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HomeMy WebLinkAboutPC 2001-18PLANNING COMMISSION RESOLUTION NO. 2001-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-04, MINOR VARIANCE NO. 2001-09, AND CATEGORICAL EXEMPTION 15301(a), A REQUEST TO MODIFY AN EXISTING RETAIL SUITE TO A RESTAURANT AND TO APPROVE A MINOR VARIANCE FOR A DECREASE IN THE NUMBER OF REQUIRED OFF-STREET PARKING SPACES FOR THE SHOPPING CENTER. THE PROJECT SITE IS 2020 BREA CANYON ROAD, SUITE A-7, DIAMOND BAR, CALIFORNIA. A. Recitals. 1. The property owner, Nathaniel Williams, and applicant, Akbar Ali, have filed an application for Development Review 2001-04 and Minor Variance No. 2001-09 for a property located at 2020 Brea Canyon Road, Suite A-7, Diamond Bar, Los Angeles County, California as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Variance and Categorical Exemption shall be referred to as the "Application". 2. On May 29, 2001, 35 property owners within a 700 -foot radius of the project site were notified by mail. On June 1, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of the application. x 3. On June 12, 2001, the Planning Commission of the City of Diamondrytar conducted a duly noticed public hearing on the Application. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified R° above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a retail suite at 2020 Brea Canyon Road, Suite A-7 within an existing commercial shopping center with mixed uses of community retail and service. The project site is 4.73 acres. (b) The General Plan Land Use designation is Office Professional (OP). The zoning designation for the project site is Community, Commercial - Planned Development Billboard Exclusion (C -2 -PD -BE). (c) Generally the following zones surround the project site: to the north, south and east are Open Space and SR -57; to the west is open space and Commercial Plan Development (CPD) Zone. (d) The Application is a request to modify an existing retail suite to a restaurant and to approve a Minor Variance for a decrease of 16% in the number of required off-street parking spaces for the shopping center. DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The project site, was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995, which has a land use designation of Office Professional. Pursuant to the General P*A —i--L._.saAlm�edd�ll:.dlllr«.r��.4utviM Plan, this land use designation provides for the establishment of office -based working environments for general, professional, an administrative offices, as well as support uses. The proposed project is considered a service commercial use and as such could be considered a support use consistent with the General Plan. 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. (f) The design and layout of the proposed development will not 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 Community Commercial- Planned Development— Billboard Exclusion Zone (C -2 - PD -BE). The C -'2 -PD -BE Zone permits a restaurant service. 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 existing architecture, construction materials, and colors are consistent and compatible with the surrounding commercial sites. The project site is adequately served by arterial roads, Brea Canyon Road and Pathfinder Road. Both are designed to provide an ingress/egress to the project site and to handle traffic created by this type of development. Therefore, the design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. There are no changes proposed in the architectural design of the existing retail shopping center at the project site. The site's current �a architectural exterior design is consistent with the City's Development Review standards and City Design Guidelines in that the project has an orderly and harmonious appearance to the existing structures, 3 .. ; }' w;'.'C:' — `.i" .. .,..q.'. , a`x�vr��' ; b>hrV.+ r.+. :3• �"..t:..u.. .. � _. .. _. _ ... ._ .x.r"A.. ,.. .. ter.. . ,; .... .. ._..._. __.... _... _..__. .. .. .. ._.� parking area and landscaping, and has an existing architectural design that is compatible with the surrounding commercial uses. As stated in Item (e) the proposed project is consistent with the City's N11 General Plan. (h) 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. 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 design, use of materials, colors and landscaping. The stucco and siding materials are low maintenance and long lasting. The variety of texture and color add to the design's good aesthetics. Therefore, the existing design of the proposed project continues to 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. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Health Department, Fire Department, City permits; and inspections are required for construction. These will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Pursuant to the Development Code a Shared Parking Analysis was completed for the subject site and approved by the City's Traffic Engineer substantiating adequate parking spaces on-site for the current business uses and the proposed restaurant. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301(a). 4 _ __ _ _ _—____ _amu_�F�.—«W4dlli.wiYlii4l�«Aa~Y.N.Il�wnu. —. I..a li-+. .i, u�JumY�—'1—i"�3'—:--•tL�at'1—.=.-1�'eame�um..mF .�•-..mu�r�_.— _. .�— _ -- ._ _ _ _ _ __ _ MINOR VARIANCE (k) There are special circumstances applicable to the property ` (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. This center was originally constructed under the Los Angeles County Code. Today's Development Code adopted in 1998 requires stricter parking requirements. New allowed uses with parking space deficiencies may be permitted provided that the new use can prove that adequate parking is available on site. A Minor Variance approval for a reduction of not more than 20% in the: number of off-street parking spaces may be granted provided that a Shared Parking Analysis shows adequate parking for all uses based on the businesses' staggered hours of operation. In this case a Shared Parking Analysis for the subject. site was r prepared by a registered traffic engineer based on site observations on a typical Friday, with current Development Code parking standards and uses. The City's Traffic Engineer approved this Analysis. The analysis confirms that adequate parking space's are provided on site for the current business uses and the proposed restaurant. Therefore, strict adherence to the regulation creates an unnecessary and non -self-created, hardship or unreasonable regulation that make it obviously impractical to require compliance with the development standards. Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. This center was originally constructed under the Los Angeles County Code. Diamond Bar's Development Code has stricter requirements, yet allows for the process of a Minor Variancelfor a reduction of not more than 20% in the number of required off-street parking spaces. Based on the analysis, the approval of the Minor Variance will not i hinder the businesses in the shopping center that have varying hours of operation and uses. Therefore, without a Mini or Variance approval, the applicant is denied the same enjoyment and privileges, which 5 other neighboring shopping centers in the same zoning district possess. u (m) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. Granting the Minor Variance is consistent with the Development Code standards. As stated in Item (e), the proposed project is consistent with the General Plan. Therefore, granting the Minor Variance is consistent with the General Plan and any applicable specific plan. (n) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Health Department, Fire Department, City permits, and inspections are required for construction. These will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Pursuant to the Development Code a Shared Parking Analysis was completed for the subject site and approved by the City's Traffic Engineer substantiating adequate parking spaces on-site for the current business uses and the proposed restaurant. (o) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301(a). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, and floor plans collectively labeled as Exhibit "A" dated June 12, 2001, as submitted and as amended herein. (b) The shopping center site shall be maintained in a condition that is free of debris both during and after the implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, shall be done only by the property owner, applicant or by duly permitted waste 4 contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, j commercial, construction, and industrial areas within the City. It shall [si i IN, .i ...... _ _ — —_ _ — _. ----_ _ ._—L—:—�-I-s_�.Jr�♦ ..+Iw��IlixuI�iL...6uYwM 1l s,lx,. ., f<w 1,-...,y i.dvl#o-,i. ..- »,-:�•.-�I,x�y.�,.y.-y_- ,cAw. xn.u�u Iwmmmwi..+swiwuiw,wmw�,rc 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. BUILDING AND SAFETY (c) Plans shall meet all A -3 -occupancy requirements. (d) The structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (e) Men's and Women's restrooms shall be provided if the restaurant establishment employs four or more employees at any given time, (f) The existing restroom shall meet current handicap accessibility requirements. (g) The restroom access doors shall be clearly marked with symbols. (h) One seating space in the restaurant patron area shall be provided for handicap use. PLANNING (i) The Applicant shall obtain approvals and comply with the requirements of the Fire Department, Los Angeles County Business License Department, Los Angeles County Health Department, and City Planning, Building and Safety, and Public Works Divisions. The Applicant shall be in compliance with all requirernents of said agencies at all times and receive all licenses, permits/inspection, and approvals prior to opening the restaurant. (j) Prior to the issuance of any City permits, the owner shall agree to a Shared Parking and Access Agreement with all four parcels of Parcel Map 10337. The Shared Parking and Access Agreement running with the land, approved by the city, shall be recorded by the owner, guaranteeing the continued availability of shared parking prior to Certificate of Occupancy. (k) Employees of the restaurant shall utilize parking in the rear of the shopping center. (1) i Applicant shall have seating for no more than 38 patrons. VA (m) Regular hours of operation shall be between 5:30 p.m. and 10:00 p.m. daily. Special event operating hours shall be reviewed and permitted "'aa by the Planning Division. ''7' "^ "' `' (n) Prior to business opening, Applicant shall obtain City approvals and permits for signs. (o) Prior to business opening, Applicant shall obtain building permits for interior tenant improvements. (p) New rooftop venting and equipment visible from the street shall be screened. All venting or exterior equipment required for this project shall be at the rear of the building on the side of the freeway. All venting and equipment shall be screened, all shall be reviewed and approved by the Planning Division. (q) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one - (1) year extension 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. (r) This grant shall not be effective for any purpose until the permittee LJ 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 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. (s) - 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: i (a) Certify to the adoption of this Resolution; and Esq (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Nathaniel Williams, 3029 Wilshire Blvd. #202, Santa Monica, CA 90703 and Akbar Ali, 8481 Holder Street, Buena Park, CA 90620. APPROVED AND ADOPTED THIS THE 12th DAY OF JUNE 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Bob Zirbes, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of June, 2001, by the following vote: AYES: Nelson, Kuo, WC Ruzicka, Chair Zirbes NOES: ABSENT: Tye ABSTAIN: ATTEST: Yames DeSvfano, Secretary N `�:C;w• �•�i....�, ;:fir ��•r'=`� �4' a;�:wEk:- fix.: _ - -- - =3=.'mak :.r '"-:G;. - .azo: - --.:asp-r- :+_ ss: - - - -- -- �: p:��-�::�_,<�•� -;mac :a - �-,� . �7 t � ��,�'-,+..�•.�: �-..�-_ . � :._�.,.._ _ __ _ ter.: "':mss.• _ :r�:r "�'�: - x � �=^' � -:�:.. PLANNING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-04, MINOR VARIANCE NO. 2001-09, AND CATEGORICAL EXEMPTION 15301(a), A REQUEST TO MODIFY AN EXISTING RETAIL SUITE TO A RESTAURANT AND TO APPROVE A MINOR VARIANCE FOR A DECREASE IN THE NUMBER OF REQUIRED OFF-STREET PARKING SPACES FOR THE A Recital 1 The property owner, Nathaniel Williams, and applicant, Akbar Ali, have filed an application for Development Review 2001-04 and Minor Variance No. 2001-09 for a property located at 2020 Brea Canyon Road, Suite A-7, Diamond Bar, Los Angeles County, California as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Variance and Categorical Exemption shall be referred to as the "Application". 2. On May 29, 2001, 35 property owners within a 700 -foot radius of the project site were notified by mail. On June 1, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a notice of public hearing on a display board was posted at the site and une 12, 2001, the Planning Commission of the City of DiE 3. On J nondi , r conducted a duly noticed public. hearing on the Application. B. Resolution. The Planning Commission hereby specifically finds that all of the 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 promulgated thereunder. This is pursuant to Section 15301 (a) of 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 Pla hning 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 4. Based upon the findings and conclusions set forth herein, this Planning (a) The project relates to a retail suite at 2020 Brea Canyon Road, Suite A-7 within an existing commercial shopping center with (b) The General Plan Land Use designation is Office Professional (OP). The zoning designation for the project site is (c) Generally the following zones surround the project site: to the north, south and east are Open Space'and SR -57; to the west (d) The Application is a request to modify an existing retail suite to a restaurant and to approve a Minor Variance for a decrease of 16% in the number of required off-street parking spaces for IDINVAM[670► IM1111 (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, The project site, was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, Plan, this land use designation provides for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. The proposed project is considered a service commercial use and as such could be considered a support use consistent with the General Plan. 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, (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or The existing site of the proposed project is within the Community Commercial- Planned Development- Billboard Exclusion Zone (C-21PD-BE). The C -2 -PD -BE Zone permits a restaurant service. 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 The project site is adequately served by arterial roads, Brea Canyon Road and Pathfinder Road. Both are designed to provide an ingress/egress to the project site and to handle traffic created by this type of development. Therefore, the design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the There are no changes proposed in the architectural design of the existing retail shopping center at the project site. The site's current architectural exterior design is consistent with the City's Development Review standards and City Design 3 parking area and landscaping, and has an existing architectural design that is compatible with the surrounding commercial uses. As stated in Item (e) the,proposed project is (h) 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, 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 design, use of materials, colors and landscaping. The stucco and siding materials are low maintenance and long lasting. The variety of texture and color add to the design's good aesthetics. Therefore, the existing design of the proposed project continues to 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 (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties Health Department, Fire Department, City permitsi and inspections are required for construction. These will ensure that the finished project will not be detrimental to the public Pursuant to the Development Code a Shared Parking Analysis was completed for the subject site and approved by the City's Traffic Engineer substantiating adequate parking spaces on-site The proposed project has been reviewed in compliance with The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of 4 MINOR VARIANCE (k) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require This center was originally constructed under the Los Angeles County Code. Today's Development Code adopted in 1998 requires stricter parking requirements. New allowed uses with parking space deficiencies may be permitted provided that the new use can prove that adequate parking is available on site. A Minor Variance approval for a reduction of not more than 20% in the number of off-street parking spaces may be granted provided that a Shared Parking Analysis shows adequate parking for all uses In this case a Shared Parking Analysis for the subject. site was prepared by a registered traffic engineer based on site observations on a typical Friday, with current Development Code parking standards and uses. The City's Traffic Engineer approved this Analysis. The analysis confirms that adequate parking spaces are Therefore, strict adherence to the regulation creates an unnecessary and non -self-created, hardship or unreasonable regulation that make it obviously impractical to require compliance Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owner for which the Minor Variance is This center was originally constructed under the Los Angeles County Code. Diamond Bar's Development Code has stricter requirements, yet allows for the process of a Minor Variance for a reduction of not more than 20% in the number of required off—treet parking spaces. Based on the analysis, the approval of the Minor of operation and uses. Therefore, without a Min, or Variance approval, the applicant is denied the same enjoyment and other neighboring shopping centers in the same zoning (m) Granting the Minor Variance is consistent with the General Granting the Minor Variance is consistent with the Development Code standards. As stated in Item (e), the proposed project is consistent with the General Plan. (n) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Health Department, Fire Department, City permits, and inspections are required for construction. These will Pursuant to the Development Code a Shared Parking Analysis was completed for the subject site and approved by the City's Traffic Engineer substantiating adequate (o) The proposed entitlement has been reviewed in compliance The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the 5 Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject (a) The project shall substantially conform to site plan, and floor plans collectively labeled as Exhibit "A" dated June (b) The shopping center site shall be maintained in a condition that is free of debris both during and after the implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to 6 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. BUILDING AND SAFETY (c) Plans shall meet all A -3 -occupancy (d) The structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and (e) Men's and Women's restrooms shall be provided if the restaurant establishment employs four or more employees at any given time. (g) The restroom access doors shall be clearly marked with symbols. (h) One seating space in the restaurant patron area shall be provided for handicap use. PLANNING (i) The Applicant shall obtain approvals and comply with the requirements of the Fire Department, Los Angeles County Business License Department, Los Angeles County Health Department, and City Planning, Building and Safety, and Public Works Divisions. The Applicant shall be in compliance with all requirements of said agencies at all times and receive all licenses, permits/inspection, and approvals prior to opening the restaurant. Prior to the issuance of any City permits, the owner shall agree to a Shared Parking and Access Agreement with all four parcels of Parcel Map 10337. The Shared Parking and Access Agreement running with the land, approved by the city, shall be recorded by the owner, guaranteeing the continued (k) Employees of the restaurant shall utilize parking in the rear of the shopping center. (1) Applicant shall have seating for no more than 38 patrons. (m) Regular hours of operation shall be between 5:30 p.m. and 10:00 p.m. daily. Special event operating hours shall be (n) Prior to business opening, Applicant shall obtain City approvals (o) Prior to business opening, Applicant shall obtain building permits for interior tenant improvements. (p) New rooftop venting and equipment visible from the street shall be screened. All venting or exterior equipment required for this project shall be at the rear of the building on the side of the freeway. All venting and equipment shall be screened, all shall (q) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one(1) year extension 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 (r) 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 and agree to accept all the conditions of this (s) 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 The Planning Commission (a) Certify to the adoption of this Resolution; (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Nathaniel Williams, 3029 Wilshire Blvd. #202, Santa Monica, CA 90703 and Akbar Ali, 8481 Holder Street, Buena Park, CA 90620. APPROVED AND ADOPTED THIS THE 12th DAY OF JUNE 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Bob Zirbes, Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of AYES: Nelson, Kuo, WC Ruzicka, Chair Zirbes NOES: ABSENT: Tye ABSTAIN: ATTEST: Wames DeSvfaOno.,'