R-125-16 Upholding an appeal of the Planning Commission's decision (File Index No DAP-001-347) to deny a conditional use permit modification

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "EXHIBIT A" CONDITIONS OF APPROVAL THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AS SET FORTH IN THE CONDITIONS OF APPROVAL. HOLD HARMLESS The Applicant shall defend, indemnify, and hold harmless the City of Colton and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Colton, its officers, employees, or agents to attacks, set aside, void, or annul any approval or condition of approval of the City of Colton concerning this project, including but not limited to any approval or condition of approval of the city council, planning commission, or development services director. The City shall promptly notify the Applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter PLANNING DIVISION 2. This approval is for a Conditional Use Permit Modification (CUP) (DAP -000-894) to allow off -sale alcohol sales (Type 21) ABC liquor license to replace an existing Type 20 license and to remove barrier between market and dining area for an existing gas station/convenience market with a drive-thru on a lot measuring approximately 1.04 acres within the C-2 (General Commercial) Zone (File Index No. DAP -001-347), as shown on the plans stamped and dated 8/8/16, by the Development Services Department, except as amended by the conditions herein. 3. Any requests for modifications, including any deviation from the approved plans and/or conditions of approval, shall be submitted to the Development Services Director for review, prior to implementation of the modification. Significant deviations from the approved plans or conditions of approval shall be subject to review and approval by the Planning Commission. The applicant requesting the modification shall supply information deemed necessary by the Director and/or Commission to make a determination. 4. All signs shall conform to the Sign Code. 5. The site operations shall be subject to the following: a. A special events permit shall be obtained from the Community Services Department for any special events on site (e.g., grand opening, temporary outdoor sales, etc). b. The site shall be developed and maintained consistent with the approved plans and the conditions of approval. C. The premises shall be kept clean and the operator of the establishment shall ensure that no trash or litter originating from the site is deposited onto the neighboring properties or onto the public right-of-way. 6. Separate submittals and permits are required for all accessory structures such as but not limited to, trash enclosures, patios, light standards, and storage buildings. -4-