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HomeMy WebLinkAboutPC 2003-251 A. 1 B. 1 PLANNING COMMISSION RESOLUTION NO. 2003-25 A RESOLUTION OF THE DIAMOND BAR PLANNING COMM SSION APPROVING DEVELOPMENT REVIEW NO. 2003-16, WINOR CONDITIONAL USE PERMIT NO. 2003-11, AND CATEGC RICAL EXEMPTION, A REQUEST FOR A LAND USE INTENSIFICAT1 NINA COMMERCIAL CENTER'S RETAIL SUITE OF 1,149 SQUAD FEET FROM A TAKE OUT USE TO A USE WITH INDOOR AND OLS DOOR SEATING. THE PROJECT ADDRESS IS 1127 GRAND A ENUE, DIAMOND BAR, CALIFORNIA. RECITALS 1. The property owner, Diamond Bar Grand LLC, and applicIa t/ageni Hamilton, Cold Stone Creamery, have filed an applicati : on to ap Development Review No. 2003-16, Minor Conditional Use F No. 2003-11, and Categorical Exemption, for a property located at 11 Grand Avenue, Diamond Bar, Los Angeles County, California,as desc in the title of this Resolution. Hereinafter in this Resolutio , the st Development Review, Minor Conditional Use Permit, anc Categ Exemption shall be referred to as the "Application." 2. On July 24, 2003, 571 property owners within the project s e's 700 radius were mailed a public hearing notification and three other public pl in the application's vicinity were posted. On July 29, 2003',, this prof public hearing notification was made in the San Gabriel Vallev Tribune the Inland Valley Daily Bulletin newspapers, and the public hearing ni was posted at the site on a display board. 3. On August 12, 2003, the Planning Commission of the City of Diamond conducted and concluded a duly noticed public hearing on toe Applica RESOLUTION NOW, THEREFORE, it is found, determined and resolved by 't a Plan Commission of the City of Diamond Bar as follows: Ken S. 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 projem identif ed above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) a0d guidelir es Promulgated thereunder. This is pursuant to Section 15301(a) of Article 1 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 1127 S. Grand Avenue. The project's suite is in a 6.76 acre existing shopping center at the southwest corner 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 a commercial center's retail suite of 1,149 square feet from a take out use to a use with indoor and outdoor seating. DEVELOPMENT REVIEW (e) The design and layout of the proposed 'development are consistent with the General Pian, 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, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a retail commercial use and is consistent with the General Plan. 2 There is no change to the building's exterior and the current site's architectural style, construction materials and colors are consistent and compatible with the surrounding commercial sit s. An a 'sting outdoor dining use is next to this request. The parkin I lot has been stripped accordingly. As amended herein, the design a d layout f the proposed project is consistent with the applicable elements of the City's General Plan and Design Guidelines. (f) The deign and layout of the proposed development li not int rfere with the use and enjoyment of neighboring exi8 g g development, and will not create traffic or hazards. in or future g pedestrian The pndect site is zoned Unlimited Commercial -Bill, c and Excl sion (C -3 -BE). The C-3 Zone permits a restaurant servioe and with the appropriate approvals outdoor dining. There is no' change to the building's exterior and the current site's arch it (tura) tyle, construction materials, and colors are consistent and ornpatible with the surrounding commercial sites. An existing outdobi, dining u 5e is next to this request. The parking lot has been stripped, iccording rly to accommodate the use. By adding additional) sidewa[A to accommodate pedestrians, the current site is adegr�a a in size and shape to accommodate the use, the parking and I60 landscaping ing facil, ties, and other development features prescribe I in the 0:46, or as required in order to integrate said use with the uses ir the surrounding area. Grand Avenue and Diamond Bar Boulevard adeq, project site. GrandA venue and Diamond Bar Boulev to provide an ingress/egress to the project site and created by this type of development. Therefore, the a will not interfere with the use and enjoyment of neighl future development, and will not create traffic or Dec (g) The architectural design of the proposed developmE with the characteristics of the surrounding neighb maintain and enhance the harmonious, orderly development contemplated by Chapter 22.48, the Gi Design Guidelines, or any applicable specific plan. There are no changes proposed in the architectural project site's existing retail shopping center. The architectural exterior design is consistent with the City,, Review standards in that the project has an orderly ar appearance to the existing structures, existing outdo( parking area, landscaping, and has an existing archin that is compatible with the surrounding commercial us 3 serve the e desic ned ndle tr a ffic and la fout exisfir g or to hazz rds ,ompa ble d and will attrac tive Plan, ity ign of he 's cur nt (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 area 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. 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 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 other applicable provisions of this Development Code and the Municipal Code. In accordance with Diamond Bar's Municipal Code, Chapter 22.10: Table 2-6, the proposed restaurant with outdoor dining/seating is permitted in the C-3 Zone with the review and approval of a Minor Conditional Use Permit. As conditioned, the proposed use will comply with all other applicable provisions of the Development Code. 4 (!) The proposed use is consistent with the General Plan and any applicable specific pian. The project site's land use designation is General C mmerci 1(C). This land use designation provides for regional, fre way oriented, and/or community retail and service commercial uses. The pro osed project is considered a retail use and is consistent with the General Plan. There is no applicable specific plan. (m) The design, location, size and operating charact ns#ics 01 the proposed use are compatible with the existing and futua land u es in the vicinity. The sidewalk and outdoor dining area will be altered. There an existing outdoor dining area next to the proposed use', he exter sion of the outdoor dining area will not substantially aler the cer tees Physical appearance. Operating characteristics will be compatiblel compatiblewith the existing and future land uses in the vicinity as conr11 'oned thr ugh the Minor Conditional Use Permit process. (n) The subject site is physically suitable forthe type and de isi4 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 next to the prop sed use 2nd the extension of this area to accommodate additional Outdoordining will not substantiallyalter the center's physical appeara 7ce. Thes" a is Physically suitable for the type and denSitylintensity of use being proposed including access, provision of utilities, co atibility ith adjoining land uses, and the absence of physical cont aints: Furthermore, the project site contains an adequate numt erof parA ing spaces needed for the proposed use and other tenants as requirec I by Municipal Code 22.3o. 040, Table 3-10. Therefore, the s vbject sit is Physically suitable for the type and density/intensity ef use be ng 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 improvehi nts int e vicinity and zoning district in which the property is locates . Structural plan check, City permits, inspections, Fire Dep rtment, Health Department approvals are required These pro esses operational conditions listed within this resolution indi� to that granting of the Minor Conditional Use Permit will not be triment 5 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). 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 (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 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements. 6 (f) Plans shall meet all B -2 -occupancy requirements. (g) Applicant shall comply with State Handicap AccessibilityRegulations (i.e. van parking, shortest route to accessible entrance, sh rtest pedestrian route to the closest pedestrian entrane, rest r ams, ramps, distance in service area, aisles, etc.). (h) Men's and Women's restrooms shall be provided if the restaurant establishment employs four or more employees at any given tine. (i) The existing restroom shall meet current handica accesE ibility requirements. (j) The restroom access doors shall be clearly marked (k) One seating space in the restaurant patron area shalla provid d for handicap use. If (1) Applicant shall obtain Health Department approval. (m) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fi re Depart ent for review and approval. (n) The applicant shall comply with the requirementE of the Fire Department; City Planning, Building and Safety, and Publicorks Divisions. PLANNING (o) Hours of operation shall be between 11:00 a.m, and 10:00 p.m. Sunday through Thursday and until 11:00 p.m. o6 Friday and Saturday. (p) Alcoholic beverages, and/or entertainment are not it part of this approval process and shall not be provided. (q) Owner/Applicant shall redesign the outdoor dining plan to extenc the existing area to include the following and submit to the Plan ing Division for approval: 1. Remove an additional parking space in front of the Cold Stone and extend parking lot white stripping to include the Cold Slone frontage; 2. Install additional sidewalk for a minimum five (5) fe t pedes rian sidewalk (5 feet from the curb); 3. Design a protective barrier to be reviewed and apr roved by the Building Official so that a five (5) feet walkway is provide for pedestrians; 7 4. Add additional potted plants (like the existing potted plants in the parking lot) to prevent vehicle parking in the enlarged area; 5. Install a concrete bumper strip in the parking stall south of the subject revisions to prevent overhang on the pedestrian walkway; 6. Paint new curb red. (r) Umbrella span and use shall not extend into pedestrian path of travel. {s) 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 Deputy City Manager 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. (t) 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.m (u) 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 owner, Diamond Bar Grand LLC, 2717 W. Coast Highway, Diamond Bar, CA 91765, applicant/agent, Ken Hamilton, Cold Stone Creamery, 1127 S. Grand Avenue, Diamond Bar, CA 91765. E-1 n 1 1 APPROVED AND ADOPTED THIS 12th DAY OF AUGUST 2003, BY COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Tye, Chair an E PLANNING 1, James DeStefano, Planning Commission Secretary, do hereby certify that the i Resolution was duly introduced, passed, and adopted, at a regular meeting of the Commission held on the 12th day of August 2003, by the following vote: AYES: Commissioner: Nelson, Ruzicka, Tanaka, V/C Nolan, C/Tye NOES: Commissioner: None ABSENT: Commissioner: None ABSTAIN: Commissioner: None ATTEST: 401P JarnWs DeStefa o, Secretary ng ng PLANNING COMMISSION RESOLUTION NO. 2003-25 A RESOLUTION OF THE DIAMOND BAR PLANNING COMM SSION APPROVING DEVELOPMENT REVIEW NO. 2003-16, INOR CONDITIONAL USE PERMIT NO. 2003-11, AND CATEG RICAL EXEMPTION, A REQUEST FOR A LAND USE INTENSIFICATION IN A COMMERCIAL CENTER'S RETAIL SUITE OF 1,149 SQUARE FEET FROM A TAKE OUT USE TO A USE WITH INDOOR AND OU DOOR SEATING. THE PROJECT ADDRESS IS 1127 GRAND Ik ENUE, DIAMOND BAR, CALIFORNIA. A. B. RECITALS The property owner, Diamond Bar Grand LLC, and appliaant/ageni Hamilton, Cold Stone Creamery, have filed an application to ap Development Review No. 2003-16, Minor Conditional Use F No. 2003-11, and Categorical Exemption, for a property locat d at 11 Grand Avenue, Diamond Bar, Los Angeles County, California as desc in the title of this Resolution. Hereinafter in this Resolutio , the sL Development Review, Minor Conditional Use Permit, an Categ Exemption shall be referred to as the "Application." 2. On July 24, 2003, 571 property owners within the project !se's 700 radius were mailed a public hearing notification and three other public pl in the application's vicinity were posted. On July 29, 2003'.,, his proj public hearing notification was made in the San Gabriel Valle Tribune the Inland Valley Daily Bulletin newspapers, and the public hearing ni was posted at the site on a display board. 3. On August 12, 2003, the Planning Commission of the City of iamond conducted and concluded a duly noticed public hearing on to Applica RESOLUTION NOW, THEREFORE, it as found, determined and resolved by Commission of the City of Diamond Bar as f II Ken S. 0 ows. 1. The Planning Commission hereby specifically finds that all of he facts et forth in the Recitals, Part A, of this Resolution are true and cor ect. 2. The Planning Commission hereby determines that the proje identified 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 1 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 1127 S. Grand Avenue. The project's suite is in a 6.76 acre existing shopping center at the southwest corner 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 a commercial center's retail suite of 1,149 square feet from a take out use to a use with indoor and outdoor seating. 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, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a retail commercial use and is consistent with the General Plan. 2 There is no change to the building's exterior and th, architectural style, construction materials and colors and compatible with the surrounding commercial site outdoor dining use is next to this request. The parkin stripped accordingly. As amended herein, the design a proposed project is consistent with the applicable b, City's General Plan and Design Guidelines. (f) The de s sign and layout of the proposed development —n with the use and enjoyment of neighboring exiS development, and will not create traffic or pedestrian I The prdject site is zoned Unlimited Commercial-Billi (C -3 -BE). The C-3 Zone permits a restaurant servi appropriate approvals outdoor dining. There is no building's exterior and the current site's arcl construction materials, and colors are consistent and the surrounding commercial sites. An existing outdo next to this request. The parking lot has been strippe, accommodate the use. By adding additional accommodate pedestrians, the current site is adegL shape to accommodate the use, the parking and Ic landscaping and other development features prescrit or as required in order to integrate said use with 1 surrounding area. Grand Avenue and Diamond Bar Boulevard adeqi projectsite. GrandAvenueandDiamond BarBoulev. to provide an ingress/egress to the project site and created by this type of development. Therefore, the a will not interfere with the use and enjoyment of neighl future development, and will not create traffic or Dec (g) The architectural design of the proposed developrr with the characteristics of the surrounding neigh maintain and enhance the harmonious, orderl development contemplated by Chapter 22.48, the Design Guidelines, or any applicable specific plan. There are no changes proposed in the architectura project site's existing retail shopping center. The architectural exterior design is consistent with the City Review standards in that the project has an orderly a, appearance to the existing structures, existing outdo parking area, landscaping, and has an existing archi, that is compatible with the surrounding commercial ua ;. An a 'sting lot has been d layout f the —ments f the I not int rfere ig or future azards. ird Excl sion and wit the range t the mpatibl with dining u ;e is —ccordin ly to sidewal to e in size and Ing facil ties, in the C de, uses i the ply serve the are desi ned candle t ffic In and la out rg existi or rian haz rds I compa ble )od and will d attractive al Plan, (pity ,sign of Ithe 3 (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 area 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. 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 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 other applicable provisions of this Development Code and the Municipal Code. In accordance with Diamond Bar's Municipal Code, Chapter 22.10: Table 2-6, the proposed restaurant with outdoor dininglseating is permitted in the C-3 Zone with the review and approval of a Minor Conditional Use Permit. As conditioned; the proposed use will comply with all other applicable provisions of the Development Code. 4 (I) The proposed use is consistent with the General Plan applicable specific plan. The project site's land use designation is General C mme This land use designation provides for regional, fre way and/or community retail and service commercial uses. The E project is considered a retail use and is consistent with the Plan. There is no applicable specific plan. (m) The design, location, size and operating characteristics proposed use are compatible with the existing and futu Ia land the vicinity. The sidewalk and outdoor dining area will be altered There existing outdoor dining area next to the proposed use': he exts of the outdoor dining area will not substantially aloe the ce physical appearance. Operating characteristics will be p mpatibl the existing and future land uses in the vicinity as coni tined th, the Minor Conditional Use Permit process. (n) The subject site is physically suitable for the type and a sit, of use being proposed including access, provisi of compatibility with adjoining land uses, and the abser of constraints. There is an existing outdoor dining area next to the prop sed use the extension of this area to accommodate additional tdoor do will not substantially alter the center's physical appeara e.Them physically suitable for the type and densityMtensityo f use b4 proposed including access, provision of utilities, compatibility adjoining land uses, and the absence of physical const aints: any (C). the s in an is Furthermore, the project site contains an adequate nun, erof pa hg spaces needed for the proposed use and other tenants require by Municipal Code 22.30. 040, Table 3-10. Therefore, the s bjectsit is physically suitable for the type and density/intensity f use be ng proposed. (o) Granting the Minor Conditional Use Permit will not be d trimenti the public interest, health, safety, convenience or welfare, materially injurious to persons, property or improvetln.nt snts in vicinity and zoning district in which the property is locatie . Structural plan check, City permits, inspections, Fire Department. Health Department approvals are required. These pro esses i operational conditions listed within this resolution indib to that granting of the Minor Conditional Use Permit will not be d triments to 5 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. 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 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements. 6 (f) Plans shall meet all B -2 -occupancy requirements. (g) Applicant shall comply with State Handicap Acces: (i.e. van parking, shortest route to accessible e pedestrian route to the closest pedestrian enti ramps, distance in service area, aisles, etc.). (h) Men's and Women's restrooms shall be provided if Ithe res establishment employs four or more employees at an given (i) The existing restroom shall meet current requirements. (j) The restroom access doors shall be clearly marked (k) One seating space in the restaurant patron area shall I e provid d for handicap use. (I) Applicant shall obtain Health Department approval. (m) Prior to the issuance of any construction permits, the pplicant shall submit construction plans to the Los Angeles County Fi Depart ent for review and approval. (n) The applicant shall comply with the requirement of the Fire Department; City Planning, Building and Safety, and Public orks Divisions. PLANNING (o) Hours of operation shall be between 11:00 a.m. a 10:00 .m. Sunday through Thursday and until 11:00 p.m. o Friday and Saturday. (p) Alcoholic beverages, and/or entertainment are not part of this approval process and shall not be provided. (q) Owner/Applicant shall redesign the outdoor dining plan to eaten the existing area to include the following and submit to the Planing Division for approval: 1. Remove an additional parking space in front of the Cold Stone and extend parking lot white stripping to include the Cold S Ione frontage; 2. Install additional sidewalk for a minimum five (5) feat pedes rian sidewalk (5 feet from the curb); 3. Design a protective barrier to be reviewed and approved b the Building Official so that a five (5) feet walkway is provide for pedestrians; 7 4. Add additional potted plants (like the existing potted plants in the parking lot) to prevent vehicle parking in the enlarged area; 5. Install a concrete bumper strip in the parking stall south of the subject revisions to prevent overhang on the pedestrian walkway; 6. Paint new curb red. (r) Umbrella span and use shall not extend into pedestrian path of travel. (s) 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 Deputy City Manager 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. (t) 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. (u) 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 owner, Diamond Bar Grand LLC, 2717 W. Coast Highway, Diamond Bar, CA 91765, applicantlagent, Ken Hamilton, Cold Stone Creamery, 1127 S. Grand Avenue, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 12th DAY OF AUGUST 2003, BY COMMISSION OF THE CITY OF DIAMOND BAR. By: Ste&veTye, Chair Van Steve Tye, Chair Van I, James DeStefano, Planning Commission Secretary, do hereby certify thothe 1 Resolution was duly introduced, passed, and adopted, at a regular meeting f the Commission held on the 12th day of August 2003, by the following vote. AYES: Commissioner: Nelson, Ruzicka, Tanaka, V/C Nolan, C/Tye NOES: Commissioner: None ABSENT: Commissioner: None ABSTAIN: Commissioner: None ATTEST: Jam s DeStefa o, Secretary 9