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HomeMy WebLinkAboutPC 99-19PLANNING COMMISSION - RESOLUTION NO. 99-19 r - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 99-4, MINOR CONDITIONAL USE PERMIT NO. 99-9 AND CATEGORICAL EXEMPTION, A REQUEST TO PROVIDE ENTERTAINMENT, OUTDOOR DINING AND THE SALE AND ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES AT AN EXISTING RESTAURANT TO BE REOPENED AS PLATINUM. THE PROJECT SITE IS LOCATED AT 245 GENTLE SPRINGS LANE, (PM NO. 15547, PARCEL 1), DIAMOND BAR, CALIFORNIA. A. RRCITAT.R, 1. The property owner, SX Diamond Bar and applicant, Chris Pierce, have filed an application for Conditional Use Permit No. 99-4, Minor Conditional Use Permit No. 99-9 and Categorical Exemption for a property located at 245 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Minor Use Permit and Categorical Exemption shall be referred to as the "Application". 2. On August 10, 1999, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 3. On July 30, 1999, notification of the public hearing for this project was provided in the San GahriPl Valley Trihune and Tnland Valley gaily RullPtin newspapers. On July 28, 1999, public hearing notices were mailed to approximately 24 property owners of record within a 500 -foot radius of the project site. Furthermore, on July 30, 1999, the project site was posted with a display board. B. Re¢ol witi on. 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 pursuant to Section 15301 of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the Categorical Exemption reflects the 1 independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including .the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no .evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations." 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing commercial site developed with the Best Western Diamond Bar Hotel and a three level, 8,900 square foot restaurant structure. (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. (c) The zoning designation for the project site is Commercial Planned Development (CPD). (d) Generally, the following zones and uses surround the project site: To the north is the Orange (57) Freeway; to the south is the Limited Multiply Residence -15 Units Per Acre (R -3-15U) Zone; to the east is the CPD Zone; and to the west is the Pomona (60) Freeway. The project site is also located within the City's Redevelopment Agency's Economic Revitalization Area. (e) The Application request is to provide entertainment (dancing with a DJ, Kareoke, guitarist, folk singer and comedy nights) outdoor dining', and the sale and on-site consumption of alcoholic beverages within an existing three level, 8,900 square foot restaurant structure previously identified as Mirage and will re -open as Platinum Restaurant. Conditional Uce Permit/Minor Conditional Uce Permit (f) The proposed uses are allowed within the subject ,zoning district with the approval of a Conditional Use Permit/Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; ri 2 The proposed project is,Nith'in a CPD Zone. According to the City's Development Code, uses and development r standards applicable to a C-1 Zone are also applicable to the CPD Zone. Therefore, pursuant to Table 2-6, the proposed entertainment, outdoor dining, and the sale and on-site consumption of alcoholic beverage are permitted in the CPD Zone with the review and approval of a Conditional Use Permit and Minor Conditional Use Permit. As conditioned[, the proposed uses will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project rite's land use designation is 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 is considered a service commercial use and as such is consistent with the General Plan. Additionally, a specific plan does not exist for the project site. (h) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The proposed project is located within an existing commercial site processed by Los Angeles County and built in the late 1980's. Additionally, the project site is surrounded by other commercial areas. The proposed project is the re -opening of an existing restaurant and only require:; interior improvements related to redecorating. The existing division of interior space and architectural style will not be altered. No square footage will be added to the existing restaurant structure. As a result, the exterior physical appearance of the restaurant structure and the commercial site in general will not be altered. The project site is large enough to accommodate the proposed project by providing more than adequate parking and adequate access. Since the proposed project causes the re -opening of a restaurant (vacant since January 1999), it is anticipated that the design, location, and size are still appropriate. Operating characteristics will be compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use Permit and Minor Conditional Use: Permit process. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, ,u provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 1---'�---_ - - - -_ __.,__- .— - —r .i, '",�R`Pm^-mV a m, 1 , i i , —— u � i � � , . P As referenced in Item (h) above, the proposed project involves the re -opening of an existing restaurant. The re -opening of the restaurant does not alter the physical appearance of the restaurant structure or the commercial site in which the restaurant is located. Although this ri'di4hi' is an existing development, the proposed project would currently be permitted with the appropriate approvals. Access for the site is existing and adequate according to the City's Public Works Division. Utilities are existing .and are adequate to serve the proposed project. (j) Granting the Conditional Use Permit/Minor Conditional Use Permit will not be detrimental to the'public interest, health, safety, injurious to persons, property,' or improvements in the vicinity and zoning district in which the property is located; and With the appropriate licenses and conditions (operational conditions and site improvement conditions) listed within this resolution, the granting of the Conditional Use Permit/Minor Conditional Use Permit will not be detrimental to the public interest,, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of California Environmental Quality Act (CEQA) ;y,,„ Pursuant to the of the California Environmental Quality Act, the City has determined that this project is Categorically Exempt pursuant to Section 15301. (1) The proposed project will be in substantial 'compliance with the adopted Economic Revitalization Area. The proposed project is located within the Economic Revitalization Area. The proposed project is consistent with the Economic Revitalization Area Plan in that the proposed project: implements the applicable policies as present in the City's General Plan; complies with development limits and standards established by the } City's Development Code; promotes the economic development of the Project Area by providing an attractive, well -serviced, well -protected environment for all residents and visitors; and promotes local job opportunities. 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 a site plan, Oi floor plan, final landscape/irrigation plan, and final exterior and parking lot lighting plan/study j Y collectively labeledrwas Exhibit "A" dated August 10, 1999, as submitted and approved by the Planning Commission, as amended herein. (b) The site shall be maintained in a condition which is m 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 j residential, commercial, construction, and industrial areas within the City. It shall be the applicant's j obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. i (c) Within 30 days of this grants approval, the applicant shall submit the following for -the City's review and approval: (1) Landscape/irrigation plan reflecting the replacement of deteriorated landscaping, method of weed elimination and tree species (24 -inch box) , which are to be added to the parking lot area in tree wells; (2) Lighting plan, study showing the existing parking lot lighting delineating type of fixture, height, shielding, foot-candle minimum, time clock/photo- sensor system, spillage/shielding, uniformity ratio, etc.; (3) Plan delineating method of parking lot repair (slurry seal and re -striping, as required); and (4) Details for trash/recycle bins' enclosure. Landscape/irrigation improvements, parking. lot improvements and parking lot lighting improvement (if required) shall be installed prior to final inspection. (d) Hours of operation shall be limited to 6:00 a.m. and 2:00 a.m., seven days a week._ The sale and on-site consumption of alcoholic beverages shall be between the hours of 10:00 a.m. and 2:00 a.m.; (e) Entertainment shall only include dancing with a DJ, Kareoke, guitarist, folk singer and comedy nights. Dancing shall occur only within the restaurant structure and in the designated dance floor areas as delineated in Exhibit "A". Entertainment of any kind shall not occur within the outdoor dining areas. 5 (fj Applicant shall obtain the appropriate permits from Los Angeles County Business License and Alcohol Beverage Control (ABC) before providing entertainment, sale and on-site consumption alcoholic beverages and outdoor dining. The applicant shall be in compliance with all;p requirements of said'licensing agencies at all times. (g) Applicant shall comply with the City's noise standards. (h) Outdoor dining area shall be accessible from inside the restaurant only. Additionally, the outdoor dining area, shall `be supervised by a restaurant employee to .ensure compliance with laws regarding on-site consumption of alcoholic beverages. (i) Outdoor dining areas and associated structural elements, awnings; covers, furniture, umbrellas or other physical elements shall be compatible with the overall design of the main structure. (j) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit and Minor Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Conditional Use Permit and Minor Conditional Use Permit may be reviewed by the.Planning Commission and additional operational conditions may be added or 'revocation of permits may occur. (k) Applicant shall provide the appropriate security „r measures for activities associated with this permit. (1) No loitering shall be permitted on any property adjacent to the licensed premises, which is under control of the applicant. (m) Applicant shall be responsible for maintaining a graffiti free project site and a graffiti free area adjacent to the project site over which the applicant has control. The applicant shall be responsible for the graffiti removal within 48 hours of its appearance or upon notification to the applicant of its appearance. (n) Applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which the applicant has control and any parking lot area used specifically for restaurant patrons. (o) Applicant shall be responsible for acquiring the appropriate industrial waste permits with Los Angeles County. Additionally, the applicant shall conform to the NPDES requirements for food waste disposal and Health Department requirements for food service. (p) Plans shall meet all A -occupancy requirements. 0 (q) Applicant shall comply with State Handicap -� Accessibility Regulations (i.e., van parking, shortest route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooms, ramps, elevators etc.). (r) Plans shall conform to state and Local Building Code (i.e. 1998 editions of the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and National Electrical Code) requirements and Fire Department requirements as well as the State Energy Code. � -1-i 2- - (s) Applicant shall obtain final inspection approvals from the City and a Certificate of Occupancy before commencing business. (t) 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 of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (u) 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 and Development Services 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, school fees and fees for the review of submitted reports. (v) 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. 7 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: SX Diamond Bar, 259 Gentle Springs Lane, Diamond Bar, CA 91765 and Chris Pierce, 245 Gentle Springs Lane, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 10TH OF AUGUST, 1999, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Tye, Chairman I, James 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 10th day of August, 1999, by the following vote: AYES: Commissioners: Tye, Mcmanus, Kuo, and Ruzicka NOES: None ABSENT: Commissisoner Nelson ABSTAIN: NoneiF!'_ r ATTEST: ! �� mes DeStefan Secretary 8 PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 99-4, MINOR CONDITIONAL USE PERMIT NO. 99-9 AND CATEGORICAL EXEMPTION, A REQUEST TO PROVIDE ENTERTAINMENT, OUTDOOR DINING AND THE SALE AND ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES AT AN EXISTING RESTAURANT TO BE REOPENED AS PLATINUM. THE PROJECT SITE IS LOCATED AT 24S GENTLE SPRINGS LANE, (PM NO. 1SS47, PARCEL 1), DIAMOND BAR, CALIFORNIA. A. RRCTTAT.A. 1 . The property owner, SX Diamond Bar and applicant, Chris Pierce, have filed an application for Conditional Use Permit No. 99-4, Minor Conditional Use Permit No. 99-9 and Categorical Exemption for a property located at 245 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Minor Use Permit and Categorical Exemption shall be referred to as the "Application". 2. On August 10, 1999, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 3. On July 30, 1999, notification of the public hearing for this project was provided in the Ran Gahripl Valley Trihiine and Tnland Valley naily Rullptin newspapers. On July 28, 1999, public hearing notices were mailed to approximately 24 property owners of record within a 500 -foot radius of the project site. Furthermore, on July 30, 1999, the project site was posted with a display board. B. Reao I vit ion. 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 pursuant to Section 15301 of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the Categorical Exemption reflects the independent judgement of the City of Diamond Bar 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the f indings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section.753.5 (d) of Title 14 of the California Code of Regulations. - 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing commercial site developed with the Best Western Diamond Bar Hotel and a three level, 8,900 square foot restaurant structure. (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. (c) The zoning designation for the project site is commercial Planned Development (CPD). (d) Generally, the following zones and uses surround the project site: To the north is the Orange (57) Freeway; to the south is the Limited Multiply Residence -15 Units Per Acre (R -3-15U) Zone; to the east is the CPD Zone; and to the west is the Pomona (60) Freeway. The project site is also located within the City's Redevelopment Agency's Economic Revitalization Area. (e) The Application request is to provide entertainment (dancing with a DJ, Kareoke, guitarist, folk singer and comedy nights) outdoor dining', and the sale and on-site consumption of alcoholic beverages within an existing three level, 8,500 square foot restaurant structure previously identified as mirage and will re -open as Platinum Restaurant. Conditional U -,p Permit/Minor Conditional Ump Pprmit (f) The proposed uses are allowed within the subject,zoning district with the approval of a Conditional Use Permit/Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed project is.,—yithin a CPD Zone. According to the City's Development Code, uses and development standards applicable to a C-1 Zone are also applicable to the CPD Zone. Therefore, pursuant to Table 2-6, the proposed entertainment, outdoor dining, and the sale and on-site consumption of alcoholic beverage are permitted in the CPD Zone with the review and approval of a Conditional Use Permit and Minor Conditional Use Permit. As conditioned, the proposed uses will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific The project site's land use designation is 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 is considered a service commercial use and as such is consistent with the General Plan. Additionally, a specific plan does not exist for the project site. (h) The design, -location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The proposed project is located within an existing commercial site processed by Los Angeles County and built in the late 19801 s. Additionally, the project site is surrounded by other commercial areas. The proposed project is the re -opening of an existing restaurant and only requires interior improvements related to redecorating. The existing division of interior space and architectural style will not be altered. No square footage will be added to the existing restaurant structure. As a result, the exterior physical appearance of the restaurant structure and the commercial site in general will not be altered. The project site is large enough to accommodate the proposed project by providing more than adequate parking and adequate access. Since the proposed project causes the re -opening of a restaurant (vacant since January 1999), it is anticipated that the design, location, and size are still appropriate. Operating characteristics will be compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use Permit and Minor Conditional Use. Permit process. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; As referenced in Item (h) above, the proposed project involves the re -opening of an existing restaurant. The re -opening of the restaurant does not alter the physical appearance of the restaurant structure or the commercial site in which the restaurant is located. Although this is an existing development, the proposed project would currently be permitted with the appropriate approvals. Access for the'site is existing and adequate according to the City!s Public Works Division. Utilities are existing are adequate to serve the proposed project. Q) Granting the Conditional Use Permit/Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and With the appropriate licenses and conditions (operational conditions and site improvement conditions) listed within this resolution, the granting of the Conditional Use Permit/minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of California Environmental Quality Act (CEQA); Pursuant to the of the California Environmental Quality Act, the City has determined that this project is Categorically Exempt pursuant to Section 15301. (1) The proposed project will be in substantial i=ompliance with the adopted Economic Revitalization Area. The proposed project is located within the Economic Revitalization Area. The proposed project is consistent with the Economic Revitalization Area Plan in that proposed project: implements the applicable policies as present in the City's General Plan; complies with development limits and standards established by the City's Development Code; promotes the economic development of the Project Area by providing an attractive, well -serviced, well-protectod environment for all residents and visitors; and promotes local -job opportunities. 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 a site plan, floor plan, final landscape/irrigation plan, and final exterior and parking lot lighting plan/study collectively labeledr,-as Exhibit "All dated August 10, 1999, as submitted and approved by the Planning Commission, a's amended 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) Within 30 days of this grants approval, the applicant shall submit the following for - the City's review and approval: (1) Landscape/irrigation plan reflecting the replacement of deteriorated landscaping, method of weed elimination and tree species (24 -inch box) , which are to be added to the parking lot area in tree wells; (2) Lighting plan, study showing the existing parking lot lighting delineating type of fixture, height, shielding, foot-candle minimum, time clock/photosensor system, spillage/shielding, uniformity ratio, etc.; (3) Plan delineating method -of parking lot repair (slurry seal and re -striping, as required); and (4) Details for trash/recycle bins' enclosure. Landscape/irrigation improvements, parking. lot improvements and parking lot lighting improvement (if required) shall be installed pri or to final inspection. (d) Hours of operation shall be Ii -mited to 6:00 a.m. and 2:00 a.m., seven days a week. -The sale and on-site consumption of alcoholic beverages shall be between the hours of 10:00 a.m. and 2:00 a.m.; (e) Entertainment shall only include dancing with a DJ, Kareoke, guitarist, folk singer and comedy nights. Dancing shall occur only within the restaurant structure and in the designated dance floor areas as delineated in Exhibit "A". Entertainment of any kind shall not occur within the outdoor dining areas. Applicant shall obtain the appropriate permits from Los Angeles County Business License and Alcohol Beverage Control (ABC) before providing entertainment, sale and on-site consumption alcoholic beverages and outdoor dining. The applicant shall be in compliance with all requirements of said licensing agencies at all times. (g) Applicant shall comply with the City's noise standards. (h) outdoor dining area shall be accessible from inside the restaurant only. Additionally, the outdoor dining area . shall be supervised by a restaurant employee to .ensure compliance with laws regarding on-site consumption of alcoholic beverages. (i) Outdoor dining areas and associated structural elements, awnings; covers, furniture, umbrellas - or other physical elements shall be compatible with the overall design of the main structure. Q) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit and Minor Conditional Use Permit shall be subject to periodic 'review. If non-compliance with conditions of approval occurs, the Conditional Use Permit and Minor Conditional Use Permit may be reviewed by the,Planning Commission and additional operational conditions may be added orrevocation of permits may occur. (k) Applicant shall provide the appropriate security measures for activities associated with this permit. (1) No loitering shall be permitted on any property adjacent to the licensed premises, which is under control of the applicant. (m) Applicant shall be responsible for maintaining a graffiti free project site and a graffiti free area adjace'nt to the project site over which the applicant has control. The applicant shall be responsible for the graffiti removal within 48 hours of its appearance or upon notification to the applicant of its appearance. (n) Applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which the applicant has control and any parking lot area used specifically for restaurant patrons. (o) Applicant shall be responsible for acquiring the appropriate industrial waste permits with Los Angeles County. Additionally, the applicant shall conform to the NPDES requirements for food waste disposal and Health Department requirements for food service. (p) Plans shall meet all A -occupancy requirements. (q) Applicant shall comply with State Handicap Accessibility Regulations (i.e., van parking, shortest route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooms, ramps, elevators etc.). (r) Plans shall conform to State and Local Building Code (i.e. 1998 editions of the Uniform Building Code, Unif orm Plumbing Code, Unif orm Mechanical Code, and National Electrical Code) requirements and Fire Department requirements as well as the State Energy Code. (s) Applicant shall obtain final inspection approvals from the City and a Certificate of Occupancy before commencing business. (t) 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 of time may be approved when submitted to the city in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (u) 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 and Development Services Department, their affidavit stating that they are aware of and agree to acce t all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (v) 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. 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: SX Diamond Bar, 259 Gentle Springs Lane, Diamond Bar, CA 91765 and Chris Pierce, 245 Gentle Springs Lane, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 10TH OF AUGUST, 1999, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve 'rye, Chairman I, James 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 10th day of August, 1999, by the following vote: AYES: Commissioners: Tye, Mcmanus, Kuo, and Ruzicka NOES: None ABSENT: Commissisoner Nelson ABSTAIN: None ATTEST: mes DeStefan Secretary