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HomeMy WebLinkAboutPC 2003-24PLANNING COMMISSION RESOLUTION NO. 2003-24 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMI SION APPROVING DEVELOPMENT REVIEW NO. 2003-92, INOR CONDITIONAL USE PERMIT NO. 2003-10, AND CATEG�O ICAL EXEMPTION, A REQUEST FOR A LAND USE INTENSIFICATI N IN THE COMMERCIAL CENTER'S RETAIL SUITES OF 1,400 SQUARE FEET TO A RESTAURANT USE WITH OUTDOOR DINING THE PROJECT ADDRESS IS 1221/1223 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Diamond Bar Grand LLC, and applicant/agent, Sun min Won, have filed an application to approve Development Review No. 2003-12, Minor Conditional Use Permit No. 2003-10, and Categorical Exemption, r a property located at 1221/1223 Diamond Bar Boulevard, Diam nd Bar, Los Angeles County, California, as described in the title of thi Resolution. Hereinafter in this Resolution, the subject Development Review, M nor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On July 24, 2003, 571 property owners within the project si e's 700 eet radius were mailed a public hearing notification and three other ublic pl e:, in the application's vicinity were posted. On July 29, 2003, his prof is public hearing notification was made in the San Gabriel Valley Tribune nd the Inland Valley Daily Bulletin newspapers, and the public h aring noice was posted at the site on a display board. 3. On August 12, 2003, the Planning Commission of the City of conducted and concluded a duly noticed public hearing on th B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of�he facts forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identi ted above in this Resolution is Categorically Exempt from the requirement of the California Environmental Quality Act of 1970 (CEQA) an J guidelir es 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 address is 1221/1223 Diamond Bar Boulevard. The project's suite is in a 6.76 acre existing shopping center at the southwest comer of Diamond Bar Boulevard and Grand Avenue. The shopping center has a reciprocal parking and access agreement for the five lots/parcels. (b) The project's General Plan land use designation is General Commercial (C) and is zoned Unlimited Commercial -Billboard Exclusion (C -3 -BE). (c) The following zones and uses surround the project site: Unlimited Multiple Residence -Minimum Lot Size -8,000 square feet -25 units per acre (R -3-8000-25U) Zone is to the north and west; and the Unlimited Commercial (C -3 -BE Zone) is to the south and east. (d) ' The Application is a request for a land use intensification in the commercial center's retail suites of 1,400 square feet to a restaurant use with outdoor dining. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are 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's General Plan land use designation is General Commercial (Q. This land use designation provides for regional, 2 1 D freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a retail commercial us6 and is consistent with the General Plan. There is no change to the building's exterior and the current ite's architectural style, construction materials and colors re coni tent and compatible with the surrounding commercial sites. An exi ting outdoor dining use is located nearby. An outdoor dins area w ll be created on the sidewalk facing Diamond Bar Boulevard while le ving ample pedestrian path of travel. As amended herein, 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 wi 1 not into ere with the use and enjoyment of neighboring exists g or f ure development, and will not create traffic or pedestrian hazards . The project site is zoned Unlimited Commercial -Billboard Exclu ion (C -3 -BE). The C-3 Zone permits a restaurant service and with the appropriate approvals outdoor dining. There is no change to the building's exterior and the current site's architectural s le, construction materials, and colors are consistent and compatible with the surrounding commercial sites. An existing outdoor dining use is nearby. An existing outdoor dining use is located nearby. An outc foor dining area will be created on the sidewalk facing blamiond Bar Boulevard, while leaving ample pedestrian path of travel, As amended herein, the current site is adequate in size an shape to accommodate the use, the parking and loading facilities landscaping and other development features prescribed in the ode, of as required in order to integrate said use with the uses in thsurroun ing area. Grand Avenue and Diamond Bar Boulevard adequately serve the project site. Grand Avenue and Diamond Bar Boulevard are designed to provide an ingress/egress to the project site and to andle traffic created by this type of development. Therefore, the desi In and la out will not interfere with the use and enjoyment of neighborsg existin or future development, and will not create traffic or pedes an haz rds (g) The architectural design of the proposed development is comps with the characteristics of the surrounding neighborhood and maintain and enhance the harmonious, orderly arid attrac development contemplated by Chapter 22.48, the General Plan,. Design Guidelines, or any applicable specific plan. 3 There are no changes proposed in the architectural design of the project site's existing retail shopping center. The site's current architectural exterior design is consistent with the City's Development Review standards in that the project has an orderly and harmonious appearance to the existing structures, existing and new outdoor dining areas, parking area, landscaping, and has an existing architectural design that is compatible with the surrounding commercial uses. (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 (f) and (g), the project site's current exterior design and outdoor dining areas are consistent with the applicable elements of the General Plan and development standards of the zone through its design, use of materials, colors, and landscaping. 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. (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. Structural plan check, City permits, inspections, Fire Department and Health Department approvals are required for construction. These processes 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. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the Califomia Environmental Quality Act (CEQA), Section 15301(a). MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject zoning district with approval of a Minor Conditional Use Permit and complies with all 4 other applicable provisions of this Development Municipal Code. e andl the In accordance with Diamond Bar's Municipal Code, C Japter 22. 10: Table 2-6, the proposed restaurant with outdoor din. ng1seatir g is permitted in the C-3 Zone with the review and approt al of a h linor Conditional Use Permit. As conditioned, the proposed u se will co ply with all other applicable provisions of the Developmen Code. (f) The proposed .use is consistent with the General Flan and any applicable specific plan. The project site's land use designation is General Commercial (C). This land use designation provides for regional, freeway ofier, ted, and/or community retail and service commercial uses. Theproposed project is considered a retail use and is consistent with the Ger era) Plan. There is no applicable specific plan. (m) The design, location, size and operating characte istics of the proposed use are compatible with the existing and futur land us sin the vicinity. A portion of the sidewalk facing Diamond Bar Boulevar wi0 be an outdoor dining area. There is an existing outdoa dining nearby the proposed use. The creation of the outdoor d ning are not substantially alter the center's physical appearance. Opej characteristics will be compatible with the existing and future uses in the vicinity as conditioned through the MinorCo ditiona Permit process. (n) The subject site is physically suitable for the type and density of use being proposed including access, provision of compatibility with adjoining land uses, and the absence of constraints. There is an existing outdoor dining area nearby and the additional outdoor dining area on the sidewalk facing Boulevard will not substantially alter the center's physica The site is physically suitable for the type and densitylin being proposed including access, provision of utilities, with adjoining land uses, and the absence of physical Furthermore, the project site contains an adequate number of spaces needed for the proposed use and other tenants as regi Municipal Code 22.30.040, Table 3-10. Therefore, the ubjk 5 of will FN§ by is 5 physically suitable for the type and densitylintensity of use being proposed.. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. Structural plan check, City permits, inspections, Fire Department, and Health Department approvals are required. These processes and operational conditions listed within this resolution indicate that the granting of the 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. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15301(a). 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 August 12, 2003, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that 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 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) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. EP PUBLIC WORKS/BUILDING AND SAFETY (d) The applicant shall be responsible for acquiring the appropriate industrial waste permits with Los Angeles County and obtain approval from the Los Angeles County for the grease trap. Additionally, the applicant shall conform to the NPDES requirements for food waste disposal and Health Department requirements for food service. (e) The single-family structure shall meet the 2001 Calif rnia Co es: Uniform Building Code, Uniform Plumbing Code, Unifor Mechanical Code, and the 2001 National Electrical Code requirem nts. PLANNING (f) Pians shall meet all B -2 -occupancy requirements. (g) Applicant shall comply with State Handicap Accessibili Regulat ons (i.e., van parking, shortest route to accessible entrance, shoitesi pedestrian route to the closest pedestrian entrance, restroc ms, ramps, distance in service area, aisles, etc.). (h) Men's and Women's restrooms shall be provided if the reste establishment employs four or more employees at any given ti (i) The existing restroom shall meet current handicap requirements. 0) The restroom access doors shall be clearly marked (k) One seating space in the restaurant patron area shall b providl for handicap use. (1) Applicant shall obtain Health Department approval. (m) Prior to the issuance of any construction permits, theapplicant qhall submit construction pians to the Los Angeles County Fir Depart ent for review and approval. (n) The applicant shall comply with the requirements of the fire Department; City Planning, Building and Safety, and ublic Wrks Divisions. (o) Hours of operation shall be between 5:30 a.m. to 11:30 .m., MI through Thursday, and until 5:30 a.m. to 12:00 a.m., F iday th Sunday. 7 (p) Alcoholic beverages, and/or entertainment are not a part of this approval process and shall not be provided. (q) Owner/Applicant shall redesign the outdoor dining plan to eliminate tables and chairs on the sidewalk facing Grand Avenue. (r) Owner/Applicant shall redesign the outdoor dining pian to include the following and submit the plan to the Planning Division for approval: 1. Design a protective barrier to be reviewed and approved by the Building Official for tables and chairs on the Grand Avenue side of the building; 2. Design outdoor dining on the Grand Avenue side of the building which shall maintain the existing pedestrian walkway; 3. Design outdoor dining area on Diamond Bar Boulevard side of the building which shall not extend beyond the columns of the existing overhang; 4. Install concrete bumper strips in the parking stalls adjacent to the sidewalk of the subject revisions to prevent overhang on the pedestrian walkway; 5. Applicant shall maintain the designed pedestrian right-of-way at all times so that tables and chairs do not interfere with pedestrian travel. (s) Umbrella span and use shall not extend into pedestrian path of travel. (t) 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. (u) This grant shall not be effective for any purpose until the permittee and owners of the property involved (if othef 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. (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 n in connection with Fish and Game Code requirements. Furthermc re, 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 arid 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 owner, Diamond Bar Grand LLC, 2717 W. Coast Highway, Diamond Bar, CA 91765, applicant(agent, Sunmin on, 364 E. Trabuco Canyon, Brea, CA 92821. APPROVED AND ADOPTED THIS 12th DAY OF AUGUST 2003, BY THE PLANKING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve ye, Chairm [, James DeStefano, Planning Commission Secretary, do hereby certify that the foreg Ding Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of August 2003, by the following vote: AYES: Commissioner: Ruzicka, VC/Nolan, Nelson, Chair ye NOES: Commissioner: Tanaka ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Jam DeStefan , Secretary 1 'LANNING COMMISSION RESOLUTION NO. 2003-24 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2003- 12, INOR CONDITIONAL USE PERMIT NO. 2003-10, AND CATEGO ICAL EXEMPTION, A REQUEST FOR A LAND USE INTENSIFICATI N IN THE COMMERCIAL CENTER'S RETAIL SUITES OF 1,400 SO ARE FEET TO A RESTAURANT USE WITH OUTDOOR DINING THE PROJECT ADDRESS IS 1221/1223 DIAMOND BAR BOULE ARD, DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Diamond Bar Grand LLC, and applicant/agent, Sui Won, have filed an application to approve Development Review No. 2 200; Minor Conditional Use Permit No. 2003-10, and Categorical - Exemption, property located at 1221/1223 Diamond Bar Boulevard, Diam nd Bar, Angeles County, California, as described in the title of this Resolu Hereinafter in this Resolution, the subject Development Review, N Conditional Use Permit, and Categorical Exemption shall a be r ferred t the "Application." 2. On July 24, 2003, 571 property owners within the project si e's 700 radius were mailed a public hearing notification and three other public pic in the application's vicinity were posted. On July 29, 2003, 'his proj( public hearing notification was made in the San Gabriel Valley Tribune the Inland Valley Daily Bulletin newspapers, and the public haring n( was posted at the site on a display board. 3. On August 12, 2003, the Planning Commission of the City of conducted and concluded a duly noticed public hearing on th B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of -he facts forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project i( above in this Resolution is Categorically Exempt from the req iren the ° California Environmental Quality Act of 1970 (CEQA) an gu 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 address is 1221/1223 Diamond Bar Boulevard. The project's suite is in a 6.76 acre existing shopping center at the southwest comer of Diamond Bar Boulevard and Grand Avenue. The shopping center has a reciprocal parking and access agreement for the five lots/parcels. (b) The project's General Plan land use designation is General Commercial (C) and is zoned Unlimited Commercial -Billboard Exclusion (C -3 -BE). (c) The following zones and uses surround the project site: Unlimited Multiple Residence -Minimum Lot Size -8,000 square feet -25 units per acre (R -3-8000-25U) Zone is to the north and west; and the Unlimited Commercial (C -3 -BE Zone) is to the south and east. (d) The Application is a request for a land use intensification in the commercial center's retail suites of 1,400 square feet to a restaurant use with outdoor dining. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are 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's General Plan land use designation is General Commercial (C). This land use designation provides for regional, K freeway oriented, and/or community retail and servic uses. The proposed project is considered a retail grcial use coma is consistent with the General Plan. There is no change to the building's exterior and the current ite's architectural style, construction materials and colors re consi tent and compatible with the surrounding commercial site ;, An exi ting outdoor dining use is located nearby. An outdoor dinir area w 11 be created on the sidewalk facing Diamond while le ving BarBoulevard ample pedestrian path of travel. As e design and amended herein, tl layout of the proposed project is consistent with ti elements of the City's General Plan (f) The design and layout of the proposed development will not it with the use and enjoyment of neighboring existilh-g or development, and will not create traffic or pedestrian h ard; The project site is zoned Unlimited Commercial-Billbo, (C -3 -BE). The C-3 Zone permits a restaurant service appropriate approvals outdoor dining. There is no c and with the building's exterior and the current site's archite range to the construction materials, and colors are consistent and aural style, cc the surrounding commercial sites. An existing , ppatible outdoor nearby. An existing outdoor dining use is with dining located nearb dining area will be created on the use is An sidewalk facing 1 Boulevard, while leaving ample outdoor pedestrian path of travel herein, the current site is Diamond adequate in size an accommodate the use, the Bar Asame parking and loading facilities and other development ed Y shape features prescribed in the required in order to to integrate said use with the uses in 1A area. landscaping 'ode, o as surrounding Grand Avenue and Diamond Bar Boulevard adequato ly serve the project site. Grand Avenue and Diamond Bar are desig ed Boulevard to provide an ingress/egress to the project candle site and to created by this type of development. traffic In and Therefore, the desi, will not interfere with the use and layout rg enjoyment of neighboh future development, and will existin or Jan hazards (g) The architectural design of the proposed development with _ compat the characteristics of the surrounding neighborl maintain and enhance the harmonious, orderly development ill d ble od and and illattrac contemplated by Chapter 22.48, the Gen ve al Plan, resign Guidelines, or any applicable specific plan 3 There are no changes proposed in the architectural design of the project site's existing retail shopping center. The site's current architectural exterior design is consistent with the City's Development Review standards in that the project has an orderly and harmonious appearance to the existing structures, existing and new outdoor dining areas, parking area, landscaping, and has an existing architectural design that is compatible with the surrounding (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 (f) and (g), the project site's current exterior design and outdoor dining areas are consistent with the applicable elements of the General Plan and development standards of the zone through its design, use of materials, colors, and landscaping. 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 (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. Structural plan check, City permits, inspections, Fire Department and Health Department approvals are required for construction. These processes 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. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15301(a). MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject zoning district with approval of a Minor Conditional Use Permit and complies with all CI other applicable provisions of this Development Code and the Municipal Code. In accordance with Diamond Bar's Municipal Code, apter 2110: Table 2-6, the proposed restaurant with outdoor dinhglseati g is permitted in the C-3 Zone with the review and approval of a Minor Conditional Use Permit. As conditioned, the proposed a will co ply with all other applicable provisions of the Development Code. (1) The proposed use is consistent with the General Flan an � any ap�lic�ble specific plan. The project site's land use designation is General C mmerci I ( This land use designation provides for regional, freeway ori tE and/or community retail and service commercial uses. he pro 0 s project is considered a retail use and is consistent 1vit the Ge e Plan. There is no applicable specific plan. (m) The design, location, size and operating charact ristics c proposed use are compatible with the existing and ftur land the vicinity. t A portion of the sidewalk facing Diamond Bar Boulevar (n) The subject site is physically suitable for the type and de sity of use being proposed including access, provisio of compatibility with adjoining land uses, and the absence of constraints. There is an existing outdoor dining area nearby and the addition Wan additional outdoor dining area on the sidewalk facing Diamond ar Boulevard will not substantially alter the center'sphysica appears ce. The site is physically suitable for the type and densitylin ens. %ty of se being proposed including access, provision of utilities, compati ility with adjoining land uses, and the absence of physical onstraint ; Furthermore, the project site contains an adequate number of parking spaces needed for the proposed use and other tenants require by Municipal Code 22.30.040, Table 3-10. Therefore, the subject si is n outdoor dining area. There is an existing outdoo dining ea earby the proposed use. The creation of the outdoor di ing are 1will of substantially alter the center's ohvsical aooearanc I. Oopr Vir haracteristics will be compatible with the existing an Ifuture land ses in the vicinity as conditioned through the Minor Co ditiona/ he ermit arocess. (n) The subject site is physically suitable for the type and de sity of use being proposed including access, provisio of compatibility with adjoining land uses, and the absence of constraints. There is an existing outdoor dining area nearby and the addition Wan additional outdoor dining area on the sidewalk facing Diamond ar Boulevard will not substantially alter the center'sphysica appears ce. The site is physically suitable for the type and densitylin ens. %ty of se being proposed including access, provision of utilities, compati ility with adjoining land uses, and the absence of physical onstraint ; Furthermore, the project site contains an adequate number of parking spaces needed for the proposed use and other tenants require by Municipal Code 22.30.040, Table 3-10. Therefore, the subject si is physically suitable for the type and densityrn tensity of use being proposed. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. Structural plan check, City permits, inspections, Fire Department, and Health Department approvals are required. These processes and operational conditions listed within this resolution indicate that the granting of the 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. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation has determined that this projectis categorically exempt pursuant to the guidelines of the California Environmental Quality Act (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 August 12, 2003, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that 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 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) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. PUBLIC WORKS/BUILDING AND SAFETY »_1010110 (d) The applicant shall be responsible for acquiring the approp iate industrial waste permits with Los Angeles County and obtain app oval from the Los Angeles County for the grease trap. Additionally, the applicant shall conform to the NPDES requirements for food waste disposal and Health Department requirements for food (e) The single-family structure shall meet the 2001 Uniform Building Code, Uniform Plumbing Code, I Code, and the 2001 National Electrical Code req (f) Plans shall meet all B -2 -occupancy requirements. (g) Applicant shall comply with State Handicap Acce (i.e., van parking, shortest route to accessible pedestrian route to the closest pedestrian er ramps, distance in service area, aisles, etc.). (h) Men's and Women's restrooms shall be provided if establishment employs four or more employees at ar (i) The existing restroom shall meet current handicap requirements. Q) The restroom access doors shall be clearly marked (k) One seating space in the restaurant patron area shall handicap use. (1) Applicant shall obtain Health Department approval. (m) Prior to the issuance of any construction permits, the submit construction plans to the Los Angeles County F for review and approval. (n) The applicant shall comply with the requirements I of the Department; City Planning, Building and Safety, and-1public V Divisions. (o) Hours of operation shall be between 5:30 a.m. to 11:30 through Thursday, and until 5:30 a.m. to 12:00 a.m., Sunday. 7 fo (p) Alcoholic beverages, and/or entertainment are not a part of this approval process and shall not be provided. (q) Owner/Applicant shall redesign the outdoor dining plan to eliminate tables and chairs on the sidewalk facing Grand Avenue. (r) Owner/Applicant shall redesign the outdoor dining plan to include the following and submit the plan to the Planning Division for approval: 1. Design a protective barrier to be reviewed and approved by the Building Official for tables and chairs on the Grand Avenue side of the building; 2. Design outdoor dining on the Grand Avenue side of the building which shall maintain the existing pedestrian walkway; 3. Design outdoor dining area on Diamond Bar Boulevard side of the building which shall not extend beyond the columns of the existing overhang; 4. Install concrete bumper strips in the parking stalls adjacent to the sidewalk of the subject revisions to prevent overhang on the pedestrian walkway; 5. Applicant shall maintain the designed pedestrian right-of-way at all times so that tables and chairs do not interfere with pedestrian travel. (s) Umbrella span and use shall not extend into pedestrian path of travel. (t) 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. (u) This grant shall not be effective for any purpose until the permittee and owners 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. (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 E3 in connection with Fish and Game Code requirements. urtherm re, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish an 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 Plalning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Fort with transmit a certified copy of this Resolution b certified mail to owner, Diamond Bar Grand LLC, 2717 W. Cost High ay, Diamond Bar, CA 91765, applicant/agent, Sunmin on, 36 E. Trabuco Canyon, Bi ea, CA 92821. APTROVED AND AgOPTED THIS 12th DAY OF AUGUST 2003, BY THII PLANING COMMISSION OF THE CITY OF DIAMOND BAR. I, J< Re: Cor By: Steve mes DeStefano, F olution was duly it emission held on 0 YES: , Chairm tanning Commission Secretary, do hereby certify that the f troduced, passed, and adopted, at a regular meeting o the e 12th day of August 2003, by the following vote: Ruzicka, VC/Nolan, Nelson, Tanaka ATTEST: --/Jam93 Destefan , Secretary JOES: ommissioner: ABSENT: ommissioner: ABSTAIN: ommissioner: A"