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HomeMy WebLinkAboutPC 2006-31PLANNING COMMISSION RESOLUTION NO. 2006-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2006-08 AND MINOR CONDITIONAL USE PERMIT NO. 2006-09 FOR RENDINO'S RESTAURANT WITH OUTDOOR DINING, GAME ARCADE, AND ON-SITE BEER AND WINE LOCATED AT 1261 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA 91765. A. RECITALS The property owner, Diamond Bar/Grand, LLC and applicant, Richard Kim, filed an application to review Conditional Use Permit No. 2347-(1) issued by Los Angeles County and to issue a new Conditional Use Permit No. 2006-08 and Minor Conditional Use Permit No. 2006-09 for the existing pizza restaurant with outdoor dining, game arcade, on-site sale of beer and wine, and to establish the uses to run with the land for the property located at 1261 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. 2. Public hearing notices were mailed to property owners within a 700 -foot radius of the project site. Notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices were posted at the City's designated community posting sites. 3. On August 8, 2006, the Diamond Bar Planning Commission conducted and concluded 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 Cornmission 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 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 in accordance to Section 15301 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 existing commercial shopping center is regional commercial uses and is on four land parcels of approximately six (6) acres in size with multiple buildings constructed in 1983. A reciprocal parking agreement exists. Rendino's is the current name of the 2,848 square feet, second floor restaurant in the shopping center at the southwest corner of Grand Avenue and Diamond Bar Boulevard. (b) The project site has a General Plan land use designation of General Commercial (C) and the zone is Regional Commercial, C3. (c) The following zones and uses surround the project site: to the north and south are Regional Commercial C-3 zone and commercial uses; to the east is R-3, 8,000 zone and multi -family residential uses; and to the west is RPD 8,000 zone and single family residential uses. (d) The Application requests review of the existing Conditional Use Permit for the existing pizza restaurant with outdoor dining, game arcade, on-site sale of beer and wine, and to issue a new Conditional Use Permit and Minor Conditional Use Permit with uses to run with the land. CONDITIONAL USE AND MINOR CONDITIONAL USE PERMITS (e) The game arcade, outdoor dining, and on-site consumption of beer and wine as accessory uses for a restaurant are allowed within the subject zoning district with approval of a Condition Use and Minor Conditional Use Permits and complies with all other applicable provisions of this Development Code and the Municipal Code. In accordance to Diamond Bar's Development Code, Chapter 22.10: Table 2-6, the proposed game arcade, outdoor dining, and on-site 2 Planning Commission Resolution No. 2006-31 consumption of beer and wine are permitted in the C-3 Zone with the review and approval of Conditional Use and Minor Conditional Use Permits. AS, conditioned, the proposed use will comply with all other applicable provisions of the Development Code. (f) The proposed use is consistent with the General Plan and any applicable specific plan. The project site's land use designation is General Commercial (C). It provides for regional, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a service use and as such is consistent with the General Plan. There is no applicable specific plan. (g) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed project will not alter the physical appearance of the existing commercial site. The uses are in the existing restaurant previously approved by Conditional Use Permit No. 2347(1) issued by Los Angeles County. Operating characteristics are compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use and Minor Conditional Use Permits process. (h) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The uses exist since the early 1980's under the Los Angeles County issued CUP 2347(1). The uses operate as accessory uses to the existing restaurant and agency approvals and no intensification is anticipated. The project site contains an adequate number of parking spaces needed for the proposed uses and other tenants as required by Table 3-10 of the Development Code. The subject site is physically suitable for the type and densitylintensity of uses being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. A review of Sheriff service calls indicates only three false burglar alarms from their system were called in for the last year. (i) Granting the Conditional Use and Minor Conditional Use Permits will not be detrimental to the public interest, health, safety, convenience 3 Planning Commission Resolution No. 2006-31 or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. Various State and County agencies and Diamond Bar Development Divisions review the uses and operational conditions listed within this resolution. The granting of the Conditional Use and Minor Conditional Use Permits 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. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental QualityAct (CEQA) Section 15301, the City has determined that this project is categorically exempt. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following and attached Standard Conditions: (a) The Applicant shall comply with the requirements of the State Department of Alcoholic Beverage Control; the Los Angeles County Health Department, the Fire Department, and Los Angeles County Business License Department. The Applicant shall be in compliance with all requirements of said agencies at all times and receive all approvals and licenses. (b) School age children shall not be allowed to operate arcade games during school hours unless accompanied by a parent or adult guardian. 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 Diamond Bar/Grand, LLC, Diamond Bar/Grand, LLC, 2717 West Coast Highway, Newport Beach, CA 92663 and Rendino's, Richard Kim, 3126 Gotera Drive, Hacienda Heights, CA 91745. 4 Planning Commission Resolution No. 2006-31 APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: S eve Nelson, Vice- hairman I, Nancy Fong, 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 8th day of August, 2006, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Torng, Lee, Wei, VC/Nelson None. None. None. COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS -COMMERCIAL PROJECT #: CUP 2006-08 AND MCUP 2006-09 SUBJECT: UPDATE CONDITIONS FOR RESTAURANT WITH OUTDOOR DINING GAME ARCADE AND ON SITE BEER AND WINE APPLICANT: RICHARD KIM LOCATION: 1261 S. DIAMOND BAR BOULEVARD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2006-08, Minor Conditional Use Permit No. 2006-09 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such. action: 6 Planning Commission Resolution No. 2006-31 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-08, Minor Conditional Use Permit No. 2006-09(s), at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar, 4. Signed copies of the Planning Commission Resolution No. 2006-31, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7 Planning Commission Resolution No. 2006-31 10. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. TIME LIMITS The approval of Conditional Use Permit No. 2006-08, Minor Conditional Use Permit No. 2006-09 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. C. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" including: floor plans on file in the Planning Division, the conditions contained herein, and Development Code regulations. 2. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit and Minor Conditional Use Permits shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permits. 3. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 5. Hours of operation: Daily —11:00 a.m. to 11:00 p.m. D. LANDSCAPE 1. Landscape for the outdoor dining pots shall be maintained. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement 8 Planning Commission Resolution No. 2006-31 approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards for the outdoor dining use. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: This project shall comply with all Accessibility Code requirements including accessible parking., path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 2. All restaurants shalll be equipped with grease interceptors. 3. All food establishments shall obtain County health and environmental waste permits. 4. Separate permit shall be required for all wall and monument signs" and shall be noted on plans. Q 9 Planning Commission Resolution No. 2006-31 PLANNING COMMISSION RESOLUTION NO. 2006-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2006-08 AND MINOR CONDITIONAL USE PERMIT NO. 2006-09 FOR RENDINO'S RESTAURANT WITH OUTDOOR DINING, GAME ARCADE, AND ON-SITE BEER AND WINE LOCATED AT 1261 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA 91765. A. RECITALS The property owner, Diamond Bar/Grand, LLC and applicant, Richard Kim, filed an application to review Conditional Use Permit No. 2347-(1) issued by Los Angeles County and to issue a new Conditional Use Permit No. 2006-08 and Minor Conditional Use Permit No. 2006-09 for the existing pizza restaurant with outdoor dining, game arcade, on-site sale of beer and wine, and to establish the uses to run with the land for the property located at 1261 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. 2. Public hearing notices were mailed to property owners within a 700 -foot radius of the project site. Notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices were posted at the City's designated community posting sites. 3. On August 8, 2006, the Diamond Bar Planning Commission conducted and concluded 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 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 in accordance to Section 15301 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 existing commercial shopping center is regional commercial uses and is on four land parcels of approximately six (6) acres in size with multiple buildings constructed in 1983. A reciprocal parking agreement exists. Rendino's is the current name of the 2,848 square feet, second floor restaurant in the shopping center at the southwest corner of Grand Avenue and Diamond Bar Boulevard. (b) The project site has a General Plan land use designation of General Commercial (C) and the zone is Regional Commercial, C3. (c) The following zones and uses surround the project site: to the north and south are Regional Commercial C-3 zone and commercial uses; to the east is R-3, 8,000 zone and multi -family residential uses; and to the west is RPD 8,000 zone and single family residential uses. (d) The Application requests review of the existing Conditional Use Permit for the existing pizza restaurant with outdoor dining, game arcade, on-site sale of beer and wine, and to issue a new Conditional Use Permit and Minor Conditional Use Permit with uses to run with the land. CONDITIONAL USE AND MINOR CONDITIONAL USE PERMITS (e) The game arcade, outdoor dining, and on-site consumption of beer and wine as accessory uses for a restaurant are allowed within the subject zoning district with approval of a Condition Use and Minor Conditional Use Permits and complies with all other applicable provisions of this Development Code and the Municipal Code. In accordance to Diamond Bar's Development Code, Chapter 22.10: Table 2-6, the proposed game arcade, outdoor dining, and on-site 2 Planning Commission Resolution No. 2006-31 consumption of beer and wine are permitted in the C-3 Zone with the review and approval of Conditional Use and Minor Conditional Use Permits. AS, conditioned, the proposed use will comply with all other applicable provisions of the Development Code. (f) (9) The proposed use is consistent with the General Plan and any applicable specific plan. The project site's land use designation is General Commercial (C). It provides for regional, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a service use and as such is consistent with the General Plan. There is no applicable specific plan. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed project will not alter the physical appearance of the existing commercial site. The uses are in the existing restaurant previously approved by Conditional Use Permit No. 2347(1) issued by Los Angeles County. Operating characteristics are compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use and Minor Conditional Use Permits process. (h) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The uses exist since the early 1980's under the Los Angeles County issued CUP 2347(1). The uses operate as accessory uses to the existing restaurant and agency approvals and no intensification is anticipated. The project site contains an adequate number ofparking spaces needed for the proposed uses and other tenants as required by Table 3-10 of the Development Code. The subject site is physically suitable for the type and density/intensity of uses being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. A review of Sheriff service calls indicates only three false burglar alarms from their system were called in for the last year. Granting the Conditional Use and Minor Conditional Use Permits will not be detrimental to the public interest, health, safety, convenience 3 Planning Commission Resolution No. 2006-31 or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. G) Various State and County agencies and Diamond Bar Development Divisions review the uses and operational conditions listed within this resolution. The granting of the Conditional Use and Minor Conditional Use Permits 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. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15301, the City has determined that this project is categorically exempt. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following and attached Standard Conditions: (a) The Applicant shall comply with the requirements of the State Department of Alcoholic Beverage Control; the Los Angeles County Health Department, the Fire Department, and Los Angeles County Business License Department. The Applicant shall be in compliance with all requirements of said agencies at all times and receive all approvals and licenses. (b) School age children shall not be allowed to operate arcade games during school hours unless accompanied by a parent or adult guardian. 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 Diamond Bar/Grand, LLC, Diamond Bar/Grand, LLC, 2717 West Coast Highway, Newport Beach, CA 92663 and Rendino's, Richard Kim, 3126 Gotera Drive, Hacienda Heights, CA 91745. 4 Planning Commission Resolution No. 2006-31 APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Vice -Chairman I, Nancy Fong, 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 8th day of August, 2006, by the following vote: AYES: Commissioners: Torng, Lee, Wei, VC/Nelson NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: None. ATTEST: 5 Planning Commission Resolution No. 2006-31 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS -COMMERCIAL PROJECT #: SUBJECT: APPLICANT: LOCATION: CUP 2006-08 AND MCUP 2006-09 UPDATE CONDITIONS FOR RESTAURANT WITH OUTDOOR DINING, GAME ARCADE, AND ON SITE BEER AND WINE RICHARD KIM 1261 S. DIAMOND BAR BOULEVARD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2006-08, Minor Conditional Use Permit No. 2006-09 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such. action: 6 Planning Commission Resolution No. 2006-31 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-08, Minor Conditional Use Permit No. 2006-09(s), at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006-31, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7 Planning Commission Resolution No. 2006-31 10. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. TIME LIMITS The approval of Conditional Use Permit No. 2006-08, Minor Conditional Use Permit No. 2006-09 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. C. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" including: floor plans on file in the Planning Division, the conditions contained herein, and Development Code regulations. 2. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit and Minor Conditional Use Permits shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permits. 3. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 5. Hours of operation: Daily -11:00 a.m. to 11:00 p.m. D.LANDSCAPE 1. Landscape for the outdoor dining pots shall be maintained. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement 8 Planning Commission Resolution No. 2006-31 approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards for the outdoor dining use. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. This project shall comply with all Accessibility Code requirements including accessible parking., path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 2. All restaurants shalll be equipped with grease interceptors. 3. All food establishments shall obtain County health and environmental waste permits. 4. Separate permit shall be required for all wall and monument signs" and shall be noted on plans. END 9 Planning Commission Resolution No. 2006-31