is 28,594 square feet. It is currently developed with a 5,380 square foot vacant bank building. The applicant desires to add 5,029 square feet. With the addition, the project complies with and exceeds all the required development standards. The applicant, by a condition of approval, will be required to obtain a reciprocal parking agreement with the adjacent shopping center. Additionally, the proposed project is integrated with the adjacent shopping center through landscaping, common access driveways and design. Therefore, the proposed site is adequate in size and shape to - accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. (i) The proposed site is adequately served by highways or streets of sufficient width, and improved as necessary to carry the kind and quantity of traffic such use would generate and by other public or private service facilities as are required. The project site is served by major arterial identified as Diamond Bar Boulevard and Grand Avenue, which are designed to accommodate the proposed use. Therefore, the proposed site is adequately served by highways or streets of sufficient width-, and improved as necessary to carry the kind 'and quantity of traffic such use would generate and by other public or private service facilities as are required. Development Review Findings Pursuant to Section 22.72.140 Q) The design and layout of the proposed development is consistent with the applicable elements of the City's general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. The proposed project has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for the establishment of regional, freeway oriented and/or community retail and service commercial uses. The proposed project and uses are considered community retail and service commercial uses as required by the General Plan. Pursuant to the General Plan, the proposed project will yield a pleasant environment for those working and visiting the project site through its exemplary design, use of materials and colors, landscaping and a variety of uses. The building height and setbacks comply with the development standards of the C-3 Zone. The proposed project's architectural style, construction materials and colors are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's general plan and design guidelines of the appropriate district. (k) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The proposed project is within the Unlimited Commercial (C-3) Zone. The C- 3 Zone permits a wide range of community retail and service commercial uses, including those proposed by this Application. The applicant, by a condition of approval, will be required to obtain a reciprocal parking agreement with the adjacent shopping center. Additionally, the proposed project is integrated with the adjacent shopping center through landscaping, common access driveways and design. Therefore, the proposed site is adequate in size and shape to accommodate the yards, walls,- fences, parking and loading facilities, landscaping and other -development features prescribed in Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the City's general plan. The proposed architectural design is consistent with the City's Development Review Ordinance in that the project: has an orderly and harmonious appearance to the proposed structure, parking area, landscaping and the integration of the neighboring service station site; and has an architectural design that is compatible with the surrounding commercial uses. The incorporation of a reciprocal parking agreement will also maintain a harmonious and orderly development. As also referenced in Item 5 (j), the proposed project's design is consistent with the applicable elements of the General Plan. Therefore, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the City's Development Review Ordinance and General Plan. (m) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings, the proposed project's design is consistent with the applicable elements of the General Plan and development standards of the zone through its exemplary design, use of materials, colors and landscaping. The proposed materials of stucco and tile are low maintenance and long lasting. The varieties of texture and color add to the design's good aesthetics. Therefore, the design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (n) The proposed development will not be detrimental to public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, Health Department and Fire Department requirements. The referenced agencies, involvement will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plan, elevations, landscape/irrigation plan and colors/materials board collectively labeled as Exhibit "All dated October 13, 1998, as submitted and approved by the Planning commission. (b) 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 granted 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 insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Applicant shall obtain a reciprocal parking agreement with the adjacent shopping center to be reviewed and approved by the City prior to the issuance of any City permits. (d) Additional uses based on- occupancy shall not be permitted without a revision to the approved Conditional Use Permit. lrroviae nanaicap parKing iot signage; Applicant shall submit a revised landscape plan with additional shrubs and trees for the City's review and approval prior to the issuance of any City permits. The revised landscape plan shall incorporate the following: plant species, size, quantity and -location. Landscaping/irrigation plans shall comply with the City's established Water Efficient Landscape Regulations and shall be plan checked accordingly prior to the issuance of any City permits. All landscaping shall be installed before final inspection. (f) All mechanical equipment shall be incorporated within the buildings design and shall not be visible to the public. (g) Applicant, in writing, shall obtain approval of the outdoor patio design from the Los Angeles County Flood Control District. This approval shall be submitted to the City for review and approval prior to the issuance of any City permits. (h) Applicant shall acquire the appropriate industrial wastes permits with Los Angeles Country. Proper notification shall be made to the Los Angeles County Sanitation District of use changes. (i) Applicant shall comply with all NPDES requirements and shall obtain the necessary permits. 0) Applicant shall make all utility improvement prior to occupancy. (k) Applicant shall be responsible for sewer and storm drain connections and shall pay connection fees, as required by the City and L.A. County Department of Public Works. (1) Plans shall delineate type of building construction to determine the allowable building size per Section 504 and building height per Section Table 5-b. Applicant shall comply with the following ADA 2) Delineate path of travel -(striping) from Darking lot to building; this path of travel hall not exceed a two percent slope; 3 -iandicap parkingshall comply with the State Handicap Accessible Regulations including van Darking and one handicap parking space: 4 Handicap parking spaces shall be located on the hortest route to the main entrance; 5 ccess doors and restrooms shall be clear) harked with the handicap symbols; and This grant is valid for two years and shall be exercised i.e. construction started within tha period or this grant shall expire. A one yea (6) Ramps shall be handicap accessible. (k) The applicant shall obtain the Los Angeles County Fire Department's approval. (1) Starbucks shall requir an additional restroora if four or more employees are working, per shift. (m) Plans shall be approved by Los Angeles County Waste Management. (n) fans shall comply with the 1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (o) Structures shall be engineered to meet wind loads of 80 m.p.h. with a "C' (p extension may be requested in writing and submitted to the City 30 days prior to the expiration date. This grant shall not be effectivelfor any purpose until the permittee and owner of the propert involved if other than thepermittee) have filed, within fifteen 15 daVs of approval of this grant, t the City of Diamond Bar Community Development Department, their affidavit stating that they are ware of and agree to accept all the conditions of his grant. Further, this grant shall not be ffective until the permittee pays remaining Cit rocessin fees. r If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this rant' approval, a cashier's check of $2 .00 fora 1 documentary handling fee in connection with Fish and Game Code requirements. Furtherml e, if this O project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pa to the Department of Fish and Gam4any such fee and any fine which the Department determines to be owed. 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: Dariush and Jacob Khakshouri and Max Netty 10750 Wilshire Blvd, 1140 Los Angeles, CA 9002 APPROVED AND ADOPTED THIS 13TH DAY OF OCTOBER 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: C j(5 -e McManus, chairman ?eS t e I, James eStefano, Planning commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of October 19980, by the following vote: IF AYES: Tye, Ruzicka, Kuo, Nelson NOES: None ABSENT: None ABSTAIN: McManus ATTEST: es DeStefano, Secretary