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HomeMy WebLinkAboutPC 98-23PLANNING COMMISSION RESOLUTION NO. 98-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 98-10, DEVELOPMENT REVIEW NO. 98-14, A REQUEST TO MODIFY AN EXISTING 1,588 SQUARE FOOT COMMERCIAL SUITE FROM AN EXISTING DELI TO A RESTAURANT AND FOR THE SALE AND ON- SITE CONSUMPTION OF BEER AND WINE. THE PROJECT SITE IS LOCATED AT 958 NORTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. PFCITPTG. 1. The property owner, Beal Bank, and applicant, Blair Hightower, have filed an application for Conditional Use Permit No. 98-10 and Development Review No. 98-14 located at 958 North 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 "Application". i 2. The Planning Commission of the City of Diamond Bar on November 24, 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 Valley Daily Bulletin newspapers on November 2, 1998. Eighty-four property owners within a 500 foot radius of the project site were notified by mail on October 29, 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 Co ission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution ar true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically a exempt from requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines ,< promulgated thereunder, pursuant to Section 15301 (a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 1 2 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 1,588 square feet. It is located at 958 North Diamond Bar Boulevard, in �- a retail shopping center commonly known as the Oak Tree Plaza. The project site is -currently developed as Giuseppe's Delicatessen in a 1,588 square foot suite. (b) The project site has a General Plan land use designation of Commercial Office (CO). Pursuant to the General Plan, this zone consists of land use areas that are diverse, mixed uses of commercial retail, office, and service properties. (c) The zoning designation for the project site is Commercial-Manufacturing(C-M). Premises in the C -M Zone may be used for retail sales, recreation, amusement, and services. Services include restaurants and other eating establishments, as well as food take-out. Generally, the following zones and uses surround the project site: to the north and east the zones are Single Family Residential (R-1-8000) and Limited Multiple Family Residential (R-3-8000); to the west is State Road 57/60 and the City of Pomona; and to the south is the C -M Zone. (d) The proposed Application is a request to modify an k_n.l existing suite at 958 North Diamond Bar Boulevard in the Oak Tree Plaza from a deli to a restaurant, an intensification of land use. The restaurant plans to incorporate the sale of beer and wine for on-site consumption. The removal and rearrangement of interior walls to accommodate the restaurant does not alter the suite's square footage of 1,588. The application is also a request for a CUP approval to permit alcohol sales for on-site consumption. Use Permit Findings Pursuant to Section 22.56.090 Conditional (e) The proposed project use is not in substantial conflict with the adopted general plan. The proposed project will consist of retail/service commercial use and therefore complies with the General Plan. (f) The proposed project, at the proposed location, will not adversely affect the health, peace, comfort or r welfare of persons residing or working in the surrounding area; or The project site is within a Commercial -Manufacturing Zone and is immediately adjacent to other commercial 2 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. (g) 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 is an intensification of use from an existing deli which offered minimum food service. The proposed restaurant use as well as other food services in the area are pursuant to the Code and allowed in the C -M Zone. Additionally, no adverse letters or comments have been received from notified residents in the 500 foot radius. (h) The proposed project will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and r - The proposed project, with the incorporation of conditions of approval as presented in the Resolution and as findings above in Item (f) and (g), will not Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. (i) 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 1,588 square feet. The project site is located in the Oak Tree Plaza in a commercial suite in Building A. The Plaza has three buildings: the bowling alley (Oak Tree Lanes); Building A, Giuseppe's Italian Deli with seven other suites; and Building B with five suites. There is no change to the site's exterior building facade. The applicant has requested outdoor dining where he brings the tables and chairs in at closing and puts them out before opening. Pursuant to Code Section 22.28.070.G(6), Development Standards for Restaurants in the C -M Zone, a Conditional Use Permit for outdoor dining is exempt if the tables and chairs are removed daily. Therefore, a CUP is not required. 3 (j) 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 the major arterial identified as Diamond Bar Boulevard, which is 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 (k) The.design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. The project site has a General Plan land use f designation of Commercial Office (CO). Pursuant to the General Plan, the land use designation provides v6- for land use areas that are diverse, mixed uses of commercial retail, office, and service properties. The proposed project and uses are considered retail and service commercial uses as required by the General Plan. Pursuant to the General Plan, the proposed project will yield a pleasant environment j for those working and visiting the project site. As there is no change to the site's exterior configuration, the current site'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. (1) 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. f-, The existing site of the proposed project is within the Commercial -Manufacturing Zone (C -M). The C -M Zone permits a wide range of retail and service commercial uses, including those proposed by this Application. There is no change to the site's exterior configuration, and the current site is adequate in size and shape to accommodate the yards, wails, fences, parking and loading facilities, J landscaping and other development features prescribed in the Code, or as required in order to integrate said use with the uses in the surrounding area. The site's current architectural, 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 City Design Guidelines. (m) 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. There are no changes purposed in the architectural design of the existing commercial structures at the project site. The site's current architectural exterior design is consistent with the City's F Development Review Ordinance in that the project: has an orderly and harmonious appearance to the existing v- structures, parking area and landscaping; and has an existing architectural design that is compatible with the surrounding commercial uses. As also referenced in Item 3(k), 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. (n) 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 project site's current exterior 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 5 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. (o) 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, Industrial Waste 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 sub- ject to the following conditions: (a) The project shall substantially conform to application, site plan, floor plan and elevations collectively labeled as Exhibit "A" dated November 24, 1998, as submitted and approved by the Planning Commission and as modified herein. (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. (h) All mechanical equipment shall not be visible to the public. (i) Applicant shall acquire the appropriate industrial wastes permits with Los Angeles County. Proper notification shall be made to the Los Angeles County Sanitation District of use changes. (j) Applicant shall comply with all NPDES requirements and shall obtain the necessary permits. All wastes generated by the food service and food distribution sources shall be properly disposed of in a manner that said wastes are not discharged into the Municipal Separate Storm Sewer System. (k) All utility improvements shall be made prior to occupancy. Should there be any cuts in the public right -of -way, the applicant shall obtain appropriate encroachment permits and pay the required fees. (1) 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 7 i�tmno^wr��= (c) Prior to final inspection, the owner shall restripe the parking lot to comply with ADA requirements, as determined by the City. The applicant, Guiseppe's ;� - Deli, shall be responsible for restriping of the parking lot in front of the establishment to comply with the ADA requirements, as determined by the City. (d) Prior to final inspection, the owner shall replace missing and/or dead ground cover within the planter areas. Said ground cover shall match existing. Additionally, the owner shall insure that the existing irrigation system is operating properly. (e) Hours and days of operation shall be from 8:00 a.m. to 6:30 p.m., Monday through Saturday. (f) Outdoor patio dining shall consist of portable tables and chairs which shall be removed on a daily basis. Said tables and chairs shall be placed outside of the restaurant's suite only and shall not block pedestrian travel. (g) Applicant shall obtain appropriate permits for Alcohol and Beverage Control. (h) All mechanical equipment shall not be visible to the public. (i) Applicant shall acquire the appropriate industrial wastes permits with Los Angeles County. Proper notification shall be made to the Los Angeles County Sanitation District of use changes. (j) Applicant shall comply with all NPDES requirements and shall obtain the necessary permits. All wastes generated by the food service and food distribution sources shall be properly disposed of in a manner that said wastes are not discharged into the Municipal Separate Storm Sewer System. (k) All utility improvements shall be made prior to occupancy. Should there be any cuts in the public right -of -way, the applicant shall obtain appropriate encroachment permits and pay the required fees. (1) 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 7 i�tmno^wr��= 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; (6) Ramps shall be handicap accessible; and (7) Two exits. (m) The applicant shall obtain the Los Angeles County Fire Department's approval. (n) Occupancy for the proposed restaurant shall not exceed 70. (o) Plans shall comply with the 1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (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 exten- sion 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 Game any such fee and any fine which the Department determines to be owed. (s) Conditional Use Permit No. 85-061-(1) shall remain in full force and effect. 8 mr���nr7r�^ iio•� a. - 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: Beal Bank, 15770 N. Dallas Parkway, Dallas, Texas 75243 and Blair Hightower, 958 N. Diamond Bar Boulevard, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 24TH DAY OF NOVEMBER, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:r CliCi(ii - Joe McManus, Chairman I. Jas DeStefano, 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 24th day of November, 1998, by the following vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/tye, Chair/McManus NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: 4es DeStefano, Secretary C:\WP60\LINDAKAY\PLANCOMM\PROJECTS\DR98-14revised.RES 0 �I�'s'i�ou .iii, i. r •... ....... ... . .,��R,.. PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION OF' THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 98-10, DEVELOPMENT REVIEW NO. 98-14, A REQUEST TO MODIFY AN EXISTING 1,588 SQUARE FOOT COMMERCIAL SUITE FROM AN EXISTING DELI TO A RESTAURANT AND FOR THE SAT AND ONSITE CONSUMPTION OF BEER AND WINE. THE PROJECT SITE IS LOCATED AT 958 NORTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. I RRCITAT.A. 1. The property owner, Beal Bank, and applicant, Blair Hightower, have filed an application for Conditional Use Permit No. 98-10 and Development Review No. 98-14 located at 958 North 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 "Application". 2. The Planning Commission of the City of Diamond Bar on November 24, 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 V;;Iley Daily Bulletin newspapers on November 2, 1998. Eighty- four property owners within a 500 foot radius of the project site were notified by mail on October 29, 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 Co ission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution ar 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 (a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. Based on the findifig"t and conclusions set forth herein this Planning Commission hereby finds as follows: -(a) The project site is approximately 1,588 square feet. It is located at 958 North Diamond Bar Boulevard, in a retail shopping center commonly known as the Tree Plaza. The project site is -currently developed as Giuseppe's Delicatessen in a 1,588 square foot suite. (b) The project site has a General Plan land use designation of Commercial Of f ice (CO) . Pursuant to the General Plan, this zone consists of land use areas that are diverse, mixed uses of commercial retail, office, and service properties. (c) The zoning designation for the project site is Commercial-Manufacturing(C-M). Premises in the C -M Zone may be used for retail sales, recreation, amusement, and services. Services include restaurants and other eating establishments, as well as food take-out. Generally, the following zones and uses surround the project site: to the north and east the zones are Single Family Residential (R-1-8000) and Limited Multiple Family Residential (R-3- 8000); to the west is State Road 57/60 and the City of Pomona; and to the south is the C -M Zone. (d) The proposed Application is a request to modify an existing suite at 958 North Diamond Bar Boulevard in the Oak Tree Plaza f rom. a deli to a restaurant, an intensification of land use. The restaurant plans to incorporate the sale of beer and wine for on-site consumption. The removal and rearrangement of interior walls to accommodate the restaurant does not alter the suite's square footage of 1,588. The application is also a request for a CUP approval to permit alcohol sales for on-site consumption. Conditional Use Permit Findings Pursuant to Section 22.56.090 (e) The proposed project use is not in substantial conflict with the adopted general plan. The proposed project will consist of retail/service commercial use and therefore complies with the General Plan. (f) The proposed project, at the proposed location, will not adversely of f ect the health, peace, comf ort or welfare of persons residing or working in the surrounding area; or The project site is within a Commercial -Manufacturing Zone and is immediately adjacent to other commercial 2 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. (g) 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 is an intensification of use from an existing deli which offered minimum food service. The proposed restaurant use as well as other food services in the area are pursuant to the Code and allowed in the C -M Zone. Additionally, no adverse letters or comments have been received from notified residents in the 500 foot radius. (h) 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 conditions of approval as presented in the Resolution and as findings above in Item (f) and (g), will not ]eopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. (i) 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 1,588 square feet. The project site is located in the Oak Tree Plaza in a commercial suite in Building A. The Plaza has three buildings: the bowling alley (Oak Tree Lanes); Building A, Giuseppe's Italian Deli with seven other suites; and Building B with five suites. There is no change to the site's exterior building facade. The applicant has requested outdoor dining where he brings the tables and chairs in at closing and puts them out before opening. Pursuant to Code Section 22.28.070.G(6), Development Standards for Restaurants in the C -M Zone, a Conditional Use Permit for outdoor dining is exempt if the tables and chairs are removed daily. Therefore, a CUP is not required. Q) 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 the major arterial identified as Diamond Bar Boulevard, which is 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 traf f is such use would generate and by other public or private service facilities as are required. Development Review Findings Pursuant to Section 22.72.140 (k) The -design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. The project site has a General Plan land use designation of Commercial Office (CO) . Pursuant to the General Plan, the land use designation provides for land use areas that are diverse, mixed uses of commercial retail, office, and service properties. The proposed project and uses are considered 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. As there is no change to the site's exterior configuration, the current site'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. (1) 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 existing site of the proposed project is within the Commercial -Manufacturing Zone (C -M). The C -M Zone permits a wide range of retail and service commercial uses, including those proposed by this Application. There is no change to the site's exterior configuration, and the current site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in the Code, or as required in order to integrate said use with the uses in the surrounding area. The site's current architectural, 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 City Design Guidelines. (m) 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. There are no changes purposed in the architectural design of the existing commercial structures at the project site. The site's current architectural exterior design is consistent with the City's Development Review Ordinance in that the project: has an orderly and harmonious appearance to the existing structures, parking area and landscaping; and has an existing architectural design that is compatible with the surrounding commercial uses. As also referenced in Item 3(k), 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. (n) 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 project site's current exterior 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. (o) 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, Industrial Waste 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 application, site plan, floor plan and elevations collectively labeled as Exhibit "A" dated November 24, 1998, as submitted and approved by the Planning Commission and as modified herein. (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) Prior to f inal inspection, the owner shall restripe the parking lot to comply with determined by the City. The applicant, Guiseppe's Deli, shall be responsible for restriping of the parking lot in front of the establishment to comply with the ADA requirements, as determined by the City. (d) Prior to final inspection, the owner shall replace missing and/or dead ground cover within the planter areas. Said ground cover shall match existing. Additionally, the owner shall insure that the existing irrigation system is operating properly. (e) Hours and days of operation shall be from 8:00 a.m. to 6:30 p.m., Monday through Saturday. (f) Outdoor patio dining shall consist of portable tables and chairs which shall be removed on a daily basis. Said tables and chairs shall be placed outside of the restaurant's suite only and shall not block pedestrian travel. (g) Applicant shall obtain appropriate permits for Alcohol and Beverage Control. (h) All mechanical equipment shall not be visible to the public. (i) Applicant shall acquire the appropriate industrial wastes permits with Los Angeles County. Proper notification shall be made to the Los Angeles County Sanitation District of use changes. Q) Applicant shall comply with all NPDES requirements and shall obtain the necessary permits. All wastes generated by the food service and food distribution sources shall be properly disposed of in a manner that said wastes are not discharged into the Municipal Separate Storm Sewer System. (k) All utility improvements shall be made prior to occupancy. Should there be any cuts in the public right -of -way, the applicant shall obtain appropriate encroachment permits and pay the required fees. (1) 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; (6) Ramps shall be handicap accessible; and (7) Two exits. (m) The applicant shall obtain the Los Angeles County Fire Department's approval. (n) Occupancy for the proposed restaurant shall not exceed 70. (o) Plans shall comply with the 1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (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 Game any such fee and any fine which the Department determines to be owed. (s) Conditional Use Permit No. 85-061-M shall remain in full force and effect. 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: Beal Bank, 15770 N. Dallas Parkway, Dallas, Texas 75243 and Blair Hightower, 958 N. Diamond Bar Boulevard. Diamond Bar. CA 91765. APPROVED AND ADOPTED THIS 24TH DAY OF NOVEMBER, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: /, ia`s DeStefano, 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 24th day of November, 1998, by the following vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/tye, Chair/McManus NOES: NONE Al3SENT: ABSTAIN: It 4e Or'f-P ATTEST s DeSte ano. es DeStefano, Secretary Ct\WP60\LIN DAKP,Y\PLAN COMM\PROJ ECTS\D R9&-14revised.R ES